NVLSP Issues FAQ for Veterans on Retroactive Combat-Related Special Compensation (CRSC) under Supreme Court Unanimous Ruling on Soto v. United States
On June 12, 2025, the U.S. Supreme Court ruled unanimously in favor of a class of over 9000 disabled Army, Navy, Marine Corps, Air Force, and Coast Guard veterans who were wrongfully limited to six-years of retroactive combat-related special compensation (CRSC). The Supreme Court unanimously held that there is no six-year cap on retroactive CRSC payments.
On August 25, 2025, NVLSP published a Frequently Asked Questions (FAQ) guide regarding the Soto case. These questions include:
- Which Veterans will Benefit?
Veterans who (1) have been granted CRSC benefits, (2) qualified for retroactive CRSC benefits for a period longer than six years from the date they filed for CRSC, and (3) whose retroactive benefits were limited to only six years from the date of their initial application.
- How do I know if I am a member of the Soto class?
In 2021, DOD sent notices to approximately 9,000 individuals who were identified as belonging to the Sotoclass at that time.For veterans who were retired, obtained service connection, or received a CRSC decision after the 2021 notice to class members, there has not been any class notice. A detailed review of files would be required to determine whether a veteran is a class member.
- Will retroactive benefits be the same as current CRSC benefits?
Probably not. CRSC rates are based on VA compensation rates and there has been a cost-of-living adjustment most years. Rates paid in 2025 are different than rates paid, for example, 10 years ago.
- What is being done to implement Soto?
Counsel for the military has stated in a court filing in mid-August 2025: “The Department of Defense (DoD) is in the process of drafting a directive to the military branches and the Defense Finance and Accounting Service (DFAS) with guidance for implementing the decision in Soto both retroactively to individuals who have had the Barring Act applied to their Combat Related Special Compensation (CRSC) claims and prospectively with respect to future CRSC claims."
About The National Veterans Legal Services Program (NVLSP)
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 18 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $5.6 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. www.nvlsp.org.
No comments:
Post a Comment
Got something to share? Nothing commercial or off-topic, please.