Veterans' Preference in Federal Hiring

Veterans' preference (5 U.S.C. §§ 2108, 3309–3330) is a federal hiring advantage that gives eligible veterans, disabled veterans, and certain military family members preference points, special hiring authorities, and protections when applying for federal government jobs. The system has roots going back to the Civil War and is based on a straightforward principle: people who served in the military and risked their lives for the country deserve an advantage in competing for federal employment. In practice, preference-eligible veterans receive 5 or 10 extra points added to their passing examination scores, disabled veterans receive additional protections against being passed over, and certain veterans can be hired through special appointing authorities that bypass normal competitive procedures entirely. Approximately 31% of the federal workforce are veterans — a rate roughly three times the veteran share of the general population — demonstrating the significant impact of these preferences.

Current Law (2026)

Legal Authority

• 5 U.S.C. § 2108 — Definitions (defines "veteran," "disabled veteran," "preference eligible," and "retired member" for purposes of veterans' preference)
• 5 U.S.C. § 2108a — Treatment of certain individuals as veterans (active-duty members approaching separation may be treated as veterans for hiring purposes)
• 5 U.S.C. § 3309 — Preference eligibles; examinations; additional points (adds 5 or 10 points to passing examination scores for preference-eligible veterans)
• 5 U.S.C. § 3312 — Preference eligibles; physical qualifications; waiver (agencies must waive age, height, and weight requirements for preference eligibles unless the requirement is essential to the job)
• 5 U.S.C. § 3313 — Competitive service; registers of eligibles (preference eligibles are placed on hiring registers ahead of non-preference eligibles with the same score)
• 5 U.S.C. § 3318 — Competitive service; selection from certificates (agencies must select from among the top candidates, with specific protections for disabled veterans who cannot be passed over without OPM approval)
• 5 U.S.C. § 3319 — Alternative ranking and selection procedures (category rating system places candidates in quality categories; within each category, preference eligibles are listed ahead of non-preference eligibles)
• 5 U.S.C. § 3320 — Excepted service; selection (in the excepted service, preference eligibles receive the same preferential consideration)

How It Works

Veterans' preference is not automatic for all veterans. 5-point preference requires active duty service during a war, campaign, or expedition for which a campaign badge or expeditionary medal was authorized — this covers most post-9/11 veterans and veterans of defined wartime periods. 10-point preference goes to disabled veterans (any compensable service-connected disability, including a 0% rating under the VA rating system for a presumptive condition), Purple Heart recipients, and the spouses, widows/widowers, and mothers of veterans who died in service, are permanently disabled, or are missing in action. When a federal agency uses an examination or scored assessment, preference-eligible veterans receive 5 or 10 points added to their passing score (5 U.S.C. § 3309) — a veteran scoring 85 with 5-point preference is treated as scoring 90, and a disabled veteran scoring 80 with 10-point preference is also treated as 90.

Most federal hiring now uses category rating (5 U.S.C. § 3319) rather than the traditional "rule of three": candidates are placed into quality categories (Best Qualified, Well Qualified, Qualified) and within each category, preference eligibles are listed ahead of non-preference eligibles — a disabled veteran with a 30%+ rating in any category must be placed at the top of the highest category. Beyond preference points, veterans have access to special hiring paths that bypass normal competitive procedures: the Veterans Recruitment Appointment (VRA) allows hiring of eligible veterans into GS-11-and-below positions without competition; the 30% or More Disabled Veteran authority allows noncompetitive appointment of veterans with significant service-connected disabilities; and the Veterans Employment Opportunities Act (VEOA) lets preference eligibles apply for positions announced under internal merit promotion procedures. In a reduction in force, preference-eligible veterans receive higher retention standing than non-veterans with similar seniority and performance — they are among the last to be laid off and first to be recalled. If an agency wants to hire a non-preference-eligible candidate over a preference eligible, it must get OPM approval; for disabled veterans, the agency must prove the veteran is not qualified for the position, not merely that another candidate is more qualified.

