- April 16, 2024 – Rudisill v. McDonough Supreme Court Decision
- June 13, 2024 – Rudisill Implemented for Original Claims Processing
- January 7, 2025 – Rudisill Retroactive Review Procedures Implemented
Before
-Beneficiaries eligible for both MGIB and PGIB were required to waive MGIB eligibility to begin using PGIB benefits.
- PGIB entitlement was limited to the amount of remaining MGIB entitlement.
- Previous elections to waive MGIB could not be revoked.
Now
- Beneficiaries impacted by the Court's decision are no longer required to waive MGIB eligibility to use PGIB benefits when applying.
- PGIB entitlement is no longer limited to the amount of remaining MGIB entitlement, but beneficiaries are still subject to the 48-month limit for combined benefits under multiple programs.
- Previous elections to waive MGIB in order to use PGIB can be revoked.
If you're ready to apply for additional benefits under the Rudisill decision, complete the VA Form 22-1995 (https://www.va.gov/education/apply-for-education-benefits/application/1995/introduction?toggle=true) Be sure to select that you are requesting a Rudisill review on page two of the online application. Once VA has received and evaluated your claim, you will receive an official decision.
Please note that if you are approved, your new delimiting date will be calculated based upon when you apply. If you are not ready to use your benefits, we encourage you to wait until you are ready to prevent your benefits from expiring before you are able to use them.
The deadline to receive a new expiration date recalculation is October 1, 2030. After October 1, 2030, a Veteran can still submit a claim for benefits; however, the normal delimiting date calculation rules will apply.
- The Supreme Court decided in Rudisill v. McDonough that beneficiaries who earn educational benefits under the Montgomery GI Bill (MGIB) and the Post-9/11 GI Bill (PGIB) may access benefits under either program for a maximum of 48 months of benefits.
~ However, the education benefits must be earned through two separate periods of service. Federal law prohibits the use of these benefits at the same time.
- VA estimates this only applies to about 1,040,000 Veterans. Veteran must have:
- Previously applied for Post 9/11 GI Bill (Chapter 33) benefits;
- Served two separate qualifying periods of service; and
- Forfeited eligibility for a benefit to gain eligibility to Post 9/11 GI Bill (Chapter 33) benefits
- Veteran Readiness and Employment (VR&E), Chapter 31, participants who previously did not have PGIB benefits while participating in VR&E, and are granted retroactive PGIB entitlement may be eligible for the monthly housing allowance (MHA) subsistence allowance rate while participating in VR&E.
- The MHA subsistence allowance rate is often higher than the standard VR&E subsistence allowance rate.
VA analyzed education program data to group the potentially impacted beneficiaries impacted by the Supreme Court’s decision. As detailed in communications being sent directly to potentially impacted beneficiaries, identified beneficiaries should take the appropriate steps based upon the following groupings:
- No action needed.For approximately 660,000 potentially impacted beneficiaries who had an education claim decision on or after August 15, 2018, VA will review and determine their education benefit eligibility without the beneficiary taking any action. Once VA has reviewed their file, beneficiaries will receive an official decision. VA anticipates completing these records reviews within approximately 22 months.
- No action needed (VR&E). VA will automatically calculate and pay the difference, if applicable, for VR&E participants who previously did not have PGIB benefits while participating in VR&E and are granted retroactive PGIB entitlement.
- Action is required. For approximately 379k potentially impacted beneficiaries who have had an education claim decision before August 15, 2018, VA will review and determine their education benefit eligibility only after they submit a claim. Once VA has received and evaluated their claim, they will receive an official decision. These requests must be received prior to October 1, 2030.
Estimate a total of 1,039,010 Veterans are potentially impacted by the Supreme Court’s decision, requiring VA action to review their education claim.
- VA is legally required to re-adjudicate 660,329 claims that meet the Rudisill applicability criteria without the claimant needing to submit a claim.
- Additionally, the remaining 378,681 potentially impacted Veterans are eligible to have their claim reviewed, however, the re-adjudication cannot be automatic; the claimant must first take action to submit a claim.
Two criteria to prioritize re-adjudication for beneficiaries:
1) Months of remaining PGIB entitlement &
2) Months since last school attendance. These criteria will be ordered by priority and then by the number of months remaining until delimiting date expiration. Re-adjudications would occur in order based on this prioritized list.
* Note: Active VR&E beneficiaries who are potentially eligible for an increase in their subsistence allowance rate to the Post-9/11 GI Bill (BAH) rate will be assigned to priority cohort 8. Education Service must first determine if the Veteran is eligible for additional PGIB, before VR&E is able to determine if an increase in the VR&E subsistence allowance rate can be paid.
