Fry Scholarship in Wisconsin: Education for Surviving Dependents

The Fry Scholarship is available to surviving spouses and children of service members who died on active duty or from a service-connected disability on or after September 11, 2001. The deceased must have been on active duty status at the time of death, or the death must be service-connected and occur within a certain period after discharge.

Eligible surviving spouses may use the benefit anytime, without age restrictions. Eligible children must be between 18 and 33 years old at the time of application, though extensions are available in certain circumstances such as active duty service or approved school attendance. Children may apply at age 17 if they meet other requirements.

Service members who died in combat zones, during duty-related activities, or from service-connected conditions qualify. The deceased service member's discharge status must be honorable or general under honorable conditions. Dishonorable discharge or bad conduct discharge makes dependents ineligible.

The benefit provides up to 36 months of entitlement, which can be used at VA-approved educational institutions including four-year universities, community colleges, vocational schools, and online programs. Beneficiaries must maintain satisfactory academic progress as defined by their institution.

Surviving spouses lose eligibility if they remarry, though they may reestablish eligibility under specific conditions. Children retain eligibility regardless of parental remarriage. There are no income limits for Fry Scholarship eligibility.

Children born after the service member's death may qualify if the death occurred in service or within the specified service-connection window. Adopted children of the deceased service member also qualify if adoption occurred before the service member's death.

For 2024, Fry Scholarship payment amounts are tied to the Post-9/11 GI Bill rates:

Paid-in-Full Tuition and Fees: Up to the actual charges for in-state tuition and mandatory fees at the most expensive public institution in the state where the student is enrolled. For private or foreign schools, up to $28,207.48 per academic year (2024 rate).

Monthly Housing Allowance (MHA): Varies by school location and enrollment status. Full-time students at schools with on-campus housing receive approximately $2,000-$2,400 monthly. Students living off-campus or attending schools without on-campus housing receive approximately $1,200-$1,600 monthly. These amounts are indexed to specific ZIP codes and recalculate each semester.

Books and Supplies: Up to $1,000 per academic year for actual costs.

Yellow Ribbon Program: Veterans may attend private institutions, with the school and VA splitting additional costs above the tuition cap.

All rates are adjusted annually with the Cost of Living Adjustment (COLA), typically effective August 1st. Dependents receive the same benefit rates as Post-9/11 GI Bill eligible veterans. Rates differ for part-time attendance (prorated based on enrollment percentage). Surviving spouses receive slightly different calculations than children depending on their situation.

Wisconsin does not provide a state-funded education benefit that supplements the Fry Scholarship. The Fry Scholarship is an exclusively federal benefit administered by the U.S. Department of Veterans Affairs, and Wisconsin state law does not create an additional state-level education grant or tuition assistance program specifically for Fry Scholarship recipients.

However, Wisconsin does offer several state-level benefits that Fry Scholarship recipients may also qualify for depending on their circumstances. Wisconsin veterans and their families may be eligible for state-funded grants and scholarships through the Wisconsin Higher Education Grant (WHEG) program, though Fry Scholarship beneficiaries must apply separately and may have different eligibility requirements.

Additionally, Wisconsin law provides property tax exemptions and other state benefits to some veterans and survivors, though these are not education-specific. Survivors of service members who died in service may qualify for Wisconsin's state death benefits or education-related state assistance programs, though these are distinct from the Fry Scholarship.

Wisconsin's Department of Veterans Affairs (WDVA) and county veterans service offices do not administer the Fry Scholarship itself but provide free counseling to help beneficiaries maximize all available federal and state benefits. Staff can explain how the Fry Scholarship interacts with federal tax credits like the American Opportunity Credit, which may further reduce out-of-pocket education costs.

Fry Scholarship recipients attending Wisconsin schools should verify whether their institution participates in the Yellow Ribbon Program, which allows additional tuition assistance for private colleges through federal-state partnerships. Wisconsin public universities and many private colleges participate in this program.

Fry Scholarship claims are denied or delayed for several common reasons. Understanding these can help survivors strengthen their initial application and avoid rejection.

Incorrect Service Member Death Documentation: The most common issue is providing an unclear, unofficial, or incomplete death certificate. The VA requires an original or certified copy showing the service member's full legal name, date of death, and cause of death. Photocopies, informational copies, or documents from funeral homes are not accepted. Survivors should obtain certified copies directly from the state vital records office where death occurred.

