Who Can Use the Supreme Court’s Rudisill Decision for More GI Bill Benefits
The Supreme Court’s decision in Rudisill v. McDonough changed how the Department of Veterans Affairs (VA) calculates GI Bill benefits for a group of veterans.
The ruling resolves a conflict over whether veterans with multiple service periods can use their benefits consecutively for up to 48 months, or if they are limited to 36 months when switching to the Post-9/11 GI Bill. For veterans, this decision could mean twelve more months of education benefits. This opportunity could fund an academic year, a degree, or vocational training.
Understanding who qualifies and how to access this entitlement is important. The process requires a veteran to take action, as the VA may not automatically adjust every veteran benefits record.
The Rudisill Supreme Court Case
The case of Rudisill v. McDonough involved Army veteran James Rudisill, who served multiple periods of service, technically qualifying him for both GI Bill options.
He first served from 2000 to 2002, earning entitlement to the Montgomery GI Bill (MGIB). He served again from 2004 to 2011. This second period of service made him eligible for the Post-9/11 GI Bill.
The dispute began when he sought to use his benefits. He used his Montgomery GI Bill benefits for his undergraduate degree. He later sought to use his Post-9/11 GI Bill benefits for divinity school.
The VA informed Rudisill that he was limited to 36 months of benefits under the Post-9/11 GI Bill. The VA’s position was that by electing to switch to the new program, he was subject to a 36-month cap.
Another federal law, the “48-month rule”, states that a veteran with eligibility for two or more GI Bill programs may use a total of 48 months of benefits. Rudisill argued the 48-month rule should apply to him. The Supreme Court agreed, ruling 7-2 in his favor in April 2024.
The court affirmed that veterans with multiple service periods are not forced to give up one earned benefit to access another.
Who Can Use the Rudisill Decision?
The Rudisill decision applies to veterans who meet criteria related to their service and GI Bill eligibility. The beneficiaries are veterans who earned entitlement to two GI Bill programs through separate periods of service.
Key Eligibility Criteria
- Multiple Periods of Service. The veteran must have served, left the military, and then returned to serve another qualifying period. A single enlistment does not meet this standard.
- Eligibility for Two GI Bill Programs. The veteran must have established eligibility for two or more VA education programs. The common combination is the Montgomery GI Bill (MGIB, Chapter 30) and the Post-9/11 GI Bill (Chapter 33).
- Have Not Used 48 Months. The veteran must not have already exhausted the 48-month limit of benefits. The ruling restores the ability to use up to this cap; it does not extend benefits beyond it.
Scenarios for Eligibility
- Prior Enlisted Officers. A group affected are those who served as enlisted members, separated, and then returned to service as an officer.
- “Break-in-Service” Veterans. This includes any veteran who served, left, and then returned for another tour of duty.
- Reservists and Guardsmen. Members of reserve components with multiple periods of active duty service could be eligible.
The core of the ruling rests on the distinction between a single period of service and multiple periods of service. If you fit this description, you are likely eligible for a review.
How to Request a Review of Your GI Bill Benefits
The VA has stated it is working to identify veterans who may be eligible for benefits under the Rudisill decision. It is recommended that veterans who believe they are eligible take the initiative to request a review of their case.
Step 1: Gather Service Records
Veterans seeking education benefits need evidence of your separate periods of service. The main document is your DD Form 214, Certificate of Release or Discharge from Active Duty. You should have a DD-214 or its equivalent for each period of service.
- Locate all your DD-214s.
- Review each form to confirm entry and separation dates. This is your proof.
- If you cannot find your records, you can request them from the National Personnel Records Center (NPRC).
Step 2: Contact the Department of Veterans Affairs
You must ask the VA to review your education benefits. You can do this through several methods.
- Use the VA’s online portal. You can submit a question through the Ask VA (AVA) system at ask.va.gov.
- Select “GI Bill” as the category.
- State that you request a “re-evaluation of GI Bill entitlement based on the Supreme Court ruling in Rudisill v. McDonough.”
- Mention you have multiple periods of service.
- You can upload your DD-214s as attachments.
- Call the VA’s Education Call Center at 1-888-442-4551.
- Be prepared for wait times.
- State the reason for your call.
- Have your VA file number or Social Security number ready.
Step 3: Follow Up on Your Request
After you submit your request, the process may take time.
- If you use the Ask VA portal, you will receive a reference number. Keep this for your records.
- Check your VA.gov profile for correspondence. The VA will issue a new Certificate of Eligibility (COE) if they determine you are entitled to more months.
- If you do not hear anything, follow up through the Ask VA portal or by phone.
About the author
Editor-in-Chief Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter/editor for Air Force Television News and the Pentagon Channel. His freelance work includes contract work for Motorola, VALoans.com, and Credit Karma. He is co-founder of Dim Art House in Springfield, Illinois, and spends his non-writing time as an abstract painter, independent publisher, and occasional filmmaker.
