U.S. MERIT SYSTEMS PROTECTION BOARD

Information Sheet No. 9

Veterans Employment Opportunities Act of 1998 (VEOA)

Purpose

The purpose of this information sheet is to provide general guidance and 

background information. It does not represent an official statement approved by 

the Board itself, and is not intended to provide legal counsel or to be cited as legal 

authority. Instead, it is intended only to help the public become familiar with the 

MSPB and its procedures. In all instances, however, the statute, the Board’s 

regulations, and current case law control with respect to matters discussed here.

What is the Veterans Employment Opportunities Act of 1998?

The Veterans Employment Opportunities Act of 1998 or VEOA is a federal law 

that provides certain federal employees and applicants with a means of redress in 

the event that a federal executive agency violates an employee’s or applicant’s 

veterans’ preference rights. 5 U.S.C. §§ 3330a-3330b.

Which employees and applicants can file a VEOA appeal with the Board?

Because VEOA primarily concerns the rights afforded to preference eligibles, i.e., 

individuals entitled to veterans’ preference, generally only preference eligible 

employees and applicants are entitled to file VEOA appeals. 5 U.S.C. 

§ 3330a(a)(1)(A). However, a non-preference eligible individual who has been 

separated from the armed forces under honorable conditions after 3 years or more 

of active service may file a VEOA appeal if the individual alleges that an agency 

has denied the individual the opportunity to compete for a vacant position for 

which the agency is accepting applications from outside its own 

workforce. 5 U.S.C. §§ 3330a(a)(1)(B); 3304(f)(1).

Who qualifies as a “preference eligible?’

For the purpose of employment in the federal government, the term “preference 

eligible” is defined in 5 U.S.C. § 2108(3). The term includes veterans who have 

been separated from the armed forces under honorable conditions and who served 

on active duty in the armed forces during a war or in a campaign or expedition for 

which a campaign badge has been authorized or during particular defined 

periods. The Office of Personnel Management’s VetGuide provides a 

comprehensive list of campaigns and expeditions which qualify for veterans’ 

preference. The VetGuide is available at the following internet address: 
http://www.fedshirevets.gov/hire/hrp/vetguide/index.aspx. The term “preference 

eligible” also includes disabled veterans. In addition, the mother, spouse, or 

unmarried widow or widower of certain veterans may qualify as a “preference 

eligible” under particular circumstances. A retired member of the armed forces is 

generally excluded from the definition of “preference eligible” unless the 

individual qualifies as a disabled veteran or retired below the rank of major or its 

equivalent. 5 U.S.C. § 2108.

What veterans’ preference rights can the Board address under VEOA?

VEOA provides a means of redress for any violation of an “individual’s rights 

under any statute or regulation relating to veterans’ preference.” 5 U.S.C. 

§ 3330a(a)(1)(A). In some cases, it is obvious that a particular right derives from 

a statute or regulation relating to veterans’ preference because the statute or 

regulation explicitly refers to preference eligibles. However, even if it does not 

explicitly refer to veterans’ preference or preference eligibles, a statute or 

regulation relates to veterans’ preference so long as it stands in some relation to, 

has a bearing on, concerns, or has a connection with veterans’ preference 

rights. See Dean v. Department of Agriculture, 99 M.S.P.R. 533, ¶ 17 (2005), 

aff’d on reconsideration, 104 M.S.P.R. 1 (2006).

How do I file a VEOA appeal with the Board?

Before individuals can file VEOA appeals with the Board, they must first file a 

complaint with the Secretary of Labor. The Department of Labor’s website 

explains how to file a veterans’ preference complaint with that agency: 

http://www.dol.gov/vets/programs/vetspref/veterans_preference_fs.htm. After 

filing a complaint with the Secretary of Labor, an individual may file a VEOA 

appeal with the Board if the Secretary of Labor is unable to resolve the complaint 

within 60 days after the date on which the complaint is filed. If you have not yet 

received a notice from the Secretary after that 60-day period, you must provide

written notice to the Secretary of your intention to file an appeal to MSPB before 

you may do so. However, an appeal may not be filed before the 61st day after the 

date on which the complaint was filed or later than 15 days after the date on which 

the complainant receives written notification that the Secretary has been unable to 

resolve the complaint. 5 U.S.C. § 3330a(d)(1). 

Am I entitled to a hearing if I file a VEOA appeal?

The Board has the authority to decide a VEOA claim on the merits, without a 

hearing, when there is no genuine dispute of material fact and one party must 

prevail as a matter of law. Davis v. Department of Defense, 105 M.S.P.R. 604, 

¶ 12 (2007). In other words, while an individual who files a VEOA appeal does 
not have a right to a hearing, the Board may conduct a hearing if necessary to 

resolve a factual dispute between the parties.

What do I have to do to win my appeal?

To be entitled to relief under VEOA, the individual who filed the appeal must 

prove by preponderant evidence that the agency’s action violated one or more of 

the individual’s statutory or regulatory veterans’ preference rights. Dale v. 

Department of Veterans Affairs, 102 M.S.P.R. 646, ¶ 10 (2006).

If I win my appeal, what relief will the Board provide?

If the Board determines that an agency has violated an individual’s rights under a 

statute or regulation relating to veterans’ preference, VEOA provides that the 

Board shall order the agency to comply with the statute or regulation it violated 

and award the individual compensation for any loss of wages or benefits the 

individual suffered due to the violation. The individual is also entitled to be 

awarded reasonable attorney fees, expert witness fees, and other litigation 

expenses. Furthermore, if the Board determines that the agency knew or showed 

reckless disregard as to whether its conduct was prohibited by statute or 

regulation, VEOA provides that the Board shall award the individual an additional 

amount equal to backpay. 5 U.S.C. § 3330c.