George Mason University Antonin Scalia Law School

Rudisill Ruling: How Some Veterans Can Now Unlock 48 Months of 9/11 GI Bill Educational Benefits

Written by Fall 2025 M-VETS Student Advisor Daniel Krupa.

On April 16, 2024, the Supreme Court’s 7-2 ruling in Rudisill v. McDonough expanded educational benefits for some veterans, allowing up to 48 months of combined Montgomery GI Bill (“MGIB”) and Post-9/11 GI Bill (“PGIB”) benefits, overturning the Department of Veterans Affairs (“VA”) 36-month cap for those with dual entitlements.[1] As Justice Jackson stated, “Servicemembers who, through separate periods of service accrue educational benefits under both the Montgomery and Post-9/11 GI Bills may use either one, in any order, up to §3695(a)’s 48-month aggregate-benefits cap.”[2] (emphasis added) This ruling empowered veterans like James Rudisill, with multiple service periods—both pre-9/11 and post-9/11—to access benefits without “coordination” limits under 38 U.S.C. §3322(d).[3] The Rudisill decision impacts approximately 1.04 million veterans.[4] As a veteran currently using the 9/11 GI Bill, I understand firsthand how valuable these extra months can be for veterans, but ongoing litigation may broaden access further. Here’s how qualifying veterans can act now to expand their educational benefits:

I. Who Should Apply and Why:

Veterans with service qualifying for MGIB (2-3 years active duty, $1,200 contribution) and PGIB (90+ days post-9/11) who waived MGIB for PGIB may be eligible for an additional 12 months of PGIB, for a total of 48 months, under 38 U.S.C. §3695(a).[5] Veterans with an education claim decision before August 15, 2018, must apply manually for Rudisill benefits (approximately 379,000 veterans). Veterans with a claim decision on or after August 15, 2018 (approximately 660,000 veterans), will receive an automatic VA review within approximately 22 months and do not need to take action.[6] Suppose the veteran qualified for MGIB and PGIB, but their service was continuous. In that case, the veteran should still apply—filing with the VA is low-risk and preserves rights if litigation expands eligibility.[7] MGIB benefits expire 10 years after the last separation under 38 U.S.C. §3031; Post-9/11 GI Bill benefits expire 15 years after the last separation if the separation occurred before January 1, 2013; otherwise, there is no expiration.

II. Actionable Steps for Veterans to Apply:

  1. Check Status: Log into VA.gov for entitlement updates. Veterans with an education claim decision on or after August 15, 2018, will receive an automatic VA review and do not need to take action. Check VA.gov for updates on your review status.[8]
  2. Submit a Claim: Veterans with an education claim decision before August 15, 2018, should file VA Form 22-1995 online at https://www.va.gov/find-forms/about-form-22-1995/ and ensure the veteran selects “Go to the online tool.” Select the Rudisill review option when completing the online form. Include DD-214 and MGIB proof.[9] (Links for applying through the VA website can be found at the end of the article in the “Resources” section.)
  3. Get Support: Call the VA Education and Training at 1-888-442-4551 or contact a Veteran Service Organization (“VSO”) (g., Veterans of Foreign Wars (“VFW”), Disabled American Veterans (“DAV”), American Legion) for free assistance. Veterans who are residents of Virginia can also contact the Virginia Department of Veterans Services (V-DVS) to receive additional support in developing and filing claims.
  4. Meet Deadlines: Apply by October 1, 2030, for a new delimiting date.[10]

III. If Denied a Favorable Rudisill Decision:

If the VA denies the Rudisill claim, typically citing a “service break” requirement,[11] appeal under the Appeals Modernization Act (AMA)[12] with assistance from a VSO or M-VETS.[13] Select from three options based on the denial’s basis and your evidence (file within one year to preserve your effective date).[14]

  1. Higher-Level Review (HLR): File VA Form 20-0996 for a 4-5 month review by a senior adjudicator. Best for legal errors, such as misapplying Rudisill’s election rights under 38 U.S.C. §3327(a).[15] No new evidence permitted.[16]
  2. Supplemental Claim: Submit VA Form 20-0995 with new and relevant evidence (e.g., service records to support eligibility, such as for multiple education benefits). Suitable for addressing denials due to incomplete documentation or other deficiencies. If claiming benefits under multiple GI Bill programs, reference Rudisill to challenge restrictions under 38 U.S.C. §3322(d) if applicable, expect 4-5 months processing time.[17]
  3. Board Appeal (Notice of Disagreement): File VA Form 10182 to request a Board of Veterans’ Appeals review, selecting from three dockets:
    1. Direct Review (no new evidence or hearing, 365 days),
    2. Evidence Submission (new evidence within 90 days, 18-24 months), or
    3. Hearing (virtual or in-person, 2-3 years).[18]

*Note that full resolution of AMA appeals can average over 5 years, depending on the docket and complexity.[19]

Suitable for complex cases, such as challenging Rudisill-related denials under 38 U.S.C. §3322(d), or when seeking a final VA decision, with potential appeal to the U.S. Court of Appeals for Veterans Claims for legal errors.[20]

