A major legal ruling in 2024 has reshaped how veterans may use their GI Bill education benefits. The Rudisill v. McDonough decision instructs the Department of Veterans Affairs that veterans with multiple qualifying service periods can now draw from both the Montgomery GI Bill – Active Duty (Chapter 30) and the Post 9/11 GI Bill (Chapter 33), potentially accessing up to 48 months of combined education assistance.
Related: 6 steps to start using Post-9/11 GI Bill benefits for the next school year
As a result, veterans who once faced 36-month limits on total benefit use could now have more education benefits, opening up new opportunities.
Note: This overview highlights key points to help you explore potential eligibility. Individual cases vary, and you should verify your situation directly with the VA or a qualified Veterans Service Officer (VSO).
The Rudisill Decision
For years, VA policy capped total GI Bill use at 36 months, regardless of whether a veteran qualified under one or both programs. Using the Post-9/11 GI Bill required permanently giving up any remaining Montgomery GI Bill benefits. Veterans who paid into one program and earned the other often found themselves losing access to a portion of what they had earned.
That practice was challenged by James Rudisill, a veteran who purchased into the Montgomery GI Bill during one period of service, then qualified for the Post-9/11 GI Bill through a separate period of service. Rudisill argued that since his eligibility stemmed from separate service periods, he should be entitled to use both benefits.
The court sided with Rudisill, establishing that each distinct period of service independently generates eligibility. Therefore, veterans are no longer forced to forfeit one program to use the other, as long as each applies to a separate qualifying service period.
However, the decision didn’t alter the federal 48‑month “aggregate benefits” cap. So, while you may be eligible under both programs, your total benefit use can’t exceed 48 months. Importantly, each individual GI Bill program still has a 36-month cap, so any additional benefits earned can’t exceed 48 months per program.
What This Could Mean for You
This ruling may benefit veterans who served multiple enlistments and previously were subject to the 36‑month ceiling on total education benefits. If you used some Montgomery GI Bill benefits before earning Post-9/11 GI Bill eligibility, you may now have additional time available. The VA has reviewed the records of most eligible veterans, but it does not have accurate service records for every veteran.
You can also request a review or reapply if your situation fits these conditions.
Key Eligibility Questions
- Did you contribute to the Montgomery GI Bill?
Veterans had to pay into the Montgomery GI Bill program while serving. This was $100 per month for 12 months. If you didn’t buy into the Montgomery GI Bill, this ruling won’t affect you. - Do you qualify for the Post-9/11 GI Bill?
Post 9/11 GI Bill eligibility requires qualifying active‑duty service after 10 September 2001—typically at least 90 days, or 30 days if discharged due to a service‑connected disability or awarded the Purple Heart. - Do you have multiple distinct service periods?
A key point in this ruling is that the veteran must have earned each benefit in a different period of service. The VA currently interprets each reenlistment as a new period of service. Officers, who don’t reenlist, would only qualify under this ruling if they left service and later returned. (There’s a separate court case about this.)
Real-Life Examples
Let’s look at some ways this could play out in real life.
Let’s say you were a veteran who previously gave up your MGIB benefits to transfer all 36 months of PGIB benefits to your child. In this case, you may receive up to 12 months of MGIB benefits for your own use. These can’t be transferred to dependents, since MGIB benefits apply only to the service member. You can’t get any additional Post-9/11 GI Bill benefits because you’ve already reached the 36-month limit on that program.
In a second example, let’s say you had used 26 months of the Montgomery GI Bill before switching to the Post-9/11 GI Bill. You used 10 months of Post-9/11 GI Bill benefits to complete your education. In this case, you may be eligible for 12 months of additional GI Bill benefits. Those benefits could be transferable Post 9/11 GI Bill benefits because you haven’t reached the 36-month limit under that program.
Transferability Rules Haven’t Changed
The Rudisill decision doesn’t change the existing Post-9/11 GI Bill transfer rules. Benefits must still be transferred while actively serving and require fulfillment of the four‑year service obligation. If you are no longer serving, and you don’t have any dependents with transferred Post 9/11 GI Bill benefits, then you can’t transfer benefits to them now. As always, if you are serving, transfer some benefits as soon as you are eligible to start the four-year service obligation.
Steps For You To Take
Most eligible veterans have already received notices about benefit reviews. If you haven’t received any notice, and you believe you may qualify for additional months, you can:
- Submit VA Form 22‑1995 (download here) to request an education benefits update.
- Call the VA’s education hotline at 800‑698‑2411.
- Consult a certified Veterans Service Officer (VSO) through local government, the American Legion, Veterans of Foreign Wars, or similar organizations.
The Rudisill ruling marks a significant shift, restoring an additional 12 months of VA education benefits for thousands of veterans whose service earned them access to both programs. It’s worth checking to ensure you’re getting the full opportunities you’ve earned.
