SUPREME COURT UNANIMOUSLY RULES AGAINST TIME LIMITS FOR COMBAT-RELATED SPECIAL COMPENSATION
On June 12, 2025, the U.S. Supreme Court ruled unanimously against the federal government that Combat-Related Special Compensation (CRSC) backpay could not be limited to six years. The six year ruling to backdate CRSC was based on the Baring Act, but the court determined the Barring Act did not apply. And now approximately 9,000 Veterans are set to receive extended back pay benefits.
Class Action Suit Over Combat-Related Special Compensation
The class action suit stemmed from Simon Soto. He enlisted in the Marine Corps in 2000, and served two tours in Iraq in mortuary affairs. He developed post traumatic stress disorder from his time overseas and was medically retired from the military in 2006.
In 2009, Soto applied for VA disability benefits. Then, in 2016, he applied for CRSC. He was awarded CRSC, and was backdated compensation for six years.
Government attorneys argued that the Barring Act, which established the six-year deadline for the submission of disability claims and said combat-related special compensation decisions, should also be limited to six years. The Supreme Court Justices did not agree with the government. Now, back pay will be extended to 2008, when CRSC was created.
The class members in the Soto case include Veterans who are owed up to $10,000 in back-pay. A separate case, Paige vs. USA, for members who are owed more than $10,000 in back pay, was put on hold awaiting the Soto decision.
How Veterans Enrolled in CRSC Are Affected
The ruling is for a class action lawsuit for Veterans who meet the qualifications of being enrolled in Combat-Related Special Compensation and received six years of compensation, but would have been eligible for more if it was not for the six year time limit.
Veterans who are enrolled in CRSC have gone through the process of applying for CRSC and getting approval from their branch. They should already know if their CRSC backpay went back six years when they initially filed for VA disability benefits.
Renee Burbank, director of litigation at