How It Affects You

If you're a veteran applying for federal jobs: Your first step is confirming your preference type — which determines how significantly you can compete. 5-point preference applies if you served on active duty during a qualifying period (most post-9/11 combat deployments qualify) or received a campaign badge/expeditionary medal — check the qualifying service periods at opm.gov/veterans. 10-point preference applies if you have any compensable service-connected disability (even a 0% rating), received a Purple Heart, or meet other criteria. On USAJOBS.gov applications, claim your preference in the eligibility questions and attach your DD-214 (Member 4 copy) and your VA disability rating letter if applicable — without these documents, your preference claim may be rejected. Most federal jobs are announced at usajobs.gov; filter by "Open to Veterans" or "Special Hiring Authorities" to find positions where your hiring advantages are most useful. Beyond preference points, as a veteran you have access to Veterans Employment Opportunities Act (VEOA) eligibility — this lets you apply to merit promotion announcements (normally internal/transfer-only), significantly expanding the pool of positions you can compete for. Find federal jobs that fit your military occupational specialty using the MyNextMove for Veterans tool at mynextstep.org/vets or the DoD SkillBridge program for transitioning active-duty members.

If you're a veteran with a service-connected disability rating of 30% or more: You have the strongest federal hiring advantage available — the 30% or More Disabled Veteran noncompetitive appointing authority (5 U.S.C. § 3312). This allows federal agencies to hire you without going through the normal competitive examination process at any grade level. The position must still be appropriate for your qualifications, but the agency can offer you the position directly without ranking you against other applicants. Contact the Human Resources office of agencies you're interested in and specifically ask about the "30% disabled veteran appointing authority." Also: if a federal agency does rank you through competitive hiring and then passes over you in favor of a non-preference-eligible candidate, the agency must request OPM approval — a protection that non-veterans don't have. File a complaint with OPM or the Merit Systems Protection Board (MSPB) if you believe you were improperly passed over. The VRA (Veterans Recruitment Appointment) is a separate authority allowing agencies to noncompetitively appoint eligible veterans to positions at GS-11 and below — useful even without a disability rating.

If you're a military spouse seeking federal employment: You have specific non-competitive hiring authorities that many military spouses don't know about. The Military Spouse Appointing Authority (Executive Order 13473, codified at 5 CFR 315.612) allows agencies to noncompetitively appoint spouses of: (1) active-duty military members serving at any overseas or domestic location, (2) service members who have a 100% service-connected disability, and (3) service members who died in the line of duty. On USAJOBS, filter by "Military Spouse" in the Who May Apply category — many agencies specifically recruit through this authority. If your spouse is PCS-ing (permanent change of station), the military spouse authority lets you apply for federal jobs at the gaining installation without competing through the normal process. A common mistake: the authority requires that your spouse still be on active duty (or that you meet the disability/death criteria); it does not apply to spouses of veterans who have separated from service. For job search support, contact the Military Spouse Employment Partnership at msepjobs.militaryonesource.mil — it's a DoD program connecting military spouses with employer partners.

If you're a federal hiring manager navigating veterans' preference during a large hiring action: Under category rating (the most common method), you place candidates in quality bands (Best Qualified, Well Qualified, Qualified) and within each band, list preference eligibles before non-preference eligibles. You may select any candidate from the top-quality band — but if you want to select a non-preference-eligible over a preference-eligible in the same band, you need documented justification. For disabled veterans with 30%+ ratings, they must be placed at the top of the highest quality band, and passing them over requires OPM approval — there is no exception for "better qualified" non-veterans at that level. Document your preference adjudication in the recruitment file. If your agency is conducting a reduction in force (RIF), veterans' retention standing creates a rigid ordering: tenure group, veterans' preference, performance, then length of service — work with your HR office to map this correctly. Failure to apply RIF preference correctly can result in MSPB appeals.

State Variations

Veterans' preference in federal hiring is exclusively federal, but:

• All 50 states have their own veterans' preference laws for state and local government employment, with varying degrees of preference
• Some states mandate absolute preference (veteran must be hired if qualified); others add points similar to the federal system
• State veterans' preference laws may apply to private employers receiving state contracts
• State licensing boards may give veterans credit for military training and experience
• Local governments often have separate veterans' preference ordinances

Implementing Regulations

• 5 CFR Part 211 — Veterans Preference in Federal Employment. Key provisions:

  • § 211.101 — Purpose: defines veterans' preference and the administration of preference under 5 U.S.C. §§ 2108 and 2108a; Part 211 governs the application of preference in competitive appointments — who qualifies, how preference is applied on certificates of eligibles, and what agencies must do when passing over a preference-eligible veteran
  • § 211.102 — Definitions of key eligibility terms: a "veteran" is a person discharged or released from active duty in the armed forces under honorable conditions whose service included at least one of: a declared war, a campaign or expedition for which a campaign badge has been authorized, service from April 28, 1952 to July 1, 1955, more than 180 consecutive days of service after January 31, 1955 and before October 15, 1976, service in the Gulf War era (August 2, 1990 to January 2, 1992), or service in any war, campaign, or expedition after May 7, 1975; a disabled veteran is one receiving disability compensation from VA or who was discharged for a service-connected disability
  • § 211.103 — Administration of preference: agencies are responsible for making all preference determinations except for preference based on a common-law marriage — those must be referred to OPM's General Counsel for decision; this ensures that disputed eligibility questions (e.g., whether a surviving spouse qualifies as a preference-eligible derived from a deceased veteran's service) receive consistent legal interpretation

