If you are a veteran applying for a federal job, you have special rights. Congress strengthened these rights under the Veterans Employment Opportunities Act (VEOA) so that veterans would receive meaningful preference in federal hiring and advancement.

But many federal agencies ignore, overlook, or violate these rules. They fail to apply preference points. They close announcements improperly. They block veterans from competing. They misclassify service. They bypass qualified veterans to select non-veterans.

When this happens, you have the right to challenge the agency through a formal VEOA complaint and, if necessary, an appeal before the Merit Systems Protection Board (MSPB).

This guide to the VEOA is written by National Security Law Firm’s former federal insiders, JAG officers, agency counsel, adjudicators, and experienced VEOA lawyers who understand exactly how federal hiring works behind the scenes.

If you believe your veterans preference rights were violated, this guide is for you.

What Is the VEOA

The Veterans Employment Opportunities Act of 1998 gives eligible veterans the right to:

  • Compete for federal jobs

  • Receive veterans preference in hiring

  • Challenge violations of veterans preference

  • Seek corrective action through the Department of Labor

  • Appeal denials of those rights to the MSPB

The law was created because federal agencies historically failed to apply veterans preference consistently or correctly. VEOA gives veterans real enforcement power.

Who Is Protected Under the VEOA

Eligibility depends on your service. You may qualify if you are:

  • A preference eligible veteran with an honorable or general discharge

  • A disabled veteran

  • A veteran who served during a qualifying campaign or conflict

  • A transitioning service member

  • A spouse or parent of certain disabled or deceased veterans

  • A veteran seeking to compete through the VRA or VEOA hiring authority

If you are unsure of your status, consult the OPM Veterans Guide or a qualified VEOA lawyer.

Common VEOA Violations Federal Agencies Commit

Below are the most frequent violations, based on thousands of real federal hiring cases:

1. Failing to Apply Veterans Preference Points

Agencies often fail to apply 5 or 10 point preference, resulting in:

  • Improper rankings

  • Ineligibility determinations

  • Lost referral lists

  • Disqualification

This is the single most common VEOA violation.

Read more about failing to apply Veterans Preference points. 

2. Improper Use of Category Rating

Category rating allows agencies to use “Best Qualified,” “Well Qualified,” or similar groupings. The violation occurs when:

  • Veterans are not placed at the top of their category

  • Passing over vets without proper reasons

  • Manipulating categories to avoid selecting veterans

Category rating abuse is rampant.

3. Closing Vacancy Announcements Without Allowing Veterans to Apply

Agencies sometimes:

  • Restrict announcements to “status candidates only”

  • Use career-ladder promotions to avoid open competition

  • Limit postings to internal candidates to block veterans

VEOA gives veterans the right to compete where others can.

4. Failing To Notify Veterans of Their Right to File a Complaint

Agencies rarely tell veterans they have VEOA rights.
Lack of notice is not a defense.

5. Unlawful Pass Overs

Agencies may skip a veteran and select a non-veteran without:

  • A proper pass over request

  • Approval from OPM

  • Documented reasons consistent with law

This is a serious violation.

6. Misclassifying Your Military Documentation

Examples:

  • Misinterpreting DD-214

  • Incorrectly assessing disability ratings

  • Miscalculating campaign medals or qualifying service

Errors in classifying your service often lead to violations.

7. Blocking Veterans From Merit Promotion or Merit Hiring

VEOA allows preference eligibles to apply when the job is open to status candidates. Agencies frequently break this rule.

8. Failing To Consider Veterans for Career Advancement

Veterans preference applies not only to initial hiring but can affect:

  • Promotions

  • Reassignments

  • Internal competitive selections

Agencies often ignore preference in these situations.

How To Know If Your VEOA Rights Were Violated

You may be the victim of a VEOA violation if:

  • You applied and were never referred

  • Non-veterans with lower scores were certified or interviewed

  • You saw internal hiring despite your eligibility

  • The agency told you preference “does not apply”

  • Your application was rejected incorrectly

  • The job announced “status candidates only” but you were eligible

  • You were passed over without explanation

  • You were told your service does not qualify but you believe it does

If any of these happened to you, you likely have a case.

