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Rudisill: VA Expands G.I. Bill Benefits for Veterans with Multiple Periods of Service

Bradley Hennings

January 21, 2025

Rudisill: VA Expands G.I. Bill Benefits for Veterans with Multiple Periods of Service

CCK Law: Our Vital Role in Veterans Law

The Department of Veterans Affairs (VA) recently implemented a significant change to G.I. Bill benefits, offering a higher cap on benefits for veterans who served multiple qualifying periods of military service.

In Chisholm Chisholm & Kilpatrick’s view, this adjustment—spurred by the Supreme Court decision in Rudisill v. McDonough (2024) (PDF)—corrects a longstanding limitation in the G.I. Bills’ application. Below, we break down the biggest changes and what they mean for veterans and their dependents, including answers to frequently asked questions such as:

  • Who qualifies for the increased G.I. Bill benefits?
  • Why are the benefits still capped at 48 months?
  • What if a veteran’s delimiting date has passed, and benefits have expired?
Who We Are: Chisholm Chisholm & Kilpatrick is the leading veterans law firm in the U.S. Since 1999, CCK has argued thousands of cases before the Board of Veterans’ Appeals and Court of Appeals for Veterans Claims, including many of the cases that have shaped veteran disability law.

Why Did the Rudisill Court Force VA to Change G.R. Bill Benefits?

Both the Montgomery G.I. Bill and the Post-9/11 G.I. Bill grant 36 months of higher education benefits. Previously, VA limited veterans to a maximum of 36 months of educational benefits, even if a veteran qualified under both the Montgomery G.I. Bill and the Post-9/11 G.I. Bill due to separate periods of service. Given that the Montgomery G.I. Bill provides less money, most veterans eligible for both programs chose to waive their Montgomery G.I. Bill benefits.

The Post-9/11 GI Bill Explained

In Rudisill, the Supreme Court decided that forcing this waiver and imposing a 36-month limitation was contrary to the law.

Several months later, VA updated its regulations accordingly.

What Are the New G.I. Bill Benefits After Rudisill?

Under the new rules, veterans who qualify for both the Montgomery G.I. Bill and Post-9/11 G.I. Bill due to two or more qualifying terms of service are eligible for up to 48 months of combined educational benefits (Unfortunately, separate federal statutes still cap government higher education payouts to veterans at 48 months.)

This change could potentially benefit over one million veterans and their beneficiaries. VA is actively notifying eligible veterans and launching outreach campaigns to ensure they are aware of these expanded benefits.

How Can Veterans Access the Increased G.I. Bill Benefits Granted After Rudisill?

VA estimates that approximately 660,000 claims will be processed automatically, requiring no action from veterans. This is expected to apply to veterans who received an education claim decision on or after August 15, 2018.

For those whose claims are not automatically adjudicated, VA intends to contact these veterans with instructions on how to apply for additional benefits. Veterans should expect to be asked to submit a VA Form 22-1995.

Veterans do not need to wait for VA contact. Additional information about applying for the new benefits is available on the VA website.

Veterans Whose G.I. Bill Benefits Had Expired

Normally, Montgomery G.I. Bill benefits must be used within 10 years of leaving the military. This has been modified as part of the rollout of the new G.I. Bill benefits.

If veterans completed more than one eligible period of service and waived all or part of their Montgomery G.I. Bill benefits to use Post-9/11 G.I. Bill benefits, they can apply for an extension. Veterans must apply for this extension by October 1, 2030.

After receiving the extension, VA will give a veteran a new delimited date. The veteran will have the amount of time that they still had to use the Montgomery returned to them, with an additional 90-day extension. (For example, if a veteran still had four years left to use the Montgomery G.I. Bill when they chose the Post-9/11 G.I. Bill, then when their extension is granted, they will have four years plus ninety days to use the extended G.I. Bill benefits.)

TIP: Note that VA calculates the new delimiting date from when the veteran applies for the new benefits. Therefore, veterans should consider waiting until they are ready to use their benefits before applying for them.

Veterans Who Have Not Used Their G.I. Bill Benefits Yet

  • VA no longer requires veterans to waive Montgomery G.I. Bill eligibility to use Post-9/11 G.I. Bill benefits.
  • Veterans can revoke their waiver of the Montgomery G.I. Bill if they have already waived it.
  • The 48-month limit for combined benefits will still apply.

CCK Law Reacts

The Limitations of the New G.I. Bill Benefits

While the expanded benefits are a significant step forward, there are still some limitations:

  • No Retroactive Loan Forgiveness: Veterans cannot retroactively apply the benefits toward previously incurred student loans or request refunds for education that the veteran already paid for.
  • Capped Duration: Other federal rules mean that total educational benefits remain capped at 48 months, regardless of a veteran’s eligibility for both 36-month programs.

Rudisill is a great example of the vital role the federal court system plays in providing accountability to VA and clarifying and protecting veterans’ rights.

VA’s expansion of G.I. Bill benefits is a welcome victory for veterans who have dedicated multiple periods of service to their country. We encourage veterans to access these expanded benefits if available to them. Note that, if desired, you can transfer the added benefits to your spouse and dependents, just like the original benefits.

For more detailed information about post-Rudisill education benefits, veterans can visit VA’s official site on the Rudisill G.I. Bill changes or contact VA representatives directly.

What Next? For over 25 years, Chisholm Chisholm & Kilpatrick has worked to clarify VA benefits and improve veterans’ understanding of them. If you need help appealing a VA decision or filing a complex claim, reach out to us for a free case evaluation. In addition to our blog, you may also find our popular YouTube channel helpful. Feel free to comment on our videos with requests for more discussion of veterans disability benefits and updates.

About the Author

Bio photo of Bradley Hennings

Bradley Hennings joined Chisholm Chisholm & Kilpatrick as an attorney in January 2018 and currently serves as a Partner in the firm. His practice focuses on the U.S. Department of Veterans Affairs (VA) and the U.S. Court of Appeals for Veterans Claims.

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