Rudisill Act Claims

How veterans with multiple periods of service file for full GI Bill benefits after the Supreme Court's Rudisill decision.

In Rudisill v. McDonough (2024), the U.S. Supreme Court ruled that veterans who served in more than one qualifying period are entitled to the full amount of both the Montgomery GI Bill and the Post-9/11 GI Bill — up to a combined 48 months of education benefits — without being forced to give up one to use the other.

Who qualifies

  • You served in two or more separate qualifying periods of service.
  • You separately earned entitlement to both the MGIB (Chapter 30) and the Post-9/11 GI Bill (Chapter 33).
  • You have remaining entitlement under either program (or were previously denied because of the old 48-month cap election rule).

How to file a Rudisill claim

  1. Gather your records. Collect your DD-214(s) for every period of service and any prior GI Bill award letters showing months used or remaining.
  2. Apply through VA.gov. File VA Form 22-1990 (Application for VA Education Benefits) online at va.gov/education/how-to-apply. In the additional-information section, explicitly state that you are requesting benefits under the Rudisill decision and list each qualifying period of service.
  3. If previously denied or shortchanged, file VA Form 20-0995 (Supplemental Claim) referencing the prior decision and citing Rudisill v. McDonough, 601 U.S. ___ (2024) as new and relevant evidence.
  4. Track the claim on VA.gov under "Check your claim status." Decisions typically take 30–60 days.
  5. Get free help. A County Veterans Service Officer (CVSO) or VSO (DAV, VFW, American Legion, Vietnam Veterans of America) can file the claim for you at no cost.

Common mistakes to avoid

  • Don't elect to give up MGIB to switch to Post-9/11 — that election is no longer required to access both.
  • Don't assume the 48-month combined cap is automatically applied — request it in writing.
  • Don't let a denial sit. You have one year from the decision date to file a Supplemental Claim or Higher-Level Review.

This page is educational and is not legal advice. For help with a specific claim, contact a VA-accredited representative or your County Veterans Service Office.