Chapter 35 Benefits
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VA Chapter 35 Benefits

In addition to the GI Bill, the VA provides education benefits for qualifying dependents and survivors of Veterans through Chapter 35 benefits. These benefits are in the form of the Fry Scholarship and Dependents Education Assistance. The two benefits are both for dependents, but there are differences. The Fry Scholarship applies specifically to the children or spouses of Active-Duty Service Members who died in the line of duty on or after Sept 11, 2001. It also applies to children or spouses of members of the Selected Reserve who died on or after Sept 11, 2001.

The Dependents Education Assistance, however, is available to dependents of a Veteran who died on active duty. It is also available to spouses of those who died as a result of service-connected conditions. In addition, it is available to qualified dependents of Veterans who are permanently and totally disabled.

A dependent may be eligible for both the Fry Scholarship and the DEA. If that is the case, the dependent must decide which benefit to utilize. After the beneficiary makes the decision, they cannot change to the other program. The only exception to this is for a child of a Service Member who died in the line of duty before August 1, 2011. They are eligible for both benefits and may receive up to 81 months of education and training.

We will examine each of these benefits in turn, beginning with the Fry Scholarship.

Fry Scholarship

Dependents may be eligible for the Fry Scholarship if they are the child or surviving spouse of a Service Member who died under the following conditions.

  • A member of the Armed Forces who died in the line of duty on or after September 11, 2001
  • A member of the Selected Reserve who died from a service-connected disability on or after September 11, 2001

Children of the Service Member

For children of a Service Member, it depends on when they turned 18. If the child turned 18 or graduated from High School before January 1, 2013, they can qualify for and use the Fry Scholarship until they turn 33. However, if they turned 18 or graduated from High School after January 1, 2013, they can qualify for and use the Fry Scholarship at any age. There is no age limit.

IF the child is a child of a member of the Selected Reserve who died from a service-connected disability while they were not on active duty, the child can qualify for and use the Fry Scholarship at any time. There is no age limit.

Note that Dependency and Indemnity Compensation (DIC) cannot be received at the same time. If the child is receiving DIC, they won’t be able to while using the Fry Scholarship.

Surviving Spouses

As the surviving spouse of a Service Member, a beneficiary is still eligible to receive DIC payments while using the Fry Scholarship. However, if they remarry, they will no longer be eligible to utilize the Fry Scholarship.

Benefits of the Fry Scholarship

If a survivor qualifies for the Fry Scholarship, they may be able to receive up to 36 months of benefits. These benefits include money for tuition (full tuition for in-state public schools and up to $22,805.34 for private or out-of-state schools). They may also be eligible to receive a housing stipend and money for books and supplies.

In order to apply, beneficiaries must choose a school. They can use the VA’s GI Bill Comparison Tool to compare different schools and are advised to contact their chosen school to verify that the program they want to take is approved for VA benefits. Once they know which school and program they wish to attend, they can apply online here.

Dependent’s Educational Assistance (DEA) Program

In order to qualify for DEA benefits, the Veteran and the dependent must meet certain criteria.

Veteran requirements:

  • Permanently and totally disabled (100% P&T VA rating), OR
  • Died while on active duty or as the result of a service-connected disability, OR
  • Is missing in action or was captured in line of duty, OR
  • Was forcibly detained or interned in line of duty by a foreign power, OR
  • Service Member who is in the hospital or getting outpatient treatment is will likely be discharged due to that disability

Child of Veteran / Service Member requirements:

  • Married or unmarried, between the ages of 18 and 26 (except in certain cases)

If a Veteran’s child is over 18 and utilizing DEA, they cannot receive DIC.

If a Veteran’s child joins the military, they cannot utilize DEA while on active duty. In order to use the benefit after service they must have a discharge that is not dishonorable. And, active duty service can extend a dependents eligibility but not usually past age 31.

Spouse of Veteran / Service Member

A surviving spouse is eligible to receive DIC payments and utilize DEA at the same time.

Chapter 35 benefits begin on the day that the VA determines a spouse qualifies for them, OR on the date of the Veteran’s death, and lasts for 10 years.

If the Veteran is determined to be 100% Permanent & Total 3 years or more after discharge, the spouse qualifies for benefits for 20 years after that date.

If the Service Member died on active duty, the surviving spouse has benefits which end 20 years from the date of death.

Benefits

Chapter 35 benefits pay for up to 36 months for education. The benefit comes as a monthly payment paid directly to the dependent to help cover the cost of education in the form of:

• College or graduate degree programs

• Career-training certificate course

• Educational and/or career counseling

• Apprenticeships

• On-the-job-training

In order to apply, beneficiaries must choose a school. The VA’s GI Bill Comparison Tool is useful for comparison of different schools and programs. Beneficiaries can use the tool to see if the program is approved for Chapter 35 benefits. Prospective students who have already decided on a school and program are advised to contact their chosen school to verify that the program they want to take is approved for VA benefits. Once they know which school and program they wish to attend, they can apply online here.

If a Veteran or dependent has any questions about Chapter 35 benefits, they can contact the VA through the online tool known as Ask VA by choosing the GI Bill Help Portal. Alternatively, they can call the GI Bill hotline at 888-442-4551.

As always, if you have any comments or questions please leave them in the comment section below or email us at info@nwavet.org.

God Bless,

NWAVet

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6 Comments

  1. The narrative of this article contradicts what VA education representatives are telling veterans. I was told by a VA rep that I do NOT need to be 100% disable to qualify for chapter 35.

    1. Selvin, I’m copying and pasting this directly from the VA Website about Chapter 35 benefits.
      ————————————————————————————————————-
      You may be eligible for VA education benefits (Chapter 35 benefits) if you’re the child or spouse of a Veteran and one of these descriptions listed is true of the Veteran.

      One of these must be true:

      The Veteran is permanently and totally disabled due to a service-connected disability, or
      The Veteran died while on active duty or as a result of a service-connected disability
      ————————————————————————————————————-

      That page is https://www.va.gov/education/survivor-dependent-benefits/

  2. Please help me understand this, as there seems to be conflicting qualifications stated above: “IF the child is a child of a member of the Selected Reserve who died from a service-connected disability while they were not on active duty, the child can qualify for and use the Fry Scholarship at any time. There is no age limit.” However, the previous paragraph says to qualify for a Fry scholarship, I would have had to turn 18 after January 1, 2013.

    My dad was a Vietnam veteran who died as result of exposure to agent orange April 11, 2002. I turned 18 in 1986, I am 55 now. I would like to return to school.
    Do I not qualify anywhere here??
    Thank you for please answering.

    1. Hello Nichelle,
      When it comes to some of the requirements for VA Benefits, it can be a puzzle. In this case, though, you do not have to worry about your age or the date. For you, the key is your dad. You said he died as a result of Agent Orange exposure. Was he a member of the Selected Reserve? If he was, then the following applies to you.

      “If your parent was a member of the Selected Reserve and died from a service-connected disability while not on active duty, you can get a Fry Scholarship at any time, no matter how old you are.”

      Our best advice is to seek assistance from the VA Educational section. Their phone number is 1-888-442-4551. They are the experts in all Education benefits from the VA and can answer all of your questions on the phone.

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