New VA GI Bill Policy Could Add to Your Education Benefits

New VA GI Bill Policy Could Add to Your Education Benefits
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Veterans eligible for both the Montgomery GI Bill and the Post-9/11 GI Bill – including those who did not have a break in service – now can use up to 48 months of combined education benefits under a recent VA update.

 

A 2024 Supreme Court ruling in Rudisill v. McDonough voided a requirement that veterans waive Montgomery GI Bill benefits to access Post-9/11 GI Bill benefits, but the VA initially held the ruling only applied to those with two service periods, one qualifying for each program.

 

However, a Court of Appeals for Veterans Claims ruling in Perkins v. Collins in 2025 held “that a veteran whose single period of service is long enough to qualify for benefits under both the [Montgomery GI Bill] and Post-9/11 programs without using any period of time twice to establish eligibility is entitled to receive benefits under both programs up to a statutory 48-month cap on such educational benefits.”

 

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The VA noted this change in an update to its website and a Feb. 27 message announcing veterans no longer need to ask the department for an assessment of their eligibility under the GI bill programs. Instead, the department will review eligibility for all veterans who have less than three months of education benefits remaining and either are enrolled in school or were enrolled in the past six months.

 

The move will ensure “no students will be left without benefits” while the department updates its systems to automate eligibility reviews for all veterans, according to the announcement.

 

Why It Matters to Officers

The department’s initial Rudisill ruling interpretation made it much less likely an officer would qualify for education benefits under both programs, as it required distinct periods of service. While a reenlistment qualified as a break in service under VA guidelines – as would a move from enlisted service to commissioned service – an officer would only be eligible if they left uniform and returned, or if they transferred between branches or components (active duty to National Guard, for example) or into enlisted service.

 

Some officers filed lawsuits to challenge the VA’s interpretation, but the Perkins case involved an airman who was denied Montgomery GI Bill benefits despite a six-year, unbroken period of service that qualified her for both Montgomery and Post-9/11 GI Bill programs. The court found the VA erred in its interpretation.

 

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Veterans who have been asked to submit review requests no longer are required to do so, according to the VA website. VA officials will notify veterans of a decision on their eligibility or whether more information is required from the veteran to determine eligibility.

 

Veterans are still eligible for a maximum of 48 months of combined education benefits, and they are not able to use benefits from both programs at the same time. A 2030 deadline previously set by VA to apply for added benefits no longer applies, according to the website, but there is no change to the benefits’ expiration dates:

  • Post-9/11 GI Bill: For those whose service ended before Jan. 1, 2013, benefits expire 15 years after final separation date. Benefits do not expire for those whose service ended on or after Jan. 1, 2013.

  • Montgomery GI Bill: Benefits expire 10 years after separation.

  • Benefit Extensions: There are limited pathways to secure an extension under each program.

 

Veterans who believe they may be eligible for expanded education benefits under the change can visit the VA website for more information, including answers to frequently asked questions.

 

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About the Author

Kevin Lilley
Kevin Lilley

Lilley serves as MOAA's digital content manager. His duties include producing, editing, and managing content for a variety of platforms, with a concentration on The MOAA Newsletter and MOAA.org. Follow him on X: @KRLilley