M21-1 Manual  /  Part XIII, Subpart ii, Chapter 2, Section A

Civil Service Veterans' Preference Letter

M21-1, Part XIII, Subpart ii, Chapter 2, Section A

Overview

In This Section

 This section contains the topic "Civil Service Veterans' Preference Letters."

1. Civil Service Veterans' Preference Letters

Introduction

 This topic contains information on civil service Veterans’ preference letters, including
  • definition of civil service Veterans’ preference
  • five-point civil service preference based on military service
  • ten-point civil service preference based on disability
  • active duty requirements for civil service Veterans’ preference
  • definition of “war” for civil service Veterans’ preference
  • when evidence does not establish eligibility for civil service preference
  • requests for civil service disability preference letters
  • derived civil service preference requirements
  • who may issue civil service preference letters, and
  • filing instructions for civil service Veterans’ preference requests and letters.

Change Date

 February 19, 2019

XIII.ii.2.A.1.a. Definition: Civil Service Veterans’ Preference

 The Office of Personnel Management (OPM) administers entitlement to Veterans’ preference in employment under 5 U.S.C. Veterans can receive 5 or 10 extra points on their civil service passing examination scores or ratings if they meet certain eligibility requirements. In addition, 10 points may be added to the passing examination scores of Veterans’ spouses, surviving spouses, and mothers under certain circumstances. This type of preference is called “derived preference,” because it is based on service of a Veteran who is not able to use the preference. References: For information on

XIII.ii.2.A.1.b. Five-Point Civil Service Preference Based on Military Service

 Five points are added to the civil service examination score or rating of a Veteran who served
  • during a period of war, as declared by Congress
  • during the period of April 28, 1952, through July 1, 1955
  • for 181 or more consecutive days, any part of which occurred during the period of February 1, 1955, through October 14, 1976
  • during the period of August 2, 1990, through January 2, 1992
  • for 181 or more consecutive days, any part of which occurred during the period beginning September 11, 2001, and ending on the date prescribed by Presidential proclamation or by law as the last day of Operation Iraqi Freedom, or
  • in a campaign or expedition for which a campaign medal has been authorized.
Notes:
  • Any Armed Forces Expeditionary medal or campaign badge, including El Salvador, Lebanon, Grenada, Panama, Southwest Asia, Somalia, and Haiti, qualifies for preference.
  • Unless specified elsewhere, individuals who enlisted after September 7, 1980, must have served for 24 or more months or for the period called to active duty to receive preference.
  • Veterans that have no service-connected (SC) disabilities, or have a combined SC disability evaluation of less than 10 percent, qualify for civil service preference only if they meet the above service requirements.
Example: For an example of a civil service preference letter for Veterans that qualify for a civil service preference letter based on service only, see M27-1, Part I, 5.6.d.

XIII.ii.2.A.1.c. Ten-Point Civil Service Preference Based on Disability

 Ten points are added to the civil service examination score or rating of a Veteran who served on active duty at any time and
  • has an SC evaluation of 10 percent or greater
  • is entitled to
    • a 10-percent evaluation under 38 CFR 3.324 for multiple non-compensable evaluations, or
    • special monthly compensation (SMC)
  • has a non-compensable SC evaluation for disease or injury which exhibits some impairment
  • is receiving non-service-connected (NSC) pension, or
  • received a Purple Heart.
Important: Separate civil service preference letters exist for Veterans that have an SC evaluation of
  • 10 percent but less than 30 percent, and
  • 30 percent or greater.
Example: For an example of a civil service preference letter for Veterans that qualify for a civil service preference letter based on disability, see M27-1, Part I, 5.6.d.

XIII.ii.2.A.1.d. Active Duty Requirements for Civil Service Veterans’ Preference

 To receive Veterans’ preference, a Veteran must have separated from active duty in the Armed Forces with an honorable or general discharge. Important:
  • Active duty for training or inactive duty by a National Guard or Reserve member qualifies as “active duty” for civil service 10-point preference for Veterans with SC disabilities.
  • Active duty for training or inactive duty by a National Guard or Reserve member does not qualify as “active duty” for civil service 5-point preference for Veterans without SC disabilities.

XIII.ii.2.A.1.e. Definition of “War” for Civil Service Veterans’ Preference

 For Veterans’ preference, “war” refers only to those armed conflicts declared by Congress to be wars. Another difference between 38 U.S.C. and OPM regulations is that for 5 U.S.C. Veterans’ preference purposes, World War II covers the period from December 7, 1941, through April 27, 1952. 38 U.S.C. defines “period of war” and includes many non-declared wars, such as the Korean Conflict and the Vietnam Era. Service purely during a period of war listed in 38 CFR 3.2 may not necessarily qualify a Veteran for civil service preference. Reference: For more information on armed conflicts declared to be wars by Congress, see 50 U.S.C., Appendix.

