New Jersey Veterans Employment Preference: Government Job Advantages

Federal Veterans Preference applies to veterans of active-duty military service who received an honorable or general discharge. Service must have been during a federally-recognized period of war or conflict, or at minimum during the periods established by the VA: peacetime service following wartime service, Gulf War service from August 2, 1990 onward, or service in any active-duty status in the Armed Forces for a period of more than 180 consecutive days.

Disabled veterans receiving a VA service-connected disability rating of 10% or higher are eligible for 10-point veterans preference. Veterans without a service-connected disability rating, or with ratings below 10%, are eligible for 5-point veterans preference if they served honorably during a qualifying period.

Surviving spouses of veterans who died in service or from a service-connected disability are eligible for 10-point preference if they have not remarried. Former spouses may qualify if the veteran died in service or from service-connected disability and the former spouse was married to the veteran for at least 9 years during active duty.

Citation: 5 U.S.C. § 2108 and 5 U.S.C. § 3309. Preference eligibility is determined by your discharge characterization, period of service, and VA disability rating status. Federal Office of Personnel Management (OPM) administers the preference system government-wide.

Veterans Preference is not a monetary benefit. Instead, it provides a hiring advantage in competitive federal civil service positions:

5-Point Preference: Eligible veterans' scores increased by 5 points on civil service exams and interviews, and their names placed above non-preference candidates with equivalent scores.

10-Point Preference: Veterans with a VA service-connected disability rating of 10% or higher receive 10 points added to their exam/interview scores, placing them above all non-preference candidates and above 5-point preference candidates.

Surviving Spouses and Former Spouses: Receive 10-point preference if the veteran died in service or from service-connected disability.

The preference applies to all competitive civil service appointments (GS grades and equivalent). It does not apply to Senior Executive Service (SES) positions, excepted service appointments, or certain other positions. Preferences remain in effect until candidate is hired into a federal position or preference eligibility is otherwise ended.

New Jersey provides state civil service veteran preference under the New Jersey Civil Service Act (N.J.S.A. 11A:1-1 et seq.), creating a parallel system to federal veterans preference for state government positions. New Jersey eligible veterans receive preference points added to their civil service examination scores when applying for state government jobs administered through the New Jersey Civil Service Commission.

New Jersey Disabled Veteran Preference: Veterans with a service-connected disability rating of any percentage from the VA receive enhanced preference in New Jersey state civil service appointments. The state regulations provide that disabled veterans' names shall be placed above non-preference eligible candidates on civil service eligible lists.

New Jersey Non-Disabled Veteran Preference: Other eligible veterans (those who served honorably but without a service-connected disability rating) receive standard veteran preference on state civil service exams, placing their names above non-veterans on eligible lists.

New Jersey Surviving Spouse Preference: Surviving spouses of veterans who died in service or from service-connected disability may receive preference in state civil service positions.

Combined Application Process: Veterans applying for New Jersey state positions must indicate their veteran status when taking the civil service exam. The Civil Service Commission reviews VA disability rating documentation to determine preference level. This state preference stacks with federal preference—a veteran may receive both federal and state preference simultaneously when applying to their respective job systems. However, the benefits are separate; receiving federal employment does not affect state preference eligibility, and vice versa.

Common reasons Veterans Preference applications are denied or not processed correctly include:

Incorrect Discharge Characterization: The most frequent reason is a discharge that is not honorable or general (under honorable conditions). Discharges characterized as "Other Than Honorable" (OTH), "Bad Conduct," or "Dishonorable" do not qualify for federal or state veterans preference. Verify your discharge status on your DD Form 214 before applying. If you received a discharge upgrade, submit the upgraded DD Form 214.

Missing or Invalid DD Form 214: Many applications are delayed or denied because the DD Form 214 is incomplete, illegible, or missing the document authentication. Upload a clear, certified copy. Uncertified copies often result in requests for documents, delaying your application. Download certified copies from VA.gov under "Military Records" or request from the National Archives if you do not have one.

No VA Disability Rating Documentation for 10-Point Claims: If you claim 10-point preference, you must provide your current VA Disability Rating decision letter showing a 10% or higher rating. A discharge alone is insufficient. Obtain your rating letter from VA.gov under "View VA Letters and Documents." Without this, you will be downgraded to 5-point preference even if you are rated.

Missing Nexus Between Service and Disability Claim: If your VA disability rating is being appealed or is recent, agencies may request clarification that your disability is service-connected. Submit your VA Rating Decision letter explicitly stating the disability is service-connected.

Ineligible Service Periods: Veterans whose service does not fall within a federally-recognized wartime or conflict period may not qualify. Peacetime service generally does not qualify unless it followed wartime service or meets specific Gulf War criteria. Verify your service dates against the OPM-approved list of qualifying service periods.

Error in Application Form or Preference Declaration: Some applicants forget to mark "Yes" to veteran status during the initial job application, or submit applications without preference documentation attached. Always attach all supporting documents to every application, even if previously submitted.

Surviving Spouse Incorrectly Claiming Preference: Surviving spouses must demonstrate the veteran died in service or from service-connected disability. Remarriage disqualifies most surviving spouses. Include the veteran's death certificate and VA determination letter if claiming as a surviving spouse.

To Build a Stronger Claim: (1) Obtain an official, certified DD Form 214 directly from the military or National Archives; (2) Get current VA disability rating documentation from VA.gov; (3) Upload documents as PDFs, not images or photographs, ensuring clarity; (4) In the application narrative, explicitly state your qualifying service period and disability rating; (5) For state applications, contact your county veterans service office to review your package before submission.

Veterans Preference is determined by the hiring agency or civil service commission based on your documentation. If you believe your preference was applied incorrectly, you have appeal options under both federal and state systems.

Federal Appeal Process: If a federal hiring agency denies your Veterans Preference claim or does not apply it correctly, you may file a formal appeal with the Office of Personnel Management (OPM). Contact the agency's human resources office first to understand their decision. Request a written explanation of why preference was denied. If you disagree, file an appeal with OPM Merit Systems Protection Board (MSPB) within 15 calendar days of the hiring decision. You do not need an attorney; the MSPB provides free legal assistance for federal employees and applicants. File online at https://www.mspb.gov or by mail to the appropriate MSPB regional office. Include copies of all documentation supporting your preference claim, the agency's denial letter, and a written statement explaining why the agency erred.

Processing typically takes 60-120 days. MSPB will notify you of the appeal decision. If you lose at MSPB, you may appeal to federal court within 30 days, but this requires an attorney and has strict legal requirements.

New Jersey State Appeal Process: If the New Jersey Civil Service Commission denies your preference or fails to apply it correctly, contact the Commission directly first. Request a written decision explaining the denial. If you disagree, file a written appeal to the New Jersey Civil Service Commission Director within 15 days of the decision. Include your documentation package, the original decision, and a detailed explanation. The Commission will review and issue a decision within 30 days typically. If denied again, you may request a Civil Service Commission hearing before an administrative law judge. Contact the Division of Employee Relations, Office of Grievance and Mediation at (609) 984-1156 for hearing procedures. This is free and does not require an attorney.

Free Help: The County Veterans Service Officer (VSO) in your New Jersey county can assist you with appeals at no cost. VSOs are trained to help veterans navigate preference disputes. Find your VSO at https://www.nj.gov/military/veterans-services-directory.html. VSOs can attend appeals meetings with you and help present your case. Veteran service organizations like the American Legion, Veterans of Foreign Wars (VFW), and Disabled American Veterans (DAV) also provide free appeals assistance and representation.