  The definitions in Part 211 interact directly with the 5-point vs. 10-point preference structure in 5 U.S.C. § 2108: veterans who served in the qualifying periods earn 5-point preference; veterans with at least 10% service-connected disability (or who received a Purple Heart) earn 10-point preference and are placed above all 5-point preference eligibles on examination certificates. The 10% disability threshold for 10-point preference eligibility is a VA rating determination — agencies rely on the VA disability letter the applicant provides.

• 5 CFR Part 302 — Employment in the excepted service (application of veterans' preference in excepted service positions — pass/fail examining, preference order on certificates)

• 5 CFR Part 330 — Recruitment, selection, and placement (veterans' preference in competitive service — career transition, interagency placement, special selection priority)

• 5 CFR Part 1208 — MSPB practices and procedures for appeals under VEOA (Veterans Employment Opportunities Act — jurisdiction, content of appeals, hearing procedures)

• 4 CFR 2.6 — GAO veterans' preference (application of veterans' preference to Government Accountability Office positions)

Pending Legislation

No standalone veterans' preference reform bills have been introduced in the 119th Congress. Related veterans employment provisions appear in broader veterans affairs legislation — see Veterans Benefits & the VA and Federal Employment.

Recent Developments

OPM has modernized veterans' preference implementation through USAJOBS.gov, making it easier for veterans to claim preference and for agencies to verify eligibility. The expansion of special appointing authorities and category rating has given agencies more flexibility in how they apply preference while maintaining its substance. Post-9/11 veterans now represent the largest cohort of preference-eligible federal employees. Debates continue about the appropriate scope of preference — some argue it should be time-limited (currently, preference is lifetime) while others argue it reflects a permanent obligation. The intersection of veterans' preference with diversity and inclusion goals in federal hiring has been a recurring policy tension.

• DOGE federal workforce reductions and veterans' preference in RIF: DOGE-driven federal workforce reductions in 2025 triggered large-scale Reductions in Force across multiple agencies. Veterans' preference applies in RIF procedures — preference-eligible employees with the same tenure group are placed in higher RIF subgroups and can "bump" or "retreat" into other positions before non-preference employees. The scale of 2025 RIFs tested veterans' preference RIF rules in ways not seen since the 1990s drawdown; OPM issued updated guidance on RIF competitive areas and veterans' preference application when entire positions are abolished (vs. selective layoffs). Veterans' service organizations filed multiple agency challenges arguing that agencies circumvented veterans' preference by structuring RIFs as position abolishments rather than competitive area reductions.
• Trump DEI rollback and veterans' preference expansion: Executive Order 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity, January 2025) eliminated most DEI-based federal hiring preferences and categorical set-asides. In the same period, the administration signaled support for expanding veterans' preference as the "legitimate" merit-based alternative to demographic preferences. OPM proposed expanding Schedule A authority for veterans with service-connected disabilities and broadening non-competitive appointment authority for 30%+ disabled veterans — changes that would allow agencies to hire these veterans without competitive examination procedures.
• Veterans' preference and USAJOBS friction: A 2024 GAO study found that veterans' preference claims on USAJOBS are incorrectly verified in approximately 12% of applications — including both false claims and valid claims rejected due to documentation errors. OPM has implemented e-verification for DD-214 discharge documents through a VA database integration, reducing documentation errors. However, the study found that agencies inconsistently apply veterans' preference among applicants who pass minimum qualifications — particularly in specialized technical positions where hiring managers prefer specific skills over point additions.
• PACT Act veterans and federal hiring pipeline: The PACT Act's expansion of VA disability eligibility increased the number of veterans with service-connected disability ratings — which in turn increases the pool of veterans eligible for 10-point preference and Schedule A noncompetitive appointments. OPM estimates that 30-40% of PACT Act newly rated veterans meet the criteria for 10-point preference for the first time. VSOs have developed targeted outreach to newly rated veterans about federal employment opportunities where their preference status provides significant competitive advantage.