Veterans serve tirelessly to protect our country and earn valuable educational benefits through their service. A recent SCOTUS decision explains how some veterans with separate and qualifying military service periods can accrue and combine educational benefits under two programs, to maximize their educational benefits.
Did you know that veterans with multiple qualifying service periods can combine educational benefits under two programs to receive up to 48 months of Veterans Administration educational benefits, even though each program separately provides for up to 36 months of benefits?
A recent SCOTUS decision confirmed that veterans with separate and qualifying military service periods can accrue educational benefits under both the Montgomery GI bill and the post-9/11 GI Bill. They can combine their benefits under both programs, subject to a total cap of 48 months of educational benefits. Rudisill v. McDonough, Secretary of Veterans Affairs, 601 U.S. ___ (No. 22-888, April 16, 2024).
These educational benefit programs for veterans are summarized in the table below.[1]
| Montgomery GI Bill Act of 1984 (Active Duty) | Post 9/11 Veterans Educational Assistance Act of 2008 | |
| Who is eligible | service dates from 1985-2030 | Active-duty service of at least 36 months (for 100% benefit) on or after September 11, 201 |
| What it covers | Monthly stipend of up to $2,358 per month | In-state tuition for public universities Private tuition and fees up to $27,120.05 Monthly housing allowance $1,000 annual book stipend One-time relocation payment |
| Are benefits transferable to dependents? | No. | Yes. |
[1] Information in the table is available online at Know the difference between Montgomery, post-9/11 GI Bills before 2023 (militarytimes.com) and Compare VA Education Benefits | Veterans Affairs.
How The New SCOTUS Decision Can Help Qualifying Veterans.
Example. Joe Rogers (J.R.) enlisted in the United States Army in 2000. J.R. served honorably for 8 years, in three different periods of military service.
J.R.’s first military service period began in 2000. He served in combat in Iraq and Afghanistan. He was injured in the line of duty and earned a bronze star.
J.R.’s service qualified him for up to 36 months of educational benefits under the Montgomery GI Bill. After his second tour of duty, J.R. went back to school, used 25 months and 14 days of his Montgomery GI Bill benefits, earned an undergraduate degree, and graduated in 2007 with a college degree.
J.R. re-enrolled in the Army and served for a third period. He then was accepted to Yale Divinity School, to become an Army chaplain. Due to his multiple service periods, J.R. is also eligible for benefits under the post-9/11 GI Bill. If he wishes, J.R. can opt to switch to the post-9/11 GI Bill benefits to finance an additional 22 months and 16 days of graduate school, which is the unused portion of his 48 months aggregate cap under both the Montgomery GI Bill and the Post-9/11 GI Bill. See Rudisill v. McDonough, supra. He is not limited to 36 months of benefits under only one program. A copy of the Rudisill decision is available online at 22-888 Rudisill v. McDonough (04/16/2024) (supremecourt.gov)
For more information or questions, contact Jane at (856) 938-8578 or visit https://fearnzimmerelderlaw.com.