Understanding Veteran Protections: Service In Afghanistan

If you served in Afghanistan, you may be considered a protected veteran. According to the U.S. government, a protected veteran is someone who is disabled, recently separated from the military, served in wartime or during a campaign, or earned the Armed Forces Service Medal. This includes veterans of the Global War on Terror, those who served in Afghanistan, and those who responded to the COVID-19 crisis. Protected veteran status entitles individuals to certain benefits and protections, such as equal opportunity employment and protection from discrimination. Additionally, veterans who served in Afghanistan during a qualifying time period and have an illness or health condition connected to their service may be eligible for VA disability compensation.

Gulf War Illnesses and Afghanistan Service

Gulf War Illnesses (GWI) refer to a cluster of medically unexplained chronic symptoms that affect veterans of the Gulf War (1990–1991). GWI is also known as Gulf War Syndrome (GWS) or Chronic Multi-symptom Illness (CMI).

GWI is characterised by a wide range of acute and chronic symptoms, including fatigue, muscle pain, cognitive problems, insomnia, rashes, and diarrhea. Approximately 250,000 of the 697,000 US veterans who served in the Gulf War are affected by enduring chronic multi-symptom illness.

The primary cause of GWI is believed to be exposure to sub-lethal amounts of organophosphates, particularly sarin. Other potential causes include exposure to pesticides, pyridostigmine bromide pills (used as a pretreatment to protect against nerve agents), cyclosarin, and emissions from oil well fires.

GWI is recognised by the US Department of Veterans Affairs (VA), which provides disability compensation for veterans with GWI linked to their military service. To be eligible for VA disability compensation, veterans must meet the following criteria:

• Served in a recognised location during a qualifying time period (on or after August 2, 1990, in Afghanistan, Iraq, and certain other areas)
• Did not receive a dishonourable discharge
• Have an illness or health condition connected to their military service
• Meet any applicable timing requirements for when a healthcare provider diagnosed the condition

The VA considers certain conditions to be presumptive, meaning veterans do not need to prove a direct connection between their military service and their illness. These presumptive conditions for Gulf War veterans include:

• Chronic Fatigue Syndrome
• Functional gastrointestinal disorders (e.g., irritable bowel syndrome, functional dyspepsia)
• Medically unexplained chronic multisymptom illness
• Other undiagnosed illnesses (e.g., cardiovascular signs and symptoms, muscle and joint pain, headaches)

Veterans who served in Afghanistan on or after September 19, 2001, may be eligible for disability benefits associated with certain presumptive diseases.

Criteria for Protected Veteran Status

To be a protected veteran, an individual must meet the criteria outlined in the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) and subsequent amendments. This legislation was established to address the discrimination faced by returning Vietnam veterans and ensure equal opportunities for protected veterans in employment.

The Department of Labor (DOL) outlines four distinct categories of protected veterans:

Disabled Veterans:

This category includes veterans who served in the U.S. military, ground, naval, or air service and are entitled to compensation from the Department of Veterans Affairs. It also covers individuals discharged or released from active duty due to a service-connected disability.

Recently Separated Veterans:

A veteran is considered recently separated if they served during the three-year period beginning on the date of their discharge or release from active duty in the U.S. military.

Armed Forces Service Medal Veterans:

These are veterans who, while serving on active duty in the U.S. military, participated in a U.S. military operation that received an Armed Forces Service Medal, awarded pursuant to Executive Order 12985.

Others (Campaign Badge Veterans):

This category includes veterans who served on active duty in the U.S. military during a war, campaign, or expedition for which a campaign badge was authorized by the Department of Defense.

It is important to note that the Gulf War era, starting on August 2, 1990, is also included in the criteria for protected veteran status. Additionally, veterans of the Global War on Terror, those responding to the COVID-19 crisis, and those serving in Operation Inherent Resolve have earned protected veteran status in recent years.

The protected veteran status provides legal protections against discrimination in employment based on veteran status. It also entitles veterans to certain benefits and accommodations, such as "reasonable accommodations" for disabled veterans to perform their job duties effectively.

Reasonable Accommodations for Disabled Veterans

To answer your first question, serving in Afghanistan can make you a protected veteran, but this depends on the time period in which you served. According to the U.S. Department of Veterans Affairs, if you served in Afghanistan after September 19, 2001, and meet other criteria, you may be eligible for disability benefits.

Now, here is some information on reasonable accommodations for disabled veterans.

Disabled veterans are entitled to reasonable accommodations in the workplace, as outlined by the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA). These laws protect veterans from employment discrimination and require employers to make reasonable accommodations for disabled employees or applicants.

The ADA defines an "individual with a disability" as someone who:

• Has a physical or mental impairment that substantially limits one or more major life activities.
• Has a record of such an impairment.
• Is regarded as having such an impairment.