  1. If an initial appeal is denied, pursue further AMA review by filing a Supplemental Claim with new and relevant evidence, a Higher-Level Review if not previously pursued, or a Board Appeal (see bullets 1-3 for details). After a Board Appeal denial, an appeal to the U.S. Court of Appeals for Veterans Claims may be filed within 120 days for legal errors, such as misapplication of Rudisill’s holding on 38 U.S.C. §3322(d).[21]

IV. Ongoing Litigation:

A 2025 Federal Circuit lawsuit, led by Virginia’s Attorney General (“AG”), the VFW, and Iraq and Afghanistan Veterans of America, challenged the VA’s narrow interpretation of Rudisill, arguing that continuous-service veterans should qualify under Rudisill for 48 months of educational benefits too.[22] If the Virginia and VFW suit is successful, it could change education benefits for an additional 1.7 million veterans.[23] Monitor the VA, American Legion, VFW, and other VSOs for legal updates and to appeal educational upgrade denials to leverage future rulings.

V. Broader Implications:

48 months of GI Bill benefits can fund the attainment of advanced degrees or vocational training. Veterans with disability ratings (20%+) can pair Rudisill with rating increases via new claims to boost compensation.[24]

Conclusion:

Rudisill’s decision honors veterans’ service by providing the full 48 months of GI Bill educational benefits, but litigation may unlock these benefits for additional veterans in the future. Apply today under 38 U.S.C. §§3011, 3311.

Resources:

[1] Rudisill v. McDonough, 601 U.S. 294 (2024).

[2] Id. at 294.

[3] Id. at 295.

[4] American Legion, Determine Your GI Bill Benefits Expansion Under Rudisill Decision, https://www.legion.org/information-center/news/veterans-benefits/2025/january/determine-your-gi-bill-benefits-expansion-under-rudisill-decision (last visited Sept. 3, 2025).

[5] U.S. Dep’t of Veterans, Impact of Rudisill Supreme Court Decision on Veterans’ Education Benefits, https://benefits.va.gov/gibill/rudisill.asp (last visited Sept. 3, 2025).

[6] Supra note 5.

[7] Virginia Office of the Attorney General, Virginia Takes Action in U.S. Federal Court to Guarantee Veteran Education Benefits, https://www.oag.state.va.us/media-center/news-releases/2897-august-14th-2025-virginia-takes-action-in-u-s-federal-court-to-guarantee-veteran-education-benefits (last visited Sept. 3, 2025).

[8] Supra note 5.

[9] Supra note 5.

[10] U.S. Dep’t of Veterans, Impact of Rudisill Supreme Court Decision on Veterans’ Education Benefits, https://benefits.va.gov/gibill/rudisill.asp (last visited Sept. 3, 2025).

[11] Supra note 10.

[12] U.S. Dep’t of Veterans Affairs, Appeals Modernization, https://www.va.gov/decision-reviews/appeals-modernization (last visited Sept. 3, 2025).

[13] U.S. Dep’t of Veterans Affairs, Find a Veterans Service Organization, https://www.va.gov/vso/ (last visited Sept. 3, 2025) (listing VSOs and legal clinics like M-VETS for appeal assistance).

[14] 38 U.S.C. §7105(d)(3) (2024) (requiring appeals within one year to preserve effective date under AMA).

[15] Rudisill, 601 U.S. at 295 (2024) (holding that veterans with dual entitlements may elect benefits under either GI Bill without coordination limits).

[16] 38 CFR §20.602 (2024) (prohibiting new evidence in HLR).

[17] 38 U.S.C. §5108 (2024) (requiring new and relevant evidence for supplemental claims under the Appeals Modernization Act); 38 CFR §3.2501 (2024) (defining new and relevant evidence); U.S. Dep’t of Veterans Affairs, Decision Reviews and Appeals, https://www.va.gov/decision-reviews/ (last visited Sept. 3, 2025) (noting average 4-5 month processing for supplemental claims).

[18] 38 U.S.C. §7105 (2024) (governing Board Appeals under the AMA); 38 CFR §20.200 (2024) (defining Board Appeal procedures); U.S. Dep’t of Veterans Affairs, Board of Veterans’ Appeals, https://www.bva.va.gov (last visited Sept. 3, 2025) (detailing docket options and processing times).

[19] Board of Veterans’ Appeals Annual Report (Fiscal Year 2024) (noting average AMA appeal resolution can exceed 5 years for complex cases).

[20] 38 U.S.C. §7252 (2024) (establishing jurisdiction of U.S. Court of Appeals for Veterans Claims for legal errors); Rudisill, 601 U.S. 294 (2024).

[21] 38 U.S.C. §7266(a) (2024) (requiring appeal to the U.S. Court of Appeals for Veterans Claims within 120 days); 38 U.S.C. §5108 (2024) (allowing Supplemental Claims with new and relevant evidence); 38 CFR §3.2500 (2024) (outlining AMA review options after a denial); Rudisill v. McDonough, 601 U.S. 294 (2024).

[22] Commonwealth of Virginia v. Secretary of Veterans Affairs, Petition for Review at 5–9 (Fed. Cir. filed Aug. 14, 2025).

[23] Id.

[24] Rudisill, 601 U.S. at 295; 38 U.S.C. § 1114 (2024).