The 48-Month Rule (Rudisill) Explained

If you served two separate qualifying periods — one earning Montgomery GI Bill entitlement and another earning Post-9/11 — you may be entitled to up to 48 months of benefits in total, rather than the 36 the VA used to cap it at.

That came from Rudisill v. McDonough, decided by the Supreme Court on April 16, 2024. The old policy made you effectively waive one entitlement to use the other. The Court held you don't have to.

The VA estimates this affects as many as 1.04 million veterans and beneficiaries.

Two things have changed since, and both are good news:

  • You don't need to request a review. The VA is automatically reviewing the files of everyone with possible eligibility.
  • The October 1, 2030 deadline no longer applies. The VA published that date when reviews were request-based; it withdrew it once the reviews became automatic.

48 months remains the ceiling for combined entitlement across programs.

Who is eligible?

You need two distinct qualifying periods of service — one that earned Montgomery GI Bill entitlement, and a second that earned Post-9/11. A single continuous period, however long, does not create two entitlements.

If you only ever qualified under Post-9/11, this doesn't apply to you and 36 months is your entitlement.

The VA is prioritising reviews for people currently enrolled in school, or enrolled in the last six months — so if you're studying now and think this affects you, that's worth knowing when you ask about timing.

How do I apply?

  • You don't, in most cases: The VA reviews eligible files automatically and will either issue a decision or tell you if it needs something from you.
  • Check whether you have two qualifying periods: This is the whole test. Your DD-214s for each period are the evidence.
  • Use the VA's decision tree: The VA publishes one specifically for Rudisill and Perkins eligibility — it is the fastest way to see where you fall.
  • Say so if you're currently enrolled: Reviews are prioritised for people in school now or within the last six months.
  • Don't act on the old deadline: Guidance citing October 1, 2030 is out of date. There is no deadline.

Common questions

How many months of GI Bill can you get after Rudisill?

Up to 48 months of combined entitlement if you have two qualifying periods of service — one earning Montgomery GI Bill and one earning Post-9/11 — instead of the 36 the VA previously capped it at.

Do you need to apply for a Rudisill review?

No. The VA now reviews the files of everyone with possible eligibility automatically, and will issue a decision or tell you if it needs anything.

Is there still an October 2030 deadline for Rudisill claims?

No. The VA withdrew that deadline once reviews became automatic. Guidance still citing it is out of date.

Who does the 48-month rule apply to?

Veterans with two distinct qualifying periods of service. One continuous period does not create two entitlements, however long it was.

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