What is a Protected Veteran? Qualification, Benefits, Rights, and More

Blog Sidebar Form

In a rush? Call us.

(877) 715-9300

"*" indicates required fields

By providing your personal information, you agree to our collection, use, and disclosure of your information as described in our privacy policy. By submitting this form, you consent to receive SMS, email, and pre-recorded message communications from us. For more details, please review our Privacy Policy.

This field is for validation purposes and should be left unchanged.

Recent Posts

Gulf War Presumptive Conditions List: Full List, Benefits, & Next Steps
What is a Protected Veteran? Qualification, Benefits, Rights, and More
Why It’s Hard for Veterans to Get VA Disability Benefits
What is the Veteran Readiness and Employment (VR&E) Program?
Most Common Disabilities in Afghanistan Veterans

Categories

What is a Protected Veteran? Qualification, Benefits, Rights, and More

As a veteran, you’ve made significant sacrifices for your country, but understanding your rights in civilian life—especially when it comes to protected veteran status—is just as important. The designation of "protected veteran" offers certain rights and protections, particularly in employment and entitles them to disability benefits.

What is a Protected Veteran?

A protected veteran is a veteran who qualifies for specific legal protections under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). This designation provides veterans with rights related to employment, including protection against discrimination and eligibility for certain benefits. If you are a protected veteran, your status ensures that you are entitled to certain protections when seeking employment or facing challenges in the workplace.

Official Definition of a Protected Veteran Under VEVRAA

The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) defines a protected veteran as a veteran who falls into one or more of the following categories. Each category ensures that the individual veteran is entitled to specific protections and benefits.

Disabled Veteran: 

  • Served on active duty in the U.S. military.
  • Is entitled to disability compensation (or would be if it weren't for receiving military retired pay).
  • Was discharged due to a service-connected disability.

Other Protected Veteran:

  • Served during a war, campaign, or expedition for which a campaign badge was authorized under the laws administered by the Department of Defense.

Recently Separated Veteran:

  • Was discharged or released from active duty within the last three years.
  • This category ensures newly transitioned veterans are granted additional support as they reintegrate into civilian life.

Armed Forces Service Medal Veteran: 

  • Participated in a U.S. military operation that earned an Armed Forces Service Medal.
  • These veterans may have participated in non-combat military operations, which still qualify them for protected status under VEVRAA.

For more detailed information, check out the official document from the U.S. Department of Labor: Veterans' Rights Fact Sheet.

what is a protected veteran

Qualification of a Protected Veteran

To qualify as a protected veteran, you must meet one of the four categories mentioned above. Your veteran status and eligibility are typically recorded in your DD-214 form, which you receive when discharged from the military. It’s important to note that some veterans might not initially recognize their status as a protected veteran. If you are uncertain about your classification, you should contact the Office of Federal Contract Compliance Programs (OFCCP) for clarification.

Benefits / Rights of Protected Veteran Status

Being classified as a protected veteran provides several key benefits and legal protections. These include:

  • Employment Protections
    • Non-Discrimination: Employers covered by federal law cannot discriminate against you because of your veteran status.
    • Affirmative Action: Federal contractors are required to make efforts to hire and promote qualified protected veterans.
    • Reasonable Accommodation: If you have a service-connected disability, your employer must provide reasonable accommodations to help you perform your job under the Americans with Disabilities Act (ADA).
  • Veterans’ Benefits
    • Access to Veterans Affairs (VA) benefits, including health care, disability compensation, and educational assistance, is often extended or enhanced for protected veterans.
    • Some veterans may also be eligible for tax exemptions, home loans, and other financial assistance.
  • Preference in Hiring
    • Many federal contractors and government employers are required to give priority hiring consideration to protected veterans.

Protected Veteran vs Unprotected Veteran

The difference between a protected and an unprotected veteran primarily lies in eligibility for the protections and benefits under federal law. An unprotected veteran does not qualify for the same legal safeguards, especially in the workplace. They may still receive benefits from the Department of Veterans Affairs (VA), but they do not have the employment-related protections that come with being a protected veteran.

Key Differences:

  • Non-Discrimination: A protected veteran cannot be discriminated against in employment, while an unprotected veteran has fewer legal protections.
  • Affirmative Action: Federal contractors are obligated to take affirmative action to hire protected veterans, but this is not a requirement for unprotected veterans.
  • Reasonable Accommodations: Employers are required to provide accommodations for protected veterans with service-connected disabilities, whereas unprotected veterans may not have this right.
protected veteran qualifications

Handling Discrimination Against Protected Veterans

If you believe you are facing discrimination due to your veteran status, there are several steps you can take:

1. Report to Human Resources

If you’re employed by a company covered by VEVRAA, start by reporting the discrimination to your employer’s Human Resources (HR) department. They are legally obligated to investigate complaints of discrimination related to veteran status.

2. File a Complaint with the OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) enforces laws related to the hiring and employment of protected veterans. If you believe that a federal contractor is violating the law by discriminating against you, you can file a complaint with the OFCCP. You can do so by visiting their website or calling for assistance.

3. Legal Action

If the discrimination continues or if your case is not resolved through HR or the OFCCP, you may need to consider legal action. Consult with the VA or an attorney specialized in veterans' rights to discuss your options.

Examples of Veteran Discrimination

Discrimination against protected veterans can take many forms. Some examples include:

  • Hiring Discrimination: Being passed over for a job opportunity solely due to your veteran status.
  • Harassment: Experiencing unwanted comments, jokes, or treatment about your military service.
  • Promotion Discrimination: Being denied promotions or advancement opportunities due to your status as a veteran.
  • Pay Discrimination: Receiving less pay for the same work as a non-veteran employee.

If you experience any of these types of discrimination, it’s important to take action to protect your rights.

When to Get a VA Attorney Involved

If you are facing challenges specifically related to your VA disability benefits—such as an appeal of a denial, insufficient rating, or other issues with the VA claims process—that’s where Wettermark Keith can assist. We focus exclusively on VA disability appeals, helping veterans contest decisions made by the VA and work toward obtaining the benefits they deserve.

If you need help with a VA disability appeal or have questions about your benefits, don’t hesitate to contact Wettermark Keith today for a free consultation. Our team is dedicated to helping veterans navigate the complexities of the VA appeals process and fight for the benefits you’ve earned.

VA Accredited Disability Attorney

Share this post:

Share on Pinterest Share on LinkedIn
WK Object 2

YOU DON’T HAVE TO DO THIS ALONE

CONTACT VA DISABILITY LAWYERS

To learn more about our law firm, our services, how to access our veterans law resources, and more, contact us today.
You get a free consultation and we won’t charge you a dime until we’ve won your case.

Telephone

(877) 715-9300

Email

[email protected]

By providing your personal information, you agree to our collection, use, and disclosure of your information as described in our privacy policy. By submitting this form, you consent to receive SMS, email, and pre-recorded message communications from us. For more details, please review our Privacy Policy.

This field is for validation purposes and should be left unchanged.