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Education and Training

Impact of Rudisill Supreme Court Decision on Veterans’ Education Benefits

Rudisill Decision Update

If you’re ready to apply for additional benefits under the Rudisill decision, complete the VA Form 22-1995. Be sure to select that you are requesting a Rudisill review on page two of the online application. Once VA has received and evaluated your claim, you will receive an official decision.

Please note that if you are approved, your new delimiting date will be calculated based upon when you apply. If you are not ready to use your benefits, we encourage you to wait until you are ready to prevent your benefits from expiring before you are able to use them.

The deadline to receive a new expiration date recalculation is October 1, 2030. After October 1, 2030, a Veteran can still submit a claim for benefits; however, the normal delimiting date calculation rules will apply.

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 additional GI Bill benefits.

 The following chart shows the changes from before and after the Court’s decision:

Before Now
  • Beneficiaries 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.
  • Beneficiaries impacted by the Court's decision are no longer required to waive MGIB eligibility to use PGIB benefits when applying. 
  • PGIB entitlement is no longer limited to the amount of remaining MGIB entitlement, but beneficiaries 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.

Am I eligible for additional benefits? If so, what should I do?

If you have previously applied to use VA education benefits, you may be eligible for additional benefits, if:

  • You completed more than one eligible period of service, and
  • You waived all or part of your MGIB benefits so you could use PGIB benefits.

If you meet the criteria above, use this chart to determine your recommended action, or click on the decision tree link to assist you. 

You are applying to use education benefits for the first time.

Apply to use your education benefits. VA will review your claim and notify you of your eligibility.
You last received an education claim decision on or after August 15, 2018

No action is required from you. Your claim will be reviewed automatically, and VA will notify you of your eligibility.
You last received an education claim decision before August 15, 2018 VA will review and determine your education benefit eligibility only after you submit a claim. To submit a claim, complete the VA Form 22-1995. Be sure to select that you are requesting a Rudisill review on page two of the online application. Once VA has received and evaluated your claim, you will receive an official decision.

Note: By law, PGIB and MGIB eligibility is limited to a maximum of 48 months of combined benefits. Additionally, federal law prohibits the use of these benefits at the same time.

Frequently Asked Questions

Q. How is VA notifying Veterans who may have been impacted by these changes?

A. VA is distributing communications to potentially impacted Veterans.

If you believe you may have been impacted by these changes but did not receive an email from VA, refer to the eligibility section of this webpage for further guidance or contact us.

Q. Will I be able to transfer the additional benefits to my spouse, dependents, or survivors?

A. Your eligibility to transfer benefits to your spouse, dependents, or survivors will not be impacted by this decision. Existing Transfer of Entitlement requirements and limitations of use apply to any additional PGIB benefits you might receive because of the Court’s decision.

For example, if you have previously transferred PGIB benefits to a dependent and wish to transfer the additional PGIB entitlement, you must follow the existing instructions for changing your transferred benefits.

If you are not on Active Duty and were not approved to transfer of benefits while still on Active Duty, the Court’s decision will not make you eligible to do so.

Learn about PGIB Transfer of Entitlement eligibility.

Note: The Department of Defense decides whether you can transfer GI Bill benefits to your family. VA does not have the authority to change or waive the eligibility requirements, age cap, or other limitations related to Transfer of Entitlement.

Q. Will I be given a new delimiting date?

A. For eligible Veterans who previously had to forfeit their additional benefits in order to use their PGIB, VA will recalculate their benefit expiration date and provide them any return time after the election was made to use the benefit. The new expiration will be calculated by adding the time a Veteran had left when they previously forfeited their benefit to 90 days plus the date of issuance of the new Certificate of Eligibility (COE).

Example: A Veteran forfeited their MGIB benefits on January 1, 2016. At the time the Veteran had seven years remaining, before their MGIB benefits expired on January 1, 2023. The Veteran is approved by VA for reinstated MGIB eligibility on January 1, 2025 (new COE date). The seven years the Veteran had remaining before their benefits would have expired is added to the date of their new COE, plus an additional 90 days: January 1, 2025, + 90 days + seven years or March 31, 2032, is the adjusted expiration date.

Q. Can I waive my MGIB benefits to receive a refund of my $1,200 MGIB contribution and PGIB kicker payments?

A. Yes, you can still voluntarily elect to waive your MGIB benefits and receive PGIB kicker payments and a refund of your $1,200 MGIB contribution. 

Q. I was told I had to waive my MGIB benefits to use PGIB benefits even though I had two periods of service. Can I revoke that decision and use MGIB? Do I have to pay back the $1,200 refund?

A. Yes, if you were previously required to make an election to waive MGIB even though you have two periods of qualifying service, VA will revoke prior elections. However, if a revocation will result in a reduction to your current benefit payment amount, you will be given the choice whether you wish to revoke your election (reducing your current benefit payment amount) or retain your election (maintaining your current benefits payment amount). 

If you received a refund of the $1,200 contribution, you will not be required to pay it back.

Q. I waived MGIB or MGIB-SR benefits to receive a kicker under my PGIB benefits. Because of the Court’s decision, can I revoke that decision and get back my MGIB or MGIB-SR? If so, do I have to pay back the kicker?

A. Yes, you can revoke your decision to waive MGIB or MGIB-SR benefits. However, you are only eligible for your kicker payments if you voluntarily waive MGIB or MGIB-SR benefits. If you revoke your waiver, you may get extra months of MGIB or MGIB-SR but you will lose your MGIB or MGIB-SR kicker payments under PGIB.

You will not be required to pay back any kicker payments you have already received, but any remaining kicker entitlement will be paid under your remaining MGIB or MGIB-SR benefits.

Q. Do I have to submit my request for a decision by a certain date?

A. A Veteran can submit a claim at any time. However, there is a limited period of time for a Veteran to receive a delimiting (expiration) date recalculation. The deadline to submit a claim is October 1, 2030. After October 1, 2030, a Veteran can still submit a claim for benefits; however, the normal delimiting date calculation rules will apply.

Q. Does this affect my Veteran Readiness & Employment benefits?

A. Veterans who are currently participating or were previously participating on or after August 15, 2018, in the Veteran Readiness & Employment (VR&E) program and did not have eligibility to Post-9/11 GI Bill (PGIB) benefits when they elected which subsistence allowance they wanted to receive (Chapter 31 or PGIB rate), but have since been granted retroactive PGIB benefits, may now be eligible to receive the basic allowance for housing (BAH) subsistence rate.

The BAH subsistence rate is often higher than the standard Chapter 31 rate. If a Veteran is granted retroactive PGIB entitlement, VR&E will automatically adjust the rate and pay the difference, if the PGIB rate is more beneficial to the Veteran.

Q. I have a question that is not addressed. Where can I get more help?

A. Beneficiaries with questions about their GI Bill benefits may submit inquiries through Ask VA. To use Ask VA, beneficiaries must have an authenticated VA account.

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

If you have questions about your Veteran Readiness & Employment benefits, please contact the National Contact Center at 1-800-827-1000.

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

Visit this webpage, which will continue to be updated with new information as it becomes available. 
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