Fry Scholarship vs Chapter 35: Which Survivor Benefit Wins
If you are reading this, someone in your family served and is gone. Or they came home with a service-connected condition that took everything from them. I am sorry. I am not going to spend the next paragraph telling you that. You came here for a decision, and you need the right one.
The decision is Fry Scholarship versus Chapter 35 (also called DEA). Both are VA education benefits for survivors. Both pay for school. But they are not the same, and you usually have to pick one. Pick wrong and you can lose tens of thousands of dollars over a four-year degree.
I have been married into the military community for 18 years. I have sat with spouses and surviving family members who did not know these two programs existed. Or they knew one but not the other. Or a VA rep told them to apply for Chapter 35. They did. Later they found out Fry would have paid three times more. That happens. I want to keep it from happening to you.
This guide walks through both programs side by side. Real 2026 numbers. Real eligibility rules. The election trap most families fall into. And what to do today.
Fry Scholarship vs Chapter 35: The Quick Answer
If you are eligible for both, Fry almost always pays more. A lot more. The reason fits in one paragraph.
Fry pays like the Post-9/11 GI Bill. It covers full tuition at any public in-state school. It pays up to $29,920.95 for the 2025-26 school year at a private school ($30,908.34 starting August 2026). It pays a monthly housing allowance based on the BAH for an E-5 with dependents. It throws in $1,000 a year for books.
Chapter 35 pays a flat monthly stipend. For 2025-26, that is $1,574 a month for full-time school. It does not pay tuition directly. It does not pay BAH. You use the same $1,574 to cover tuition, rent, books, and ramen.
The rule of thumb. Did your service member die in the line of duty after Sept 10, 2001? You are likely eligible for Fry. Take Fry.
Was your veteran NOT killed in the line of duty? Are they 100 percent permanent and total from a service-connected condition? Or did they die from a service-connected condition later? You are likely eligible for Chapter 35 only. Take Chapter 35.
If you are eligible for both, almost always pick Fry. Read on for the exceptions and the trap.
Key Takeaway
Fry Scholarship pays Post-9/11 GI Bill rates. Chapter 35 pays a flat monthly check. If you qualify for both, Fry usually wins by a wide margin. Choose carefully because spouses cannot switch later.
Who Qualifies for the Fry Scholarship?
Fry covers a narrow group. The service member had to die in the line of duty on or after September 11, 2001. As a temporary expansion under the Elizabeth Dole Act (effective for terms starting August 1, 2025 through September 30, 2027), survivors may also qualify if the service member died from a service-connected condition within 120 days of leaving service. This expanded path is not permanent. Confirm your window with a VSO if this applies to you.
Reservists count too. A Selected Reserve member who died in the line of duty makes their survivors Fry-eligible. Even on a non-active-duty day. A reservist who died from a service-connected condition also qualifies their family under the same temporary expansion (terms starting August 1, 2025 through September 30, 2027).
Two groups can use Fry:
- Surviving spouses. Remarriage does not end your Fry eligibility. That is different from most other VA survivor benefits. Do not assume Fry works the way DIC or Chapter 35 used to work.
- Surviving children. Biological or adopted. They must be at least 18 or have a high school diploma or GED.
Time Limits and Age Cutoffs for Fry
This part is where families get tripped up. The rules changed based on when your service member died.
Surviving spouse (any death date): As of January 2, 2025, there is no time limit to use your Fry benefits. The Elizabeth Dole Act (Public Law 118-210) removed the old 15-year window for all surviving spouses. If your benefit expired before that date, the VA may restore it. Confirm with a VSO or on the VA Dole Act page.
Surviving child, parent died before Jan 1, 2013: You can use Fry until age 33. The clock starts at age 18.
Surviving child, parent died on or after Jan 1, 2013: No age cap. No time limit.
Surviving child, parent was in the Selected Reserve: No time limit at all.
If your dates fall on the wrong side of one of these cutoffs, it matters. Pull the death date and check against the rule. Confirm the latest version on the VA Fry Scholarship page before you act.
Who Qualifies for Chapter 35 (DEA)?
