Fry Scholarship in Massachusetts: Education for Surviving Dependents

The Fry Scholarship (Chapter 35 Survivors' and Dependents' Educational Assistance) is established under 38 U.S.C. § 3501 and serves eligible family members of deceased service members or veterans. To qualify, the dependent must be a spouse or child of a service member who died on active duty in the line of duty (not from misconduct) or a veteran who died from a service-connected disability rated by VA. The service member or veteran must have completed at least two years of active duty service, with specific exceptions for deaths occurring before the two-year mark if the death was deemed service-connected.

Eligible dependents include unmarried spouses, children between ages 18-45, and dependent children regardless of age if enrolled full-time in an approved educational institution. Children must be biological or legally adopted children of the deceased service member. A surviving spouse loses eligibility upon remarriage. Dependents must be enrolled in a VA-approved program at an accredited college, university, vocational school, or approved proprietary school.

There are no income limits for Fry Scholarship eligibility, though benefits may be affected by other VA education benefits received. A child must begin using the benefit before age 45, though the spouse of a deceased service member may use it at any age. The veteran's discharge must be other than dishonorable. Service members who died after September 11, 2001 are automatically eligible if they served on active duty and the death was determined service-connected. Pre-9/11 survivors must meet the two-year service requirement or have the death rated as service-connected by VA.

For 2024, the maximum monthly Fry Scholarship benefit is $1,142 for full-time students (at least 12 credit hours per quarter or semester, or proportionally for non-traditional programs). Part-time students receive proportional benefits: three-quarter time receives $857 monthly, one-half time receives $571 monthly, and one-quarter time receives $286 monthly. The benefit rate for students in approved apprenticeships or on-the-job training is based on the applicable wage rate as a percentage of the federal minimum wage.

Benefits are adjusted annually by a Cost of Living Adjustment (COLA) determined by federal law, typically occurring in December of each year. The rates listed reflect 2024 amounts; rates increase each year unless Congress votes otherwise. Eligible dependents receive a monthly stipend that covers tuition, fees, and other approved costs at the institution of attendance. No books and supplies allowance is provided separately; the stipend is intended to cover all educational expenses. Rates are uniform regardless of state of residence, though some states may offer supplemental state-funded education benefits for survivors.

Massachusetts does not provide a state-specific supplemental Fry Scholarship or additional education benefits for survivors of deceased veterans beyond what the federal program offers. The Fry Scholarship is entirely a federal program administered by the Department of Veterans Affairs, and Massachusetts does not layer state funding onto this benefit.

However, Massachusetts offers other state-funded education benefits for veterans' dependents through separate programs. For example, the Massachusetts Higher Education Benefit Program (Chapter 102, Section 40B) provides educational benefits to children of service members killed in action or who died from service-connected disabilities, but this is a separate state program with its own application process and eligibility criteria. Some Massachusetts public colleges and universities offer tuition waivers or fee reductions for survivors' dependents, depending on institutional policy.

Massachusetts residents using the Fry Scholarship can also access federal student aid programs, including federal Pell Grants, Stafford Loans, and Work-Study, provided they meet federal income and academic eligibility requirements. VA-approved schools in Massachusetts may also offer institutional aid or scholarships specifically for Fry Scholarship recipients. The best approach for Massachusetts survivors is to complete the Fry Scholarship application first, then contact the financial aid office at the chosen institution to inquire about state and institutional assistance that can supplement the federal benefit.

Fry Scholarship claims are denied most often due to insufficient proof of the veteran's service-connected death or failure to establish eligible dependent status. If VA records do not clearly show the veteran's discharge (other than dishonorable) or do not rate the death as service-connected, the application will be denied pending additional evidence.

Missing or incorrect documentation is a leading cause of delays and denials. Common gaps include a missing or unclear death certificate, an incomplete or unsigned Form 22-5490, or insufficient proof of the dependent relationship (e.g., a child not listed on the DD-214 or lacking an adoption decree). For spouses, a marriage certificate is required; for children, both a birth certificate and proof of the veteran's paternity or legal adoption are essential. If the veteran was not rated by VA as having a service-connected disability before death, the denial may cite insufficient nexus evidence linking the death to military service.

Age and enrollment status issues also cause denials. Children who begin using the benefit after turning 45 are ineligible under 38 U.S.C. § 3502. Spouses must not have remarried; remarriage terminates eligibility retroactively. Dependents enrolled in unapproved schools or programs will be denied benefits. Some applicants are denied because they are pursuing education that does not qualify (e.g., elementary or secondary school, certain hobby classes, or non-accredited institutions).

To strengthen your initial claim, submit a comprehensive DD-214 or DD-215 amendment showing the veteran's discharge status, a certified death certificate indicating the cause of death, and any VA disability rating decision showing service-connection. If the death occurred on active duty, include a Certificate of Death or other official military documentation. Provide clear proof of dependent status with original or certified copies of birth certificates, marriage certificates, or adoption decrees. Work with your county Veterans Service Officer to ensure all forms are complete and all documentation is attached before submission.

If your Fry Scholarship application is denied, you have three appeal options under the VA's modernized appeals system established by the Veterans Appeals Improvement and Modernization Act (AVIA) of 2017. You must appeal within one year from the date of the denial letter (the date VA mailed the decision).

The first lane is the Supplemental Claim, which is best if you have new evidence that was not part of the original application (e.g., a newly obtained VA disability rating decision, a corrected birth certificate, or a newly discovered discharge record). You file this using VA Form 20-0995. There is no filing fee. Processing typically takes 4-6 months. This option is ideal if your denial was due to missing documentation that you can now provide.

The second lane is the Higher-Level Review (HLR), which is best if you believe VA made an error in interpreting the law or facts already in your file, but you have no new evidence to submit. You file using VA Form 20-0996, and a more senior VA reviewer will examine your case without a hearing. HLR decisions typically come within 4-5 months. No new evidence is considered under this option, making it ideal for legal or factual errors in the original decision.

The third lane is the Board of Veterans' Appeals (BVA), which offers the most thorough review and includes the option of a hearing. You file a Notice of Disagreement using VA Form 10182 within one year of the denial letter. BVA cases are decided by an appellate judge and typically take 6-12 months. You may request a videoconference hearing, in-person hearing at the Boston VA Regional Office, or a hearing by telephone. This option is best if your case is legally or factually complex.

All three appeal lanes are free. You are entitled to representation by a VA-accredited Veterans Service Officer, a Veterans Representative, or an attorney at no cost if you work with a VSO or non-profit organization. Do not pay anyone to represent you in a VA appeal; this is illegal under 38 U.S.C. § 5904. Contact your county VSO in Massachusetts or the VA's Office of the Inspector General to report any attorney or organization demanding a fee for VA representation.