Veterans who serve our country earn education benefits through programs like the Montgomery GI Bill and the Post-9/11 GI Bill. Until recently, the Department of Veterans Affairs (VA) forced veterans with continuous service to choose between them. That changed with the landmark Supreme Court case Rudisill v. McDonough.
What the Supreme Court Decided
In Rudisill v. McDonough, the Court ruled that if a veteran qualifies for both GI Bill programs, they can use the full benefits of each — up to a combined total of 48 months of education. This decision was a huge win, ensuring veterans can access the full support they earned.
The Problem with VA’s New Rules
Despite the Supreme Court’s ruling, the VA’s new 2024 Education Directives limit how these benefits can actually be used. These rules:
- Require a break in service to qualify for both programs
- Block transferring benefits to dependents in certain cases
- Fail to extend deadlines for dependents to use benefits
- Do not offer retroactive relief to veterans who were previously denied
in other words, the VA is still restricting benefits — even after the highest court in the land said otherwise.
Veterans and States Push Back
The Veterans of Foreign Wars (VFW), along with the state of Virginia and individual veterans, has filed a new lawsuit to force the VA to follow the Supreme Court’s decision. They argue that every veteran and family should receive the full 48 months of benefits if they qualify.
How You Can Help
The VFW is calling on veterans and families who were denied GI Bill benefits under the VA’s rules to come forward. Sharing your story can make a difference in showing how these policies cause real harm. If you or your family have been affected, you can reach out to the VFW legal team at legal@vfw.org.
Bottom Line
The Supreme Court made it clear: veterans can use both GI Bills for up to 48 months of education. The VA isn’t living up to that ruling — and now, advocates are fighting back to make sure veterans and their families get the benefits they have earned.
Read the VFW’s full statement here: VFW Calls on VA to Honor Supreme Court Ruling on GI Bill Benefits