Missing Proof of Relationship: The VA must verify the applicant's relationship to the deceased service member. Missing or unclear birth certificates, adoption papers, or marriage licenses cause delays. The document must show the service member's name as the parent or spouse. If the surname differs, an amended birth certificate or certified name change document is required.

Incorrect Eligibility Determination of Deceased's Death: Some survivors apply when the service member's death does not qualify—for example, deaths before September 11, 2001, deaths unrelated to service, or dishonorable discharges. The VA will deny the claim if the death does not meet the statutory requirement. Survivors should verify the service member's death occurred in service or from a service-connected disability after 9/11/2001 before applying.

Age Ineligibility for Children: Children over age 33 are ineligible and will be denied. Children must apply before turning 33. Extensions are available only for approved reasons (active duty service, institutional enrollment). Children applying at age 32 should submit applications immediately to avoid turning 33 before approval.

Remarks in Marital Status: Surviving spouses who have remarried after the service member's death lose eligibility. If a surviving spouse remarried, they must provide evidence of the remarriage date. Remarriage within a certain window after death may disqualify the application entirely.

Incomplete School Enrollment Information: The VA requires the applicant to be enrolled (or admitted and ready to enroll) in a VA-approved school. Applications submitted without a school designation are delayed. Survivors should provide the school name, VA approval number, program of study, and enrollment date.

Discharge Status Issues: If the deceased service member received a dishonorable discharge or bad conduct discharge, survivors are ineligible. Bad discharge characterizations must be corrected through a Discharge Review Board petition before the Fry Scholarship application can succeed.

Weak Supporting Nexus: While the Fry Scholarship does not require a medical nexus (unlike disability benefits), survivors applying for a death related to a service-connected condition must provide evidence linking the death to service. Medical records, autopsy reports, or VA ratings showing the condition are helpful.

If a Fry Scholarship application is denied, survivors have the right to appeal through three main appeal lanes available within the VA benefits system.

Supplemental Claim (Lane 1): This is the fastest appeal option and should be used when the applicant has new evidence not submitted with the original application. Examples include: a newly obtained certified death certificate, proof of relationship previously missing, or clarification of the service member's discharge status. Survivors can file a Supplemental Claim within one year of the denial decision using VA Form 20-0995 (Supplemental Claim for Benefits) available at va.gov/vaforms. The VA typically completes Supplemental Claims within 90 days. This lane is best when the denial was due to missing documentation that can now be provided.

Higher-Level Review (HLR, Lane 2): Use this lane when the applicant believes the VA made an error in interpreting existing evidence or applying the law, but no new evidence is available. The HLR asks a senior reviewer to re-examine the case without sending it to the Board of Veterans' Appeals. File VA Form 20-0996 (Request for Higher-Level Review) within one year of the original denial. Processing takes approximately 125 days. This lane works well for cases where documentation was correct but the VA misinterpreted eligibility.

Board of Veterans' Appeals (BVA, Lane 3): This is the final federal appeal before civil court. Survivors file VA Form 20-0998 (Notice of Disagreement) within one year of the original decision. The BVA is an independent body within the VA that reviews the entire case de novo (from the beginning). Processing takes 6-12 months or longer depending on the board's workload. The BVA is best used when previous appeals have failed or when the case involves complex legal or medical questions.

Deadlines and Timing: All three appeal lanes must be initiated within one year of the original VA decision letter. The one-year clock starts from the date of the decision letter. Survivors should keep this letter in a safe place.

Free Appeal Help: Survivors do not need to hire an attorney to appeal. The VA provides free help through Veterans Service Officers (VSOs) at county veterans service offices, the American Legion, Veterans of Foreign Wars (VFW), Disabled American Veterans (DAV), and other recognized organizations. These VSOs can represent survivors at no cost throughout the appeal process and will file paperwork, gather evidence, and argue the case before the BVA if necessary. Wisconsin's county veterans service offices and the WDVA provide free appeal representation.

Decision Letters and Next Steps: After each appeal decision, the VA issues a written decision letter explaining the outcome. If the appeal is denied at the BVA level, survivors may request a judicial review in federal court, though this rarely succeeds for education benefit cases.

Recommendation: If the original denial was due to missing documents (e.g., an uncertified death certificate), file a Supplemental Claim immediately with the correct documents. If the denial seems based on a legal error or misinterpretation, request a Higher-Level Review. Contact a county veterans service officer before filing any appeal to ensure the strongest case.