How To File a VEOA Complaint

The VEOA process includes two major steps:

Step 1: File a Complaint With the Department of Labor (VETS)

You must file your initial VEOA complaint with:

DOL VETS Website:
https://www.dol.gov/agencies/vets/programs/userra/veoa

DOL investigates and attempts informal resolution.

Step 2: File an MSPB Appeal

If DOL cannot resolve your case within 60 days, or if you receive a closure notice, you may file with MSPB.

MSPB e-filing:
https://efile.mspb.gov

In your appeal, you must show:

  • You are preference eligible

  • The agency violated your VEOA rights

  • You were harmed by the violation

The MSPB has the power to order corrective action, including:

  • Putting you in the position you would have earned

  • Correcting referral lists

  • Mandating new hiring actions

  • Awarding back pay in certain cases

  • Reconstructing the hiring process

How To Win a VEOA Case: Insider Strategies

These are the strategies experienced VEOA lawyers use that most employees do not know:

1. Reconstructing the Certificate

We obtain the original referral list and show where you should have ranked.

2. Comparator Analysis

We compare your qualifications to those selected or referred.

3. Evidence of Manipulation

We expose:

  • Customized job announcements

  • Category manipulation

  • Restrictive internal postings

  • Improper screening criteria

4. Serve-and-Protect Method

We request all scoring matrices and rating sheets early to prevent destruction.

5. Narrative Timeline Strategy

We create a detailed timeline showing each violation step-by-step.

6. Attack Hiring Official Credibility

We cross-examine the hiring panel and show inconsistencies in their explanations.

7. Forced Re-Announcement

If the original hiring action was structurally flawed, we seek a do-over.

8. Demand for Corrective Action

Our goal is not just to win. It is to put you in the job you were denied.

What Remedies You Can Receive

MSPB can order:

  • Priority consideration

  • Job placement

  • Back pay

  • Lost benefits

  • Referral list reconstruction

  • Correction of your application records

  • Removal of improper pass over decisions

  • Attorney fees in some cases

For many veterans, a VEOA case is the only way to fix a career-damaging hiring violation.

Why VEOA Cases Are Hard To Win Without a Lawyer

Agencies fight VEOA cases aggressively. Common agency tactics include:

  • Hiding referral lists

  • Claiming no harm occurred

  • Saying preference did not apply

  • Misrepresenting hiring procedures

  • Arguing technicalities

  • Disputing eligibility

  • “Losing” key documents

Experienced VEOA lawyers know how to counter these tactics, compel document production, and expose flawed hiring practices.

Why Choose National Security Law Firm for Your VEOA Case

Veterans preference cases require insiders.
National Security Law Firm brings unmatched insider strength.

Our attorneys include former federal hiring officials, former agency counsel, former military JAG officers, former security clearance adjudicators, and former federal employees who understand exactly how federal hiring decisions are made.

We expose violations others miss.

What Makes NSLF the Top VEOA Firm

  • 4.9 star Google reviews

  • Insider hiring and adjudication experience

  • Former military officers leading your case

  • Attorney Review Board on every complex VEOA appeal

  • Nationwide representation

  • Washington DC based

  • Flexible legal financing through Affirm

  • Disabled veteran founded

  • Mission-driven legal team

  • Aggressive reconstruction and evidence strategy

National Security Law Firm: It’s Our Turn to Fight for You.

Federal Employment Defense Hub

Learn more about federal hiring rights, MSPB strategy, OSC complaints, and whistleblower protections at the:

Federal Employment Defense Hub

Ready to Enforce Your VEOA Rights

If you believe an agency violated your veterans preference rights, do not wait.
Hiring decisions move quickly. Evidence disappears. Referral lists get overwritten.

You served your country.
You deserve the preference Congress guaranteed you.

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Your service earned you these rights.
Now it is time to enforce them.

National Security Law Firm: It’s Our Turn to Fight for You.