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In a major win for veterans, the U.S. Supreme Court ruled unanimously against the federal government in a case that could result in thousands of medically retired service members receiving long-overdue combat-related special compensation (CRSC). The decision clears the way for an estimated 9,000 veterans to claim thousands of dollars in retroactive payments.
The case featured Marine veteran Simon Soto. He served two tours in Iraq in mortuary affairs and developed post-traumatic stress disorder (PTSD) as a result. He medically retired in 2006 and received a VA disability rating in 2009. In 2016, Soto applied for CRSC—a benefit that provides additional pay to those medically retired due to service-connected conditions. While his compensation was approved, the government limited his retroactive pay to six years, citing the Barring Act, which generally sets deadlines for filing claims.
However, the Supreme Court concluded that the Barring Act does not apply to CRSC claims, explaining that Congress had created separate rules for CRSC, and the lower court erred in applying an undue limitation. What does this mean for Soto and other veterans? They are now entitled to additional retroactive payments going back to 2008—the year Congress expanded CRSC eligibility to those with fewer than 20 years of service.
It is a landmark ruling that we expect will benefit thousands of veterans who were improperly denied retroactive CRSC due to the six-year limit. We estimate that many could receive as much as $10,000 or more in back pay. The decision sends a strong message that the government must honor veterans’ rights to these hard-earned benefits without imposing unfair barriers, and at Gang & Associates we are proud to see justice prevail for our nation’s bravest.
Don’t Leave Money on the Table — Let Our VA Disability Lawyers Help
If you or a loved one may be entitled to combat-related special compensation or other veterans’ disability benefits, now is the time to act. At Gang & Associates, our VA disability lawyers are committed to helping veterans secure the benefits they deserve. Our experienced team can review your case, guide you through the claims process, and fight for the maximum compensation owed to you. Contact us today for a free consultation.