To be protected under the Vietnam Era Veterans' Readjustment Assistance Act, a veteran with a disability must meet the statutory definition of "special disabled veteran" for contracts and subcontracts entered into with the Federal government before December 1, 2003 and "disabled veteran" for those contracts entered into on or after December 1, 2003.

A "disabled veteran" means a veteran who served on active duty in the U.S. military ground, naval, or air service who (1) is entitled to disability compensation (or who but for the receipt of military retired pay would be entitled to disability compensation) under laws administered by the Secretary of Veterans Affairs, or (2) was discharged or released from active duty because of a service-connected disability. See 41 CFR 60-300.2(n) of the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended.