A recent U.S. Supreme Court case could significantly benefit retired military members. The U.S. Supreme Court issued an opinion in Soto v. United States on June 12, delivering a massive win for military retirees seeking back pay of combat-related special compensation (CRSC), a program that allows qualifying retired military members receiving disability compensation through the Department of Veterans’ Affairs to avoid having to relinquish a portion of their retired pay in exchange for disability compensation.

In a class-action lawsuit filed on behalf of veterans who received only six years of back payments, the lawsuit argued that the procedures outlined in the CRSC statute rendered the six-year cap on payments imposed by the Barring Act inapplicable. Prior to the ruling, the U.S. government exercised its rights to settle claims against the government under the default procedures contained within the Barring Act, which limited payments to six years from the date the claim accrued.

These default procedures often resulted in the government refusing to pay claims beyond the six-year statute of limitations or members having to seek a waiver of the Barring Act through the respective service Secretaries. The ruling that was handed down now opens the door for thousands of medically retired veterans to seek retroactive compensation beyond the traditional six-year window, potentially resulting in thousands of dollars being owed to the veteran after holding that the CRSC statute does not include a statute of limitations or otherwise limit the number of months for which an applicant may be paid, and that the Barring Act was inapplicable to claims brought forth under the statute authorizing CRSC.

The ruling will also allow those veterans who previously applied for and were granted CRSC eligibility and who may have been subjected to the Barring Act’s limitations to seek retroactive compensation dating back to the day upon which the member was placed on the retired rolls of their branch of service.

For those veterans who believe they may be owed retroactive CRSC payments, they will need to take independent action to ensure they receive any payments owed, as it is unlikely that the government will take action on its own to inform those members that they are eligible for back pay due to application of the Barring Act.

Any veteran who believes that they may be eligible for back pay is advised to consult with an experienced attorney who has knowledge of the CRSC program and can navigate the maze created by the various government agencies responsible for settling such claims, as the process can be complex.

Tully Rinckey attorneys understand that matters relating to combat-related back pay can be challenging, and they will handle your matter with the attention it deserves. If you have additional questions about combat-related back pay, and how it relates to military personnel, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation or schedule a consultation online.

Eric Duncan is an Associate in Tully Rinckey PLLC’s Buffalo office, where he focuses his practice around military law. Prior to joining Tully Rinckey, Eric served in the Infantry of the United States Marine Corps. After transitioning from military service, Eric completed law school, where he conducted research into veteran groups and resources and worked as a founding member of the Veterans Legal Practicum at the University at Buffalo School of Law. Eric takes pride in defending our nation’s men and women in uniform. He can be reached at (716) 439-4700 or at info@tullylegal.com.