Rudisill v. McDonough


Question(s) Presented

“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.”

Proceedings and Orders
March 28, 2023
Motion to extend the time to file a response is granted and the time is extended to and including May 15, 2023.
May 30, 2023
DISTRIBUTED for Conference of 6/15/2023.
June 20, 2023
DISTRIBUTED for Conference of 6/22/2023.
June 26, 2023
Petition GRANTED.
September 6, 2023
SET FOR ARGUMENT on Wednesday, November 8, 2023.
September 7, 2023
Record requested from the United States Court of Appeals for the Federal Circuit.
September 14, 2023
Record from the United States Court of Appeals for Veterans Claims received electronically and available with the Clerk.
September 15, 2023
Record received from the United States Court of Appeals for the Federal Circuit. The record is electronic and available on PACER.
September 18, 2023
April 16, 2024
Judgment REVERSED and case REMANDED. Jackson, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Kavanaugh, J., filed a concurring opinion, in which Barrett, J., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
May 20, 2024