Chapter 35 is broader. It covers more situations than Fry. That is the point of the program. It catches survivors who do not qualify for Fry but still lost a parent or spouse to service.
The veteran or service member must fit one of these:
- Died from a service-connected condition.
- Died in the line of duty (also Fry-eligible, see the election trap below).
- Is rated 100 percent permanent and total from a service-connected condition.
- Was MIA, captured, or forcibly detained by a foreign entity for more than 90 days.
- Is hospitalized for a service-connected permanent and total disability with discharge expected for that condition.
The big difference from Fry: Chapter 35 covers families of LIVING veterans who are 100 percent P&T. Fry does not. If your veteran is alive and rated 100 P&T, Chapter 35 is your only path.
Time Limits for Chapter 35
The 2023 reform reset a lot of these rules. Watch the date.
Spouse, qualifying event before Aug 1, 2023: 10 years from the VA-determined eligibility date. 20 years if the service member died on active duty.
Spouse, qualifying event on or after Aug 1, 2023: No time limit.
Child, eligibility started before Aug 1, 2023: 8 years to use, generally between ages 18 and 26. Some extensions apply.
Child, eligibility started on or after Aug 1, 2023: No age cap. No time limit.
For the source of truth on dates and extensions, see the VA Chapter 35 DEA page.
Fry vs Chapter 35 Side by Side: The Money
This is where the picture gets clear. Same student, same school, same semester. The two programs pay very different amounts.
| What it pays | Fry Scholarship | Chapter 35 (DEA) |
|---|---|---|
| Tuition at a public in-state school | 100 percent covered | Not covered directly (flat stipend only) |
| Tuition at a private school | Up to $30,908.34 per year (2026-27) | Not covered directly (flat stipend only) |
| Monthly housing allowance | BAH at E-5 with dependents rate, based on school ZIP | None (included in the flat stipend) |
| Books and supplies stipend | Up to $1,000 per year | None (included in the flat stipend) |
| Full-time flat monthly stipend | None (rates are tuition + MHA + books) | $1,574 per month (2025-26) |
| Entitlement | 36 months | 36 months (45 months for training started before Aug 1, 2018) |
| Time limit | No time limit for surviving spouses (as of Jan 2, 2025); no time limit for children if death on or after Jan 1, 2013 | No time limit if eligibility on or after Aug 1, 2023 |
Run the math on a real case. A surviving spouse goes full-time to a public state university. In-state tuition is $12,000 a year. BAH for the school ZIP is $1,800 a month.
On Fry: Tuition paid. BAH paid at about $1,800 a month for 9 school months. Books paid. Total: roughly $28,000 in benefits for the academic year. Out of pocket for tuition: zero.
On Chapter 35: $1,574 a month times 9 months equals about $14,166 for the year. You still owe the $12,000 in tuition. You pay it from the stipend. That leaves about $2,166 for rent, books, food, and gas for the whole year. It is not enough.
Both programs come from Title 38 of the U.S. Code. Same body of law as the GI Bill. They just pay differently. Each one was created at a different time for a different purpose.
Public state school, full-time, 9-month academic year. $1,574 per month for 9 months. Total: about $14,166. Tuition of $12,000 still owed. Roughly $2,166 left for rent, food, books for the whole year.
Same school, same year. Tuition fully paid by VA. About $1,800 per month BAH for 9 months. $1,000 books. Total benefit: roughly $28,000. Out of pocket for tuition: $0.
The Election Trap: Why Spouses Need to Read This Twice
This is the part most families miss. The VA does not warn you well about it.
If you are eligible for both Fry and Chapter 35, you must pick one. You cannot use both at the same time. That much is clear on the VA site.
But the catch for spouses is brutal: once you elect, you cannot switch. Your election is permanent. If you sign up for Chapter 35 first because someone told you to, you are locked in. Even if you learn later that you were Fry-eligible the whole time. The benefit is set.
Children get a slightly better deal. Eligible kids may use one program at a time. They also have a combined cap. The rules depend on when the parent died:
- Parent died before Aug 1, 2011: Combined cap of 81 months across both programs.
