Are you a VBA-qualified disabled veteran with a veteran disability rating of 30% or higher? If so, it’s crucial to understand your rights and the benefits available to you. One such benefit is the Disabled Veteran Leave, which can provide much-needed support during recovery.
If you have never heard about this option, you’ve come to the right place. This guide will help you navigate these benefits and more.
What is Disabled Veteran Leave?
Disabled Veteran Leave provides up to 104 hours of paid leave for federal employees with a service-connected disability rating of 30% or higher.
* Note that the Disabled Veteran Leave is a separate benefit from the normal sick leave and doesn’t come in exchange for the accrual of sick time.
Disabled Veteran Leave Eligibility
Eligibility Criteria — To Whom Does the Disabled Veteran Leave apply?
- Your effective hiring date is on or after November 5, 2016
- You hold a civilian position in the Federal Government
- You are a veteran with a service-connected disability
- Your disability rating must be 30% or higher
Eligibility Period — What Does “The First Day of Employment” Mean?
The Disabled Veteran Leave eligibility period starts on the employee’s “first day of employment” and lasts for 12 continuous months, ending one day before the first work anniversary.
The “first day of employment” (i.e., when the eligibility period kicks in) depends on whether the VA office approved the employee’s disability before or after November 5, 2016.
Hiring Date |
Disability VA Approval Date |
Eligibility Starts |
| Before Nov. 5, 2016 | Before/After Nov. 5, 2016 | No eligibility available |
| After Nov. 5, 2016 | Before the hiring date | On the hiring date |
| After Nov. 5, 2016 | After the hiring date | On the VA approval date |
Usage Terms for Disabled Veteran Leave
Usage Purpose
The 104 hours of the Disabled Veteran Leave can only be used for medical treatment related to the qualifying veteran’s disability. The employer (or any supervisor on their behalf) is entitled to ask for medical certifications from the healthcare provider, verifying that the treatment was used for the qualifying disability.
Requesting Disabled Veteran Leave
To request Disabled Veteran Leave, the employee must submit a formal application to their employing agency (the application should be written, oral, or electronic, per the employer’s requirements). The application must include a self-certification stating that the leave will be (or was) used to receive medical treatment for the qualifying disability.
Leave requests should be made in advance, specifying the exact days of absence, except for critical and unforeseeable situations (for instance, a medical emergency, an unexpected availability of an appointment for surgery, or a sudden complication from a traumatic brain injury or an orthopedic injury). That being said, it’s good to know that as long as the medical treatment occurs within the employee’s 12-month eligibility period, the eligible employee can still apply for the Disabled Veteran Leave retroactively.
Important Details about Disabled Veteran Leave
As mentioned, the Disabled Veteran Leave is a one-time-only benefit granted for an eligibility period of 12 continuous months. The practical implications are as follows:
- Any unused leave time will be forfeited, with no opportunity to carry it over into subsequent years.
- The Disabled Veteran Leave benefit is only granted once during an employee’s entire Federal career, even if the employee transitions to another Federal office or seeks the benefit after the 12-month eligibility period.
- The 12-month eligibility period for Disabled Veteran Leave cannot be paused or extended for any reason.
Other VA Benefits for Disabled Veterans
While the Disabled Veteran Leave is a valuable benefit for federal employees, it’s important to note that other VA disability benefits are available to disabled veterans in the private sector as well. Here are a few additional benefits that you may want to explore:
Disability Compensation
Disability compensation is a tax-free monetary benefit paid to veterans with service-connected disabilities. The amount of the compensation depends on the severity of the disability, and additional payments are available if the veteran has a spouse or other dependents.
Vocational Rehabilitation and Employment (VR&E)
The VR&E program assists veterans with service-connected disabilities in preparing for, finding, and keeping suitable employment. Services may include job training, employment accommodations, resume development, and job-seeking skills coaching.
Housing Programs
The VA helps veterans with service-connected disabilities and eligible surviving spouses becoming homeowners with programs such as a home loan guaranty, mortgage assistance, temporary buydown, housing grants, etc.
Legal Support for Disabled Veteran Benefits
Understanding and obtaining your Disabled Veteran Leave and other VA benefits can be challenging. At Bluestein Attorneys, our VA disability lawyers are committed to assisting veterans in receiving the full range of benefits they are entitled to. Contact us for a confidential consultation with our VA disability lawyers.
