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Education and Training

Impact of Rudisill Supreme Court Decision on Veterans’ Education Benefits

VA has changed how qualifying periods of military service impact education benefits.

Beneficiaries who paid into and qualified for the Montgomery GI Bill – Active Duty (Chapter 30) and met the requirements for the Post-9/11 GI Bill (Chapter 33) through separate periods of service, may use benefits under both programs for a total combined period of 48 months.

Defining separate periods of service

Separate periods of service can include two periods of service connected via reenlistment.

It does not include:

  • someone with a single period of service that was extended through stop-loss, or
  • someone whose tour of duty was otherwise extended without a reenlistment.
Reminder: The stop-loss or extended period is not considered a separate period of service.

Determining eligibility questionnaire

Disclaimer: This is not a decision on your eligibility for benefits. This page is intended only to provide general information on potential entitlement to additional benefits under the Rudisill decision. Other factors may affect eligibility for additional benefits in certain cases.

The questionnaire below will assist you in determining if you are potentially affected by this change and may be eligible for additional months of educational entitlement under either the Post-9/11 GI Bill or the Montgomery GI Bill – Active Duty benefit. Select each topic to learn more about the criteria determining eligibility. 

Have you previously applied for Post -9/11 GI Bill (Chapter 33)? Select to learn more about the criteria determining eligibility.

Select answer.

Do you have separate periods of service? Select to learn more about the criteria determining eligibility.

Select answer.

Did you pay into Montgomery GI Bill-Active Duty (Chapter 30)? Select to learn more about the criteria determining eligibility.

Select answer.

Complete the decision tree below to see possible eligibility.

Decision tree detailing benefit eligibility per Rudisill decision.

Check your eligibility for Post 9/11 GI Bill website or Montgomery GI-Bill-Active Duty.  For a formal determination, apply for additional benefits under the Rudisill decision by completing VA Form 22-1995. Be sure to select that you are requesting a Rudisill review on page two of the online application.

Have you previously applied for Post-9/11 GI Bill Benefits (Chapter 33)?

Prior to April 2024, if you applied for the Post-9/11 GI Bill benefit, part of the application required you to make an irrevocable election to give up Montgomery GI Bill Active-Duty entitlement in order to use the Post-9/11 GI Bill benefit. The Rudisill Supreme Court decision invalidates that irrevocable election in certain cases. You are encouraged to answer this and the following questions to help determine if this change applies to you.

If you are unsure if you have previously applied and were awarded Post-9/11 GI Bill benefits, you can check by downloading your VA education decision letter.

You will need an ID.me or Login.gov account to access this letter. You can find more information about ID.me and Login.gov by watching our “How to Create a VA.gov Account Using ID.me” video.

Do you have Separate Periods of Service?

Qualifying:

  • Reenlistments. Service can be continuous. There is no requirement for a break in service.
  • Changes in service, i.e., serving an enlisted period in the Army and then enlisting and serving in the Navy.
  • Being recalled back to active duty from the Inactive Ready Reserve.

Does Not Qualify

  • Enlistment extensions or stop losses are not considered multiple periods of service.

Example 1 - Qualifying:

  • An individual served from 2011-2014, qualifying them for the Montgomery GI Bill Active-Duty benefit.
  • They then returned to active duty and served from 2017-2021 which qualified them for the Post-9/11 GI Bill benefit.

Example 2 - Qualifying:

  • An individual served continuously from 1990-2020, with multiple reenlistments qualifying them for the Montgomery GI Bill – Active Duty benefit and the Post-9/11 GI Bill benefit.

Did you pay into Montgomery GI Bill - Active Duty benefit?

If you paid into Montgomery GI Bill - Active Duty benefit, you likely satisfy the Rudisill criteria. If you did not, you likely do not satisfy the Rudisill criteria.

Questions?

Send us a message using Ask VA – available 24/7
Call us at 888-GIBILL-1 (888-442-4551)
Outside the U.S., call 1-918-781-5678

For the latest VA updates related to the Rudisill Supreme Court decision:

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