- Parent died on or after Aug 1, 2011: Combined cap of 48 months. Only if the child qualifies under a different DEA event.
For spouses, the rule is simple and harsh. Pick once. Pick right. Fry, almost every time, unless you have a specific reason not to.
Spouse Election Is Permanent
A surviving spouse who qualifies for both keeps whichever program they elect. No switching later. Talk to a VSO BEFORE you submit VA Form 22-5490. American Legion, VFW, DAV, or your state VA office all work.
When Chapter 35 Actually Makes Sense
Fry is the better deal for most families. But not all. Here are the cases where Chapter 35 is the right pick.
You are not eligible for Fry at all. The line-of-duty rule is strict. If the veteran died from a service-connected condition years after leaving service, that is not a line-of-duty death. The family qualifies for Chapter 35 only.
The veteran is alive and 100 percent P&T. Fry requires a death. If your veteran is rated 100 percent permanent and total but living, Chapter 35 is the path. So is healthcare under CHAMPVA for the family.
You want correspondence courses, OJT, or apprenticeships. Chapter 35 covers a wider range of training types. Fry can also cover these. But Chapter 35 has been the survivor path for these programs since the 1950s. It is well established.
You want to keep Fry on the shelf. No time limit applies for deaths on or after Jan 1, 2013. A spouse can sit on the benefit. Some families want one parent to use Chapter 35 now and let an eligible child use Fry later. The rules here are complex. Run it past a VSO before you commit.
What Each Program Pays For
Both programs cover most kinds of training. Tuition and fees, monthly support, exam costs. Where they differ is in the edges.
- •Undergraduate and graduate degrees
- •Tuition and required fees
- •Monthly housing (BAH-based)
- •Books and supplies stipend
- •Tutoring assistance
- •Licensing and certification tests
- •Work study
- •Rural relocation reimbursement
- •Undergraduate and graduate degrees
- •Career and technical training
- •Apprenticeships and on-the-job training
- •Correspondence courses (spouses only)
- •Licensing and certification tests
- •Tutoring assistance
- •Work study
- •Special restorative training
If a survivor is looking at trade school programs, both programs work. For a four-year degree at a public university with housing, Fry wins by a wide margin.
How Do You Apply for Fry or Chapter 35?
The application form is the same for both. It is VA Form 22-5490, the Dependents' Application for VA Education Benefits. Submit it online on VA.gov. Or mail it to the regional processing office. Or bring it in person to a VA office.
Confirm which program you qualify for
Pull the death date or P&T date. Read the rules above. Talk to a VSO at the American Legion, VFW, DAV, or your state VA office. This is free.
Pick your school and confirm it accepts VA benefits
Most accredited schools do. Look up the program on the VA's Comparison Tool. Check tuition cost vs. what Fry or Chapter 35 will pay.
File VA Form 22-5490
On the form you elect the program. For spouses this election is permanent. For children, the election can sometimes be revised, but assume it cannot.
Wait for your Certificate of Eligibility (COE)
VA processing usually takes 30 days. The COE tells you what you qualify for and how many months of entitlement you have.
Give the COE to your school'\''s VA certifying official
Every school has one. They tell the VA you are enrolled. The VA then pays the school (Fry) or you directly (Chapter 35) each month.
Other Survivor Benefits the Family Should Know About
Education benefits are not the only thing you may qualify for. Surviving families have several other programs, and most do not stack against each other.
Dependency and Indemnity Compensation (DIC). A monthly tax-free payment to surviving spouses, children, or parents. Paid if a service member or veteran died from a service-related condition. You can usually receive DIC and use Fry or Chapter 35 at the same time.
CHAMPVA. Health insurance for the spouse and dependent children of a qualifying veteran. The veteran must be rated 100 percent P&T or have died from a service-connected condition. Separate from VA care for the veteran.
Survivors Pension. A needs-based monthly payment for low-income survivors of wartime veterans. Different from DIC. Income limits apply.
The full set of survivor benefits is on VA.gov'\''s family and caregiver page. Did your veteran die from a service-connected condition? Are you not yet getting DIC? Apply now. Do not wait.
