. , 

ENE GENERAL 

OF TEXAS 

The Honorable Charles L. Morris, Opinion No. B-853 

Executive Director 

Veterans Affairs Commission He: Disabled veterans 

P. 0. Box 12277, Capitol Station employment preference. 

Austin, Texas 78711 

Dear Mr. Morris: 

you ask for an opinion concerning the service credit 

granted to persons who, in applying for state employment 

requiring a competitive examination, establish the existence 

of a service-connected disability. Specifically, you ask 

whether eligibility for the credit is limited to persons 

having a disability of ten per cent or more as established 

by records of the Veterans Administration. 

Article 4413(31), V.T.C.S., specifies the honorably 

discharged military personnel who qualify for a preference 

in state employment over other applicants for the same 

position having no greater qualification. Section 3 of 

article 4413(31) provides, in part: 

In all public departments, commissions, 

boards and other governmental agencies 

and public works of this State which now 

require or may hereafter require a competitive examination under a Merit System 

or Civil Service Plan of either or both 

selecting and promoting employees, such 

person who is otherwise eligible and 

qualified for and entitled to preference 

under this Act, who shall have been so 

examined and shall have attained at least 

the minimum required score for such test or 

tests, shall have a service credit amounting 

p. 3599 
The Honorable Charles L. Morris - page 2 W-853) 

to ten (10) points added to the earned rating, 

j 

person or-persons whose duty it is to 

fill the position or employment applied 

for. . . . (Emphasis added). 

It should be noted that the provision above does not specify 

a minimum percentage of disability required before the veteran 

qualifies for the additional five-point preference. 

Federal law prescribes a minimum of ten per cent (10%) 

disability for purposes of compensation, 38 U.S.C. 88 314, 334, 

355, but sets no such minimum amount for preference for 

United States Civil Service positions. "Disabled veteran" is 

defined in 5 U.S.C. S 2108 as an individual who has served 

on active duty, been honorably discharged, and "has established the present existence of a service-connected disability or is receiving compensation, disability retirement 

benefitsTor pension . . . ." (Emphasis added). Under 5 

U.S.C. s 3309, a disabled veteran (regardless of percentage 

of disability) is granted ten additional points above his 

earned rating on a competitive exam, as opposed to five 

points for a veteran who has no disability. Under 5 U.S.C. 

s 3313, for certain competitve positions, the names of 

veterans having a compensable disability (i.e. a disability 

of ten per cent or more) are placed on appropriate registers 

ahead of all other applicants -- including any veterans 

having a disability rated at less than ten per cent. The 

latter provision, however, is apparently the only statute 

which distinguishes degrees of disability for purposes of 

preference eligibility; the significance is that a disabled 

veteran whose disability is rated less than ten per cent is, 

nonetheless, considered disabled, when so certified by the 

Veterans Administration. See - Handbook for Veterans 

Benefit Counselors H-27-73'=r; at page V-2-l. 

p. 3600 
The Honorable Charles L. Morris - page 3 (H-853) 

The Texas statute, article 4413(31), section 3, requires 

only that "official records" establish the existence of a 

service-connected disability in order for the veteran to 

be entitled to the additional five point credit on the Merit 

System or Civil Service Plan earned rating. The language 

does not require that the disability reach the ten per cent 

level required for compensation from the federal government. 

Since the federal government'certifies disablity in ten per 

cent increments for compensation purposes, a veteran who has 

a service-connected disability which does not reach the level 

of ten per cent would be certified for those purposes at zero, 

even though for other purposes he isrecognized as being, 

disabled. A service-connected disability rated' at iero‘per 

cent for compensation purposes which is, nonetheless, certified 

as a service-connected disability by official records, 

qualifies the veteran for the five point credit. Thus, 

neither the Merit System Council nor any other agency may 

limit the five point credit to veterans having disabilities 

rated at ten per cent or more. 

SUMMARY 

Any service-connected disability established by official records entitles a 

person otherwise qualifying for preference 

under article 4413(31), V.T.C.S., to an 

additional five point credit on his earned 

rating on a competitive Merit System or 

Civil Service Plan exam. Such credit 

may not be limited to veterans whose disabilities are rated at ten per cent or 

more by the Veterans Administration. 

General of Texas 

p. 3601 
The Honorable Charles L. Morris - page 4 W-853) 

Opinion Committee 

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p. 3602