Are You Entitled to More GI Bill Benefits?

For many years, veterans with multiple terms of service have been compelled to make an irreversible decision if they qualify for more than one VA education benefit.
Thanks to one soldier, times have changed. Due to a Supreme Court Decision, in some cases, some may be eligible to use the Montgomery G.I. Bill and the more recent Post-9/11 GI Bill for a combined total of up to 48 months – with a potential gain of more than one academic year of benefits.
While it’s true that this will not apply to everyone, some 1.7 million may qualify.
How Did This Happen?
Captain Jim Rudisill joined the Army in 2000, 8 years before the Post-9/11 GI Bill was enacted into law. He served 2 years before separating and attending school at Appalachian State University, where he used his Montgomery G.I. bill to help pay for his bachelor’s degree.
After the 9/11 attacks, he rejoined the Army once again, serving 2 combat tours in Afghanistan followed by one in Iraq.
Rudisill left the Army after his 2nd tour, which spanned 6 years in combat zones, and, like many, struggled with his transition and witnessing the impact war had on his peers.
This experience led him to join the Army for a 3rd time, where he planned to serve as a chaplain to support fellow soldiers in managing the horrors of war.
His first planned stop was to attend Yale’s Divinity School, but this was not to be. The VA denied him the ability to use the more generous Post-9/11 GI Bill, limiting him to the less generous Montgomery GI Bill, which was insufficient for the tuition at Yale.
Read next: Post-9/11 GI Bill Overview
The Supreme Court Vs. the GI Bill
Along the way, Rudisill consulted with an attorney friend who offered to take his case for free. Over the next 8 years, 33 state attorneys general and the District of Columbia supported his case, along with the VFW, American Legion, Iraq, and Afghanistan Veterans Association.
It would take almost as long as he served in the military before the highest court would rule in his favor by a vote of 7-2 in April of 2024. In their decision, the Court ruled that the “VA had erred in limiting his education support.”
What Does this Mean to You?
If your service made you eligible for more than one VA education benefit through multiple qualifying terms of service, you may be able to access both, potentially giving you many more options for education.
Before the decision, with few exceptions, you were ineligible to use more than one education benefit, and the following applied:
- Those who had paid into the Montgomery GI Bill were forced to choose between using it or the newer, more generous Post-9/11 GI Bill.
- If you chose Post-9/11, you had to give up any benefits earned under your Montgomery, but your eligibility for Post-9/11 was restricted to the remaining time you had under it.
What has Changed?
As a result of the Supreme Court decision, the VA has issued guidance affirming:
- Eligible veterans can combine some of the Montgomery GI Bill with the Post-9/11 one and;
- The 2 combined may total up to 48 months or more than 5 academic years.
Read next: Post-9/11 GI Bill Overview
Who Is Affected By The Change
According to VA guidelines, if you served in the military for more than one term of service – or reenlisted – you may be eligible if all of the following are true:
- You have previously applied for and were eligible for the Post-9/11 GI Bill
- You paid into and qualified for the Montgomery GI Bill
- You have 2 separate periods of service
What does it mean that you previously applied and were eligible for the Post-9/11 GI Bill?
To qualify to apply for the GI Bill, one of these must be true:
- You have at least 90 days of active-duty service on or after September 11, 2002
- You are the recipient of a Purple Heart for service on or after September 11, 2001, and were honorably discharged after any amount of service
- You were medically discharged after at least 30 days of service on or after September 11, 3992 or;
- You are the child of a qualifying veteran or service member who transferred their benefits to you
To have applied for the Post-9/11 GI Bill, you would have done so by:
- Using the online VA application GI Bill application portal
- Submitting your application by phone at 1-888-442-4551
- Applying by mail in person at one of 2 regional application offices
What does it mean that you were eligible to and paid into the Montgomery GI Bill? To qualify for the Montgomery GI Bill, you must be eligible for one of the following categories:
Category 1
- You began active-duty service after June 30, 1985, and,
- You earned your high school diploma, GED, or at least 12 college credits and;
- $100 per month was deducted from your pay for the first 12 months of service and
- You fulfilled your contract obligations.
Category 2
- You earned a high school diploma, GED, or at least 12 college credits, and;
- Your service began before January 1, 1977, or January 2, 1978, with a deferment and,
- Served on active duty 1 day between October 19, 1984, and June 30, 1985, and remained active until June 30, 1988, or June 30, 1987, if you served 4 years and 2 years in the Selected Reserve and,
- As of December 31, 1989, you had at least one day left of Chapter 34.
Category 3
- You earned your high school diploma, GED, or at least 12 college credits and;
- You are ineligible under Categories 1 and 2 and;
- You paid $1200 into your education benefits before separation.
One of these must also apply:
- You were serving on September 30, 1990, and involuntarily separated after February 2, 1991, or on or after November 30, 1993, or,
- Through the Voluntary Separation Incentive (VSI) or Special Separation Benefit (SSB).
Category 4
- You earned your high school diploma, GED, or 12 college credits and;
- You contributed $100 per month – or a lump sum of $1200 toward your education benefits, and;
- You were still on active duty on October 9, 1996, had funds left in a VEAP account on that date, and selected MGIB before October 9, 1997, or;
- You entered full-time National Guard duty under Title 32, USC, between July 1, 1985, and November 28, 1989, and chose MGIB between October 9, 1996, and July 9, 1997.
What Do You Need To Do?
VA-qualified education beneficiaries receiving an education benefit decision after August 15, 2018, and are potentially eligible will have their cases automatically reviewed with an end date of 2030.
That said, according to the VA website, it is recommended that you complete form VA Form 22-1995 and “select that you are requesting a Rudisill review on page two of the online application.” With this in mind, if you think there is any chance that your situation could warrant a review, your best bet is to submit the paperwork.
The following caveat on the website is worth noting: “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 can use them.” If you have any questions on how this applies to your situation, it is highly recommended that you contact the VA for guidance.”
Read next: Post-9/11 GI Bill Overview
About the author

Wendy Ann Lang
Wendy Ann Lang is the President and Founder of Operation College Promise. Wendy regularly presents at national conferences as a subject matter expert in best practices to support the military-connected student population. She is a founding member of the Stockton University Veterans’ Advisory Board and was awarded their “Veterans’ Advocate of the Year” in 2017. From 2020 to 2024, Wendy led the Bush Institutes’ Higher Education and Employment Task Forces, focusing on contemporary initiatives to optimize student veterans' postsecondary success and reduce barriers to employment in high-demand fields.