“Whether a veteran who has served two separate and distinct periods of qualifying service under the Montgomery GI Bill, 38 U.S.C. § 3001 et seq., and under the Post-9/11 GI Bill, 38 U.S.C. § 3301 et seq., is entitled to receive a total of 48 months of education benefits as between both programs, without first exhausting the Montgomery benefit in order to obtain the more generous Post-9/11 benefit.”
“Veterans who separately accrue benefits under both the Montgomery and Post-9/11 GI Bills are entitled to both benefits. Neither § 3322(d) nor § 3327 restrict veterans with two separate entitlements who simply seek to use either one. Thus, Rudisill may use his benefits, in any order, up to § 3695’s 48-month aggregate benefits cap.”
