Hello
@StealthscrapE
Reference: The case is Soto v. United States, S.D. Tex. 17-cv-00051.
The case you mentioned is outlined below:
Federal Court Orders United States Government to Pay Full Amount of Combat-Related Special Compensation to Approximately 9,000 Veterans
FOR IMMEDIATE RELEASE -December 17, 2021
WASHINGTON – On December 16, 2021, a federal court in Texas ordered the government to make retroactive payments of Combat-Related Special Compensation (CRSC) to a class of approximately 9,000 Army, Navy, Marine Corps, and Air Force veterans who had not received the full amount of CRSC they were owed because the military illegally imposed a 6-year ceiling on the amount it would pay in retroactive compensation. The class is represented by the National Veterans Legal Services Program (NVLSP) with the pro bono assistance of Sidley Austin LLP.
“The Court’s decision today corrects an injustice to thousands of veterans with combat-related injuries and illnesses who risked their lives in time of war,” said NVLSP Senior Staff Attorney David Sonenshine. “We are grateful the Court rejected the government’s attempt to shortchange disabled veterans from the full payment they earned through their service.”
Combat-Related Special Compensation provides tax-free payments to retired veterans with combat-related disabilities. However, the military denied veterans CRSC payments for the entire period of their military retirement, instead limiting payments to up to six years before the veteran applied for CRSC. The military based its denial of benefits on the Barring Act, a federal law that directs how the government can settle or pay claims when no other settlement authority exists.
The U.S. District Court for the Southern District of Texas rejected the military’s rationale. “The CRSC Statute provides its own settlement mechanism,” the court explained, and therefore “the Barring Act does not apply.” The court ordered that the government must pay all former service members whose amount of CRSC payment was limited by the government’s application of the Barring Act, and who are owed less than $10,000. The court’s jurisdiction is limited to claims of less than $10,000; NVLSP and Sidley have filed a similar class action lawsuit on behalf of veterans owed $10,000 or more in the United States Court of Federal Claims, Paige v. U.S.
“This win is particularly gratifying. My Dad served in Vietnam and was known in our hometown as being a strong supporter of his fellow United States military veterans, assisting them with filing for and securing the benefits to which they were entitled. He passed away a few years ago, but this victory for thousands of deserving veterans – women and men injured while defending their country – is my way of continuing the important work that was near and dear to his heart,” said Sidley Austin Attorney J. Simone Jones.
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Your CRSC letter included: "Any questions relating to the payment of this claim
must be addressed to DFAS who is the pay authority for CRSC." However, you brought up a good point. If the DFAS intends to pay for the period prior to the six-years, they will need the actual effective date (which your orders do not include at this time if I read your post correctly). You will need an amended CRSC approval decision to make it work I would start by writing your CRSC board at the address in your letter of approval and cite the Soto Decision, which is relatively recent.
I don't know which service was yours, but the Army HRC
still shows: "
Note: There is a Six Year Statute of Limitations: CRSC is subject to the 6-year statute of limitations, 31 U.S.C., Section 3702(b). In order to receive the full retroactive CRSC entitlement, you must file your CRSC claim within 6 years of the date of any VA rating decision that could potentially make you eligible for CRSC or the date you become entitled to retired pay, whichever is more recent. If you file your claim more than 6 years after initial eligibility, you will be restricted to 6 years of any retroactive entitlement. Any questions relating to the payment of this claim must be addressed to Defense Finance and Accounting Service (DFAS) who is the pay authority for CRSC.
*The six-year statute of limitations extends backwards from the original date of application where the retiree meets all eligibility requirements."
Ron
