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. 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 benefits would have aggregated 67¼ months. Under 38 U.S.C. § 1795 , supra, he was limited to a maximum aggregate of 48 months under both chapters. It is this limitation of which he complains. He contends that it violates his right to equal protection of the laws as well as his rights guaranteed by the due process clause. The district court found otherwise and dismissed the action. We affirm.

Two procedural issues were raised by a request for a three-judge court and for a class action. Both requests were denied and we believe properly. In order that a three-judge court be convened pursuant to 28…