As one of the first post-9/11 veterans, I was faced with a stark choice by the U.S. Department of Veterans Affairs (VA) as I transitioned from military service to civilian life. While in college, I could choose the older, less generous Chapter 32 of the post-Vietnam-era Montgomery GI Bill, or I could take advantage of the newer, more robust Chapter 33 of the Post-9/11 Veterans Act GI Bill. Since college tuition was much higher than during the Vietnam era, like many others, I chose the latter.
But there's a problem: By electing Chapter 33, I'm forced to give up my Chapter 32 benefits for the first year. This condition imposed on millions of veterans effectively deprives us of thousands of dollars in educational support. This partially invalidates the military's guarantee of free education during military service. Even with this setback, the benefits of Chapter 33 are superior - so it's a trade-off that I and many others reluctantly accept.
For veterans who see this as a grave injustice, there is a beacon of hope: James Rudisill. Rudisill, a veteran and FBI agent, took legal action against the Veterans Administration, challenging the forfeiture policy. His fight culminated in a Supreme Court ruling last year that ruled the VA's actions were unlawful. The decision requires the VA to repay billions of dollars in benefits to eligible veterans -- something the VA announced earlier this month.
This victory was long overdue. However, this is not without resistance. The Trump administration is notorious for trying to cut the VA budget and federal spending, taking the case all the way to the Supreme Court. The case was initially filed as Rudisill v. Wilkiefor Trump’s then-Veterans Affairs Secretary Robert Wilkie. Ultimately, the court ruled in favor of Rudisill and the veterans. The dissent came from two conservative justices: Clarence Thomas, who benefited from financial aid from Yale Law School, and Army veteran Samuel Alito.
For veterans like me who are saddled with student loan debt while waiting for justice, this ruling is bittersweet. I took out a $30,000 loan to cover the gap left by my forfeited benefits. Ten years later, I owed $31,000. Multiply that by the estimated million veterans affected, and the magnitude of this failure becomes apparent. Despite this ruling, many veterans applying for student loans still face difficulties.
However, the ruling poses a major challenge to Trump's campaign promises. He has vowed to cut trillions of dollars from the federal budget, including hundreds of millions from the Department of Veterans Affairs. Paying back these benefits directly undermines his agenda to cut government. So, will Trump comply with the Supreme Court’s order? Based on Trump's record of complying with court orders, that's unlikely.
This is exactly what the Trump administration has promised to destroy the federal government under its Department of Government Efficiency, or “DOGE,” agenda—a deception at best and a pump-and-dump cryptocurrency scheme at worst. Disbanding entire departments and weakening agencies like the Veterans Administration. Trump's ability to evade responsibility stems from another Supreme Court ruling that shields him from criminal liability for so-called official acts he performed as president.
Trump’s disregard for legal and moral obligations to veterans is nothing new. His administration has frequently prioritized "cost-cutting" over the well-being of service members, whether it was trying to privatize the Veterans Administration during his first term, delaying benefit claims, or ignoring the systemic issues plaguing veterans' health care. question. With this ruling, veterans will receive billions of dollars they are owed. But Trump’s track record shows he will go to great lengths to deny us the benefits we deserve.
For veterans, it's yet another battle in a long battle for justice and adequate health care. The Supreme Court's decision is a step forward, but the fight is far from over. If Trump attempts to refuse to pay, as he has done with so many others, it will be the responsibility of Congress and the American public to hold him accountable.
We have served our country. Now is the time for the administration to deliver on its promises, no matter who occupies the Oval Office. Veterans should not have to sue to get what we were promised, and we certainly should not have to fight a president who views our sacrifices as just another program that needs to be cut.
The question is not whether Trump will try to screw veterans again. The question is whether we as a country will let him do that.
Michael Embrich is a veteran, former member of the Secretary of Veterans Affairs' Veterans Adjustment Advisory Committee, and a former congressional staffer.