The Post-9/11 GI Bill, passed in 2008, provided an updated, more generous education benefit compared to the Montgomery GI Bill (MGIB). However, many service members had already paid into the Montgomery GI Bill before the Post-9/11 GI Bill became available.
Historically, when a veteran had earned benefits under two different GI Bill programs, they could use a total of 48 months of benefits. But the VA incorrectly capped benefits at 36 months when requiring veterans to make a formal “election” to switch to the Post-9/11 GI Bill. The VA argued that once a veteran chose to use the Post-9/11 GI Bill, the 36-month limit was locked in.
A 2024 Supreme Court case—brought forward by Army veteran James Rudisill—challenged this interpretation. The Court ruled that because Rudisill had separate periods of service, he was entitled to separate entitlements under both GI Bill programs, meaning he should have received the full 48 months of benefits.
Now, thanks to this ruling, the VA is adjusting its policies to comply with the law, making thousands of veterans eligible for an extra 12 months of education benefits!
You may qualify for 12 additional months of GI Bill benefits if you meet the following criteria:
✅ You paid into the Montgomery GI Bill (Chapter 30)
✅ You previously applied for the Post-9/11 GI Bill (Chapter 33)
✅ You served two separate periods of service (including reenlistment, branch changes, or being recalled to active duty from the Individual Ready Reserve)
💡 Important Note: If you only served one continuous period of service (without a break), you do not qualify for the extra benefits.
The VA is already reaching out to veterans who are likely eligible, but if you haven’t received an email, you can take these steps:
📌 If your last VA education claim decision was before August 15, 2018:
📌 If your last VA education claim decision was on or after August 15, 2018:
📌 If you think you qualify but haven’t been contacted:
The expiration of your GI Bill benefits depends on when your last service period ended:
📌 If your last period of service ended before January 1, 2013:
📌 If your last period of service ended on or after January 1, 2013:
If you previously transferred your GI Bill benefits to a spouse or child, these extra 12 months are not automatically included.
📌 If you were approved for transfer of benefits while on active duty, you may be able to apply these extra months to your dependents.
📌 If you want to return transferred benefits to yourself, you must follow the VA's process for modifying transferred benefits.
More details on transferring benefits.
This policy change is a major victory for veterans who may have thought they had used up their GI Bill benefits. Whether you are finishing a college degree, pursuing vocational training, or earning a professional certification, these extra 12 months can make a big difference in your career opportunities.
🎓💼 Don’t miss out! If you meet the criteria, check your VA education records, file your claim, and secure your additional benefits today.
📖 Read the full article here: Military.com - VA Expands GI Bill Benefits
Nicole is a retired military spouse of over 25 years, as well as a full time Real Estate Professional serving her clients in and around Colorado Springs.
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