XIII.ii.2.A.1.f. When Evidence Does Not Establish Eligibility for Civil Service Preference

 If evidence in the claims folder does not establish eligibility under one of the criteria shown in M21-1, Part XIII, Subpart ii, 2.A.1.b, do not undertake additional development to certify duty during a campaign or expedition for which a campaign medal has been authorized. Note: If the Veteran alleges such service, refer him/her to the proper service department for assistance.

XIII.ii.2.A.1.g. Requests for Civil Service Disability Preference Letters

 Follow the procedures in the table below when a Veteran requests a civil service disability preference letter.
If the Veteran …Then …
  • has an SC evaluation of 10 percent or greater
  • is entitled to compensation under 38 CFR 3.324 or SMC, or
  • receives NSC disability pension
complete the appropriate preference letter. Note: Do not refer the case to the rating activity.
  • has a zero-percent SC evaluation, and
  • receives no disability benefits
refer the claim to the rating activity under end product 290 to determine whether the Veteran is eligible for civil service disability preference because the SC disability causes actual impairment.
  • has never filed a disability claim, but
  • his/her DD Form 214, Certificate of Release or Discharge from Active Duty, shows award of a Purple Heart
complete the appropriate preference letter. Note: Do not refer the case to the rating activity.
  • has never filed a disability claim, and
  • his/her DD Form 214 does not show award of a Purple Heart
Reference: For more information on rating determinations for Veteran’s civil service disability preference, see M21-1, Part XIII, Subpart ii, 2.B.

XIII.ii.2.A.1.h. Derived Civil Service Preference Requirements

 Use the table below to determine whether a Veteran’s service and/or disability may serve as the basis of civil service derived preference for the Veteran’s
  • spouse
  • surviving spouse, or
  • mother.
Relationship to VeteranVeteran’s Service/Disability/Death Requirements
Spouse The Veteran must be disqualified for a Federal position because of an SC disability. Note: Disqualification may be presumed when the Veteran is unemployed and
  • is rated 100-percent disabled and/or unemployable due to an SC disability
  • has retired, been separated, or resigned from a civil service position due to an SC disability, or
  • has attempted to obtain a civil service position and has failed to qualify because of an SC disability.
Note: The claimant requesting civil service preference must certify and document the Veteran’s inability to work because of an SC disability by completing questions 1-7 on page two of Standard Form (SF) 15, Application for 10-Point Preference. Important: Because provisions of the Privacy Act (PA) cover the release of this information, the Veteran must provide written consent before a preference letter may be sent to a third person. However, the letter may be released directly to the Veteran.
Surviving spouse The Veteran must have
  • served
    • during a period of war, as declared by Congress
    • during the period of April 28, 1952, through July 1, 1955
    • in a campaign or expedition for which a campaign medal has been authorized, or
  • died under honorable conditions while on active duty that included service described immediately above.
Mother of deceased Veteran The Veteran must have died under honorable conditions while on active duty
  • during a period of war, as declared by Congress
  • during the period of April 28, 1952, through July 1, 1955, or
  • in a campaign or expedition for which a campaign medal has been authorized.
Mother of disabled Veteran The Veteran must
  • have received an honorable or general discharge from active duty, including training service in the Reserves or National Guard, performed at any time, and
  • be permanently and totally disabled from an SC injury or illness.
Important: Because provisions of the PA cover the release of this information, the Veteran must provide a written consent before a preference letter may be sent to a third person. However, the letter may be released directly to the Veteran.
Notes:
  • Entitlement to civil service derived preference is subject to additional relationship requirements administered by OPM.
  • Both a mother and a spouse, including a surviving spouse, may be entitled to preference on the basis of the same Veteran’s service.
  • Neither the Veteran’s mother nor spouse may receive preference if the Veteran is living and is qualified for Federal employment.
Examples: For examples of derived civil service preference letters, see M27-1, Part I, 5.6.d.

XIII.ii.2.A.1.i. Who May Issue Civil Service Preference Letters

 A Veterans Service Center Manager (VSCM), Pension Management Center Manager (PMCM), or a designee may issue the letter.

XIII.ii.2.A.1.j. Filing Instructions for Civil Service Veterans’ Preference Requests and Letters

 Do not add to the claims folder the request for, or a copy of, the Veterans’ preference letter, as neither pertains to a claim for VA benefits.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XIII, Subpart ii, Chapter 2, Section A (U.S. government work, reproduced for reference). Browse all sections →