In Rudisill v. McDonough (2024), the Supreme Court held that veterans who separately earned entitlement under both the Montgomery GI Bill (Chapter 30) and the Post-9/11 GI Bill (Chapter 33) — because they had two or more distinct periods of qualifying service — are entitled to use both benefits, up to the overall 48-month aggregate cap set by 38 U.S.C. § 3695. Before this decision, VA had been requiring many veterans to "swap" their Chapter 30 entitlement into Chapter 33, which often left them with fewer total months than they had actually earned. Rudisill removed that forced election for veterans with separate periods of qualifying service.
If your VA.gov benefits portal now shows remaining entitlement under both Chapter 30 and Chapter 33, this is very likely the direct result of VA implementing the Rudisill ruling. VA has been going back through records to identify veterans affected by this issue and restoring entitlement where appropriate, without requiring a new application in most cases. However, the total combined usage between both chapters still cannot exceed 48 months, so if you already used significant benefits under one chapter, your remaining balance under the other will be capped accordingly.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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Analyze my claim free →This change does not require you to file a new claim or an appeal — it is an administrative correction to entitlement calculations, not a disability compensation issue, so forms like 20-0995 or 20-0996 do not apply here. That said, GI Bill entitlement determinations can be complex, especially if you have multiple periods of service, prior discharges, or previously exhausted one benefit before this correction was made. Processing timelines and how quickly the extra months show up in the portal can vary considerably by case, and VA has not published a fixed schedule for when every affected record will be updated.
The concrete next step is to verify the entitlement figures shown in your VA.gov education benefits portal against your DD-214s and service history, and if anything looks incorrect or incomplete, contact the VA Education Call Center or submit an inquiry through Ask VA to have your Rudisill-related entitlement recalculated.
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