Understanding the Perkins Decision: What Veterans Should Know About GI Bill Eligibility
Veterans now have expanded access to combined education benefits under a recent court ruling. In Perkins v. Collins (May 15, 2025), the Court of Appeals for Veterans Claims held that veterans who qualify for both the Montgomery GI Bill (MGIB) and the Post‑9/11 GI Bill (PGIB) through a single period of service may use both programs, up to the statutory 48‑month cap on combined benefits.
This includes veterans who did not have a break in service.
What the Court Decided
The Court found that a veteran whose single period of service is long enough to qualify independently for both MGIB and Post‑9/11 GI Bill benefits is entitled to access both programs, as long as no period of service is counted twice to establish eligibility.
This ruling confirms that veterans in this category may receive up to 48 total months of combined education benefits.
How This Differs from Rudisill
This decision differs from the Supreme Court’s 2024 ruling in Rudisill v. McDonough, which addressed cases involving separate periods of service.
In Rudisill, the Court held that when a service member earns MGIB and Post‑9/11 eligibility from different service periods, they may choose either one, in any order, but remain subject to the 48‑month combined cap under 38 U.S.C. § 3695(a).
In Perkins, the eligibility comes from a single continuous period of service, which changes how benefits may be applied.
What This Means for Veterans
Veterans who qualified for both programs from a single service period may now have access to:
- Up to 48 months of combined MGIB and Post‑9/11 GI Bill benefits
- Eligibility even if they did not have a break in service
- Potential access to additional benefits if they previously waived MGIB to use Post‑9/11 benefits
What to Expect from VA
According to the Department of Veterans Affairs, veterans do not need to take immediate action.
VA’s guidance states:
- Veterans who previously applied for education benefits will automatically have their files reviewed.
- Veterans who waived all or part of their MGIB to use Post‑9/11 benefits may be eligible for additional months.
- VA will contact veterans if further information or action is required.
VA’s full guidance on Rudisill and Perkins is available on their dedicated webpage.
SVA’s Involvement
Student Veterans of America (SVA) has closely followed the legal developments in these cases because of their direct impact on current and future student veterans.
In August 2023, SVA submitted an Amicus Brief in support of the veteran in Rudisill v. McDonough before the Supreme Court of the United States. The Amicus Brief can be accessed here.
SVA will continue tracking VA implementation to ensure student veterans understand how these rulings affect their education benefits.