Veterans who served at least two qualifying periods of service may now qualify for up to 48 months of total GI Bill benefits.
In a major victory for veterans last April, the U.S. Supreme Court decided in Rudisill v. McDonough that veterans who qualify for both Montgomery GI Bill and Post-9/11 GI Bill through separate periods of service may use either one, in any order, for up to four years.
The American Legion, with the support of their litigation partner, the national law firm Bergmann & Moore, played a key role in the successful outcome of the case.
Under the previous policy, eligible veterans who served at least two periods of service were limited to a maximum total of 36 months of GI Bill benefits, between the Montgomery GI Bill and the Post-9/11 GI Bill. Under the updated policy, that limitation is removed – meaning that eligible veterans can now qualify for up to 48 months of total GI Bill benefits.
The Rudisill decision applies to veterans who:
- Previously applied for Post-9/11 GI Bill (Chapter 33) benefits;
- Served two separate qualifying periods of service; and
- Forfeited eligibility for a benefit to gain eligibility to Post-9/11 GI Bill (Chapter 33) benefits.
Of the 1.04 million veterans who may be eligible for these benefits, the approximately 660,000 potentially impacted beneficiaries who had an education claim decision on or after Aug.15, 2018, do not need to take action. The VA will review and determine their education benefit eligibility. Once VA has reviewed their file, beneficiaries will receive an official decision. VA anticipates completing these records reviews within approximately 22 months due to the number of potentially impacted beneficiaries.
VA also will automatically calculate and pay the difference, if applicable, for Veteran Readiness and Employment (VR&E) participants who previously did not have Post-9/11 GI Bill benefits while participating in VR&E and are granted retroactive Post-9/11 GI Bill entitlement.
Action is required for the potentially 379,000 impacted veterans who have had an education claim decision before Aug.15, 2018. The VA will review and determine their education benefit eligibility only after the veteran submits a claim. Once VA has received and evaluated their claim, the veteran will receive an official decision. The deadline to submit a claim is Oct. 1, 2030.
If you believe you may have been impacted by these changes, and for further answers about the Rudisill decision, please visit the VA’s Rudisill webpage.
- Veterans Benefits