Failing to Apply Veterans Preference Points: The Most Common VEOA Violation Explained by Top Veterans Preference Lawyers

Veterans serve their country with honor.
Congress responded by guaranteeing veterans preference in federal hiring to ensure meaningful access to federal careers.

Yet in practice, federal agencies routinely ignore, misapply, or completely fail to award the 5 point and 10 point veterans preference that federal law requires.

This is the single most common Veterans Employment Opportunities Act (VEOA) violation in the federal government. And it damages veterans more than any other hiring error: lost rankings, lost referrals, lost interviews, and lost federal career opportunities.

This guide explains exactly how this violation happens, how to recognize it, how to prove it, and how a skilled VEOA lawyer can reconstruct the hiring process and correct the record.

If you believe your veterans preference was ignored, you are not alone.
And you have powerful rights to enforce.

What Are Veterans Preference Points

Under federal law, qualifying veterans are entitled to:

5 point preference for most honorably discharged veterans
10 point preference for disabled veterans, Purple Heart recipients, and others

These points are not optional.
They must be added to your numerical rating or integrated into category rating in a way that gives you a clear competitive advantage.

Why Veterans Preference Exists

Congress created preference to ensure veterans:

Reach referral lists
Are highly ranked
Receive proper consideration
Are not screened out by HR errors
Have access to federal employment opportunities

When an agency fails to apply preference, they violate VEOA, Title 5, and OPM hiring regulations.

How Agencies Fail To Apply Veterans Preference Points

Federal agencies commit this violation in multiple ways. Below are the most common — and the most damaging — patterns seen by experienced VEOA lawyers.

1. Failing To Add 5 or 10 Points to Your Score

This is the most direct violation.
You submit your documents, you are clearly preference eligible, but HR:

Never adds the point value
Adds the wrong points
Applies points incorrectly
Ignores your SF-15 or award documents

This usually results in:

Lower ranking
No referral
A non-veteran outranking you
Improper ineligibility determinations

Red Flag

If your USAJobs notice simply says “Eligible but not referred,” this is a classic sign that preference was improperly applied.

2. Incorrectly Marking You as “Not Qualified”

Many agencies incorrectly label veterans as:

Not qualified
Not meeting specialized experience
Not meeting time in grade
Not within the area of consideration

These errors prevent preference from ever being applied because HR never forwards the veteran to the rating stage.

A veteran who was improperly disqualified lost preference points before the agency even evaluated their qualifications.

3. Misreading or Misclassifying DD-214 or Disability Documents

This is shockingly common.

HR staff often misunderstand:

Character of discharge
Campaign medals
Armed Forces Expeditionary Medal
Service-connected disability percentage
Purple Heart status
SF-15 supporting documentation

Any misclassification leads to assigning no preference or the wrong preference.

4. Lost or Ignored Supporting Documents

Agencies often:

Claim they never received your SF-15
Lose uploaded documents
Fail to review disability rating letters
Ignore DD-214 attachments

This is not your fault.
And under VEOA, it never excuses the agency’s violation.

5. Failing To Apply Preference in Category Rating

Under category rating, agencies place applicants into categories:

Best Qualified
Well Qualified
Qualified

Veterans must be:

Placed at the top of their category
Referred ahead of non-veterans
Given selection priority unless a lawful pass over is approved

Instead, HR sometimes:

Buries veterans in lower categories
Places non-veterans above preference eligibles
Uses inflated rating criteria to dilute veteran scores

This is a serious VEOA violation.

6. Improper “Status Candidate Only” Announcements

If a posting limits competition to internal federal employees, HR often fails to allow preference-eligible veterans to apply.

But under VEOA, veterans can compete when the position is open to:

Internal candidates
Status candidates
Merit promotion applicants

Agencies misapply this rule constantly.

7. Bypassing Veterans Without a Legal Pass Over Request

If a veteran is on the certificate, the agency must seek approval from the Office of Personnel Management to pass the veteran over.

Most agencies skip this step entirely.

This is a textbook VEOA violation.

How Do You Know if Your Preference Was Ignored

Here are the clearest signs:

Your USAJobs status says “Eligible but not referred”
You were never reviewed by the hiring manager
Non-veterans with lower scores were interviewed
You applied for multiple jobs and were never referred
HR marked you ineligible without explanation
The agency did not request a pass over
You believe you were qualified and still not forwarded
HR misinterpreted your discharge or ratings

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

How To Prove Preference Points Were Not Applied

Winning a VEOA case requires reconstructing the hiring process.
Here is how experienced VEOA lawyers do it.

1. Obtain the referral list or certificate of eligibles

This shows:

Your ranking
Points applied
Others ranked above you
Whether non-veterans were placed ahead of you

2. Request rating sheets and scoring matrices

These reveal whether your points were added.

3. Identify comparators

Non-veterans who were referred or selected.

4. Analyze the job announcement and specialized experience language

To expose improper disqualifications.

5. Review all preference documents

DD-214
SF-15
VA disability letters
Award docs

6. Demand HR documentation

Including internal emails, qualification determinations, and hiring worksheets.

7. Show harm

Connection between the violation and your lost referral or lost selection.

VEOA cases succeed on documentation and expertise.
This is why representation matters.

How To File a Complaint When Preference Was Not Applied

Step 1: File With DOL VETS

You must first submit a complaint through DOL VETS:
https://www.dol.gov/agencies/vets/programs/userra/veoa

Step 2: File an MSPB Appeal

If DOL cannot resolve the issue in 60 days, or issues a closure letter, file an appeal with:
https://efile.mspb.gov

At the MSPB, you can demand:

Corrective action
Placement into the position you were denied
Back pay in some cases
Reconstruction of the hiring process
Attorney fees

This is how veterans win.

Remedies the MSPB Can Order

If you prove the agency ignored your preference points, MSPB can order:

Job placement
Priority consideration
Wiping out an illegal hiring action
A brand new selection process
Back pay if you would have been selected
Correction of hiring documents
Attorney fees

The goal is simple: restoring the career opportunity you earned through service.

Why This Violation Is So Common

Federal HR offices are:

Understaffed
Poorly trained
Overwhelmed with workload
Often unaware of complex preference rules

This leads to widespread errors that harm veterans.
Agencies rarely fix these mistakes unless forced to by a VEOA lawyer.

Why Choose National Security Law Firm for VEOA Cases

When your preference points are ignored, you need VEOA lawyers who understand federal hiring from the inside.

At National Security Law Firm, our attorneys are former federal hiring officials, former agency counsel, former military JAG officers, and former adjudicators who have seen these violations firsthand.

We know:

How HR misapplies preference
How to compel hiring documents
How to expose manipulation and shortcuts
How to reconstruct rating and referral lists
How to win MSPB cases for veterans

What Sets NSLF Apart

4.9 star Google reviews
Disabled veteran founded
Insider hiring expertise
Attorney Review Board on every major case
Nationwide representation
Washington DC based
Flexible legal financing through Affirm

We hold federal agencies accountable and restore the careers veterans were denied.

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

Federal Employment Defense Hub

For more guides on veterans preference, MSPB appeals, federal hiring violations, and employee rights, visit the:

Federal Employment Defense Hub

Ready To Enforce Your Preference Rights

If a federal agency did not apply your 5 or 10 point preference, they broke the law.
Your service earned you these rights.
Now you can enforce them.