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Education and Training

 

Impact of Rudisill and Perkins Supreme Court Decision on Veterans’ Education Benefits

Rudisill Decision Update

Veterans no longer need to request a review under the Rudisill decision to determine if they qualify for additional VA education and training benefits. VA is updating systems to automate education benefit reviews and will either issue a formal decision or inform Veterans if any action is required. VA will focus our resources on the Veterans in the most urgent need of additional benefits – those currently enrolled in school or were enrolled in the last six months.

What has changed?

On April 16, 2024 the Supreme Court of the United States decided that if you served at least two periods of service—one that qualifies for the Montgomery GI Bill (MGIB) and another that qualifies for the Post-9/11 GI Bill (PGIB)—you may be able to receive both benefits for up to 48-months of entitlement.

Since that announcement, the United States Court of Appeals for Veterans Claims’ decided in Perkins v. Collins that Veterans who served for a single obligated period of sufficient length could also be eligible for two different education programs based on different months and days of service within that single obligated period.

The following chart shows the changes caused by the Rudisill and Perkins decision:

Before Now
  • Veterans eligible for both MGIB and PGIB were required to waive MGIB eligibility to begin using PGIB benefits.
  • PGIB entitlement was limited to the amount of remaining MGIB entitlement.
  • Previous elections to waive MGIB could not be revoked.
  • Veterans impacted by either Rudisill or Perkins are no longer required to waive MGIB eligibility to use PGIB benefits when applying.
  • PGIB entitlement is no longer limited to the remaining MGIB entitlement, but Veterans are still subject to the 48-month limit for combined benefits under multiple programs.
  • Previous elections to waive MGIB in order to use PGIB can be revoked.
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