James A. Burke, and on Behalf of All Others Similarly Situated v. United States of America

Appellant challenges the constitutionality of 38 U.S.C. § 1795 which limits the amount of aggregate benefits a person may receive under two or more veterans’ assistance laws. 1 Appellant had received benefits under the War Orphans’ & Widows’ Educational Assistance Act, 38 U.S.C. § 1700 et seq., (chapter 35) of $110 per month for a total of 31% months and thereafter applied for benefits under the Veterans’ Educational Assistance Act, 38 U.S.C. § 1651 et seq., (chapter 34) which provides for a possible maximum entitlement of 36 months of benefits. With the 31% months under chapter 35, the…