Pitfalls to Avoid
I have watched a few patterns burn families. Most are preventable if you slow down before you sign.
1. Filing for Chapter 35 because the VA rep mentioned it first. Some reps default to Chapter 35. It has been around longer. It is more familiar to them. Always ask: "Am I also eligible for Fry?" Get a yes or no in writing.
2. A child turning 18 and assuming the benefit auto-enrolls. It does not. The child still has to file VA Form 22-5490 in their own name. No filing means no payments.
3. Thinking your Fry window has closed. The Elizabeth Dole Act removed the old 15-year deadline for surviving spouses as of January 2, 2025. If your benefit had expired, the VA may restore it. File VA Form 22-5490 or call a VSO to confirm your eligibility is back.
4. Forgetting to check remarriage rules. Fry does not end on remarriage. Chapter 35 used to end on remarriage. It has exceptions for remarriages after age 57 and after Jan 1, 2004. If you remarried, do not assume you lost the benefit. Check.
5. Picking the wrong school. Fry pays Post-9/11 GI Bill rates. A public in-state school costs you nothing. A private school may cost more than the current annual cap ($29,920.95 for 2025-26; $30,908.34 starting August 2026). Run the numbers before you accept the offer.
One More Thing for Military Spouses
Surviving spouses are often under-credentialed for what they can actually do. PCS moves break careers. Twenty years of moving every two years adds up. The resume gap is real. Most spouses do not get the help they need to close it.
BMR is free for military spouses and surviving spouses. Always. The full builder. Federal resume formatting. Tailored resumes for specific jobs. Cover letters. LinkedIn optimization. My wife of 18 years saw too many spouses struggle to get back into the workforce. That is why we built BMR. If you are heading back to school on Fry or Chapter 35, build your resume in parallel. By the time you graduate, you will have a tailored application ready for every job you want. Start at the BMR military resume builder.
Looking at related programs? The MyCAA scholarship can stack with education benefits in some cases. Dependent tuition assistance programs are also worth a look. So is VR&E versus the GI Bill if the veteran is alive and rated.
What to Do This Week
Three steps. Do them in order.
- Pull the dates. Veteran'\''s date of death (or P&T effective date). The dates above tell you which time-limit rules apply to you.
- Talk to a VSO. Free service. American Legion, VFW, DAV, your state VA office. Tell them you are deciding between Fry and Chapter 35 and need help confirming eligibility. Bring the death certificate or VA P&T letter.
- File VA Form 22-5490 once you are sure. Sit on the form for a week. Read it twice. Confirm your election with a second VSO if you can. Then file.
I am not a VA rep. I am a veteran and a spouse of 18 years. I built a free resume platform for the military community. These programs are too expensive to get wrong. Take your time. Get the right answer. File once.
Frequently Asked Questions
QCan a surviving spouse switch from Chapter 35 to Fry Scholarship later?
QHow much does the Fry Scholarship pay in 2026?
QHow much does Chapter 35 DEA pay in 2026?
QDoes remarriage end Fry Scholarship eligibility for a surviving spouse?
QWhat is the time limit on Fry Scholarship for a surviving spouse?
QCan I receive both DIC and the Fry Scholarship at the same time?
QWhat form do I file to apply for Fry or Chapter 35?
QWhat if the veteran is alive but rated 100 percent permanent and total?
About the Author
Brad Tachi is the CEO and founder of Best Military Resume and a 2025 Military Friendly Vetrepreneur of the Year award recipient for overseas excellence. A former U.S. Navy Diver with over 20 years of combined military, private sector, and federal government experience, Brad brings unparalleled expertise to help veterans and military service members successfully transition to rewarding civilian careers. Having personally navigated the military-to-civilian transition, Brad deeply understands the challenges veterans face and specializes in translating military experience into compelling resumes that capture the attention of civilian employers. Through Best Military Resume, Brad has helped thousands of service members land their dream jobs by providing expert resume writing, career coaching, and job search strategies tailored specifically for the veteran community.
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