Will the Supreme Court’s GI Bill ruling mean more money for vets?
Tuesday’s Supreme Court ruling on veterans education benefits could provide an extra year of federal tuition payments to millions of student veterans, but when officials might start doling out the payouts — if at all — remains unclear.

In the 7-2 ruling, justices said that veterans can use both the Post-9/11 GI Bill benefits and Montgomery GI Bill benefits to pay for college classes if they meet eligibility for both programs.

Veterans Affairs officials had required veterans attending school to choose one and forfeit the other. But in the opinion for the majority of the court, Justice Ketanji Brown Jackson stated that “if service members serve for long enough, they may be entitled to both.”

As a result, advocates say, significant changes in how veterans education benefits are paid out could happen in the next few months.

“That ruling is pretty clear — you can use both,” said retired Lt. Col. Elizabeth Kubala, executive director of Syracuse University’s Veterans Legal Clinic. “When there is a significant ruling like this, then a federal agency needs to take steps to implement it. So it will be interesting to see what VA does next.”

In a statement, Veterans Affairs officials said they are still reviewing the decision. Lawyers involved in the case have said as many as 1.7 million veterans could immediately qualify for more education benefits under the ruling, but acknowledge that it could be a while before anyone sees that money.

“I fear that VA will try to take a very narrow view in interpreting this,” said Timothy McHugh, an attorney with the law firm Troutman Pepper, which handled the case. “And if they do take that position, that will be the next legal fight.”

How much could student vets get?
Most veterans attending college today with federal financial support use the Post-9/11 GI Bill program, a generous benefit passed in 2008 that awards eligible veterans 36 months of tuition payouts, housing stipends and other financial assistance.

To be eligible for the full Post-9/11 benefits, troops need to have served at least three years on active duty since 2001. Eligibility to transfer the benefit to a spouse or child requires additional years of service.

Over the course of a four-year degree program, the total value of the Post-9/11 GI Bill package can exceed $200,000, depending on an individual’s school and housing situation.

The Montgomery GI Bill program isn’t quite as generous. Eligible veterans can receive up to $2,358 for tuition costs a month, or about $113,000 over the course of a four-year degree. There is no housing stipend or other financial help.

To be eligible for that benefit, veterans needed to serve at least three years on active duty and pay into the Montgomery GI Bill program, at a cost of $100 a month for their first year in the ranks.

Until now, VA officials have made veterans choose one of the two programs, saying that federal rules prohibit individuals from drawing upon both.

But Tuesday’s reversal of that stance by the Supreme Court centered on Jim Rudisill, a 43-year-old Army veteran who tried to use both and sued when VA officials blocked that move.

In his case, Rudisill served eight years on active duty over several different non-consecutive enlistments. He used parts of both benefits, but after hitting the 36-month limit, was told that he could not access any additional education stipends.

Federal rules limit any individual from receiving two education benefits at the same time, or receiving more than 48 months of education benefits. But even with that cap, Rudisill argued that he was entitled to 12 more months of payouts.

For veterans who have exhausted their Post-9/11 GI Bill benefits, the ruling could mean an additional 12 months of Montgomery GI Bill payouts to finish a degree program or start a new one, provided they served at least six years on active duty (three years each to qualify separately for the two programs).

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