Reasonable accommodations can include:

• Providing written materials in accessible formats such as large print, Braille, or electronic formats.
• Holding recruitment fairs, interviews, tests, and training in accessible locations.
• Modifying equipment or devices, such as providing assistive technology for individuals who are blind or deaf.
• Making physical modifications to the workplace, such as adjusting the height of a desk or shelves for wheelchair users.
• Allowing employees to work from home.
• Providing leave for treatment, recuperation, or training related to their disability.
• Offering modified or part-time work schedules.
• Providing a job coach to assist employees in learning or remembering job tasks.
• Modifying supervisory methods, such as providing written instead of oral instructions for completing tasks.
• Reassigning employees to vacant positions if their disability prevents them from performing their current job duties.

Veterans can request reasonable accommodations at any time during the application process or employment. It is important to note that reasonable accommodations are not considered special favors but are legally protected rights.

Employment Rights for Protected Veterans

Afghanistan veterans may be eligible for protected veteran status under the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) if they meet the definition of a "protected veteran". This status entitles veterans to certain employment rights and protections.

Protected veterans have specific employment rights under two key federal laws: the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).

Rights Under USERRA:

• Protected veterans are shielded from discrimination in employment decisions, such as termination, based on their veteran status.
• Employers are prohibited from discriminating against past, present, and future members of the uniformed services, including those intending to join.
• Returning service members are entitled to prompt reemployment with their pre-service employer, including the same seniority, status, and rate of pay they would have attained if they had not left for military service.
• Employers must make reasonable efforts to help veterans returning to employment become qualified for their previous positions, regardless of whether they have a service-connected disability.
• If a veteran has a service-connected disability, employers must make reasonable accommodations to assist them in returning to their previous position or qualifying for a different one with equivalent benefits.
• USERRA applies to all employers, regardless of size, and covers part-time and probationary employees.

Rights Under VEVRAA:

• VEVRAA prohibits federal contractors and subcontractors from discriminating against protected veterans in employment decisions, including hiring, firing, pay, benefits, job assignments, layoffs, and training.
• Employers must take affirmative action to recruit, hire, promote, and retain protected veterans.
• VEVRAA protections apply to specific categories of veterans, including disabled veterans, recently separated veterans, active-duty wartime or campaign badge veterans, and Armed Forces service medal veterans.
• Federal contractors and subcontractors with contracts of $100,000 or more must comply with VEVRAA.
• Employers must make their workplaces open to Department of Labor inspectors to ensure compliance with VEVRAA.
• If a protected veteran experiences discrimination, they can file a claim with the Office of Federal Contract Compliance Programs (OFCCP).

Additional Protections for Veterans with Disabilities:

Several federal laws provide protections for veterans with disabilities, including:

• The Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against qualified applicants and employees with disabilities and requires reasonable accommodations.
• The Rehabilitation Act of 1973 (Section 501 and 503) applies similar non-discrimination standards to federal agencies and federal contractors, respectively, and mandates affirmative action to recruit, hire, promote, and retain individuals with disabilities.
• The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employers from discriminating against employees or applicants based on their military status and requires reasonable accommodations for veterans with disabilities.

Afghanistan-Related Illnesses and Disabilities:

Veterans who served in Afghanistan may be eligible for VA disability compensation if they have illnesses or health conditions connected to their service. This includes conditions such as chronic fatigue syndrome, functional gastrointestinal disorders, medically unexplained chronic multisymptom illnesses, cardiovascular signs and symptoms, muscle and joint pain, and headaches.

Discrimination Faced by Vietnam Veterans

Vietnam veterans faced a lot of discrimination when they returned from the war. They were often scorned as the war became increasingly unpopular, and there were no 'welcome home' parades for them. They were met with indifference and did not receive the benefits bestowed upon World War II veterans. The Vietnam War was the first American war with a fully integrated troop, but Black Vietnam veterans still faced racism during basic training and were disproportionately sent to the front lines, jailed, or disciplined at higher rates, and promoted less often. They were also denied support and benefits by the Veterans Affairs (VA) department.

The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA) was designed to address this discrimination and help protected veterans gain and keep employment. It prohibits job discrimination and requires federal contractors and subcontractors to take affirmative action to employ and promote qualified Vietnam veterans, recently separated veterans, and veterans who served during wartime or received a campaign medal.

To qualify as a "protected veteran" under VEVRAA, individuals must have served on active duty in the U.S. military and been discharged or released for reasons other than dishonorable. They may fall under one or more of the following categories:

• Recently separated veterans
• Active-duty wartime or campaign badge veterans
• Armed Forces service medal veterans

Frequently asked questions