Email to a friend

MSPB Rules Favorably on Combat Benefits

A new ruling from the Merit Systems Protection Board will make it easier for federal employees who suffered combat-related injuries to receive more disability compensation.

The law firm Tully Rinckey said July 21 that William Barth wanted to receive Combat Related Special Compensation (CRSC) benefits, but to be eligible he first needed his military service time to be subtracted from his civil service annuity calculation.

He asked the Office of Personnel Management in October 2008 for such a separation, but OPM ignored his request for more than a year.

After Sen. Jim Webb, D-Va., contacted OPM on his behalf, the agency sent him a one-paragraph denial, and later denied Barth’s request for reconsideration.

MSPB on July 14 found OPM did not justify its denial of Barth’s request, and ordered OPM to separate his periods of military and civil service in calculating his Federal Employees Retirement System annuity. This would allow Barth to complete the requirements to get the combat-related injury benefit, and he would receive all retroactive payments he is owed, assuming OPM does not successfully appeal the decision.

“The ruling in this case will not only allow…Mr. Barth to apply for CRSC monthly payments for his combat-related injuries, but will allow thousands of veterans suffering from combat-related injuries to file the same request for separation,” Barth’s attorney, Michael Macomber, said in a statement.


Attorney Locator

Find an attorney near you.
Click below.

Contact Us

  • Certification matters for disabled vets

    For Anthony Kuhn, a Buffalo-based partner at Tully Rinckey PLLC, helping disabled veteran business owners is a way to give back. After all, he can relate. “I’m a disabled combat veteran,” Kuhn said, adding that he’s been in the Army for …

Read All

  • Free Download: EEOC 2016 Update White Paper

    You Could Be Sharing Confidential Info and Not Even Know It Tully Rinckey’s white paper details the Equal Employment Opportunity’s (“EEOC”) nationwide change to procedure that has gone largely unnoticed. The new procedure applies to Charges filed on or after …

Read All

Read All

Read All