I have talked about this court decision before, but as we close out 2025 and begin a new year, I think it is worthwhile talking about it again as has not gotten the press it deserves. For years, many veterans assumed their GI Bill options were limited to a single path. Once a choice was made—particularly moving from the Montgomery GI Bill to the Post-9/11 GI Bill—any remaining benefits from the earlier program were considered gone for good. A 2024 court decision changed that understanding in an important way.
How the Decision Came About
The case, Rudisill v. McDonough, forced the Department of Veterans Affairs to reconsider how education benefits are applied when a veteran’s GI Bill eligibility comes from more than one distinct period of service. The ruling clarified that when GI Bill eligibility is earned separately, it should be recognized separately. For some veterans, that clarification can mean access to more education benefits than they were previously told they could use … as much as a year more.
At the center of the case was James Rudisill, a veteran who paid into the Montgomery GI Bill – Active Duty during one period of service and later qualified for the Post-9/11 GI Bill through another. Under long-standing VA policy, using the Post-9/11 GI Bill required permanently surrendering any remaining Montgomery GI Bill entitlement—even though both benefits had been earned through separate service commitments. Rudisill challenged that approach, arguing that eligibility tied to different service periods should not cancel itself out.
The court agreed. Its decision confirmed that each qualifying period of service can independently generate GI Bill eligibility. As a result, veterans are no longer automatically required to forfeit one program simply to use the other, provided each benefit was earned during a separate enlistment or service period. That change can allow some veterans to combine benefits up to the existing federal limit of 48 total months of education assistance.
What the Decision Did Not Change
It’s important to understand what the ruling did not do. It did not eliminate the long-standing aggregate cap on VA education benefits, which remains set at 48 months. It also did not increase the individual limits of each GI Bill program, both of which are still capped at 36 months. What changed is how those months can be counted when eligibility stems from more than one qualifying service period.
For veterans who used part of their Montgomery GI Bill before later qualifying for the Post-9/11 GI Bill, this distinction can matter. Someone who previously hit a 36-month ceiling across both programs may now discover they have additional months available. In some cases, that can amount to as much as 12 months of restored eligibility, depending on how much of each program was previously used and whether either program reached its individual cap.
The ruling also does not alter existing transfer rules. Post-9/11 GI Bill benefits still must be transferred while actively serving, and the required service obligation still applies. Veterans who have already separated cannot retroactively transfer benefits to dependents, even if additional months become available as a result of the decision.
The VA has already reviewed many records to identify veterans who may qualify for additional benefits under the ruling, but not all service histories are perfectly documented. Veterans who believe their eligibility was earned across multiple periods of service (and who paid their $1,200 into the Montgomery GI Bill) may want to request a review to ensure their record reflects the full scope of their entitlement.
Ultimately …
The Rudisill decision represents a meaningful shift in how GI Bill benefits are interpreted. It doesn’t create new benefits out of thin air, but it restores access to education assistance that some veterans had effectively lost due to administrative policy rather than lack of service. For those affected, it can open the door to more time for education, retraining, or career transition by using benefits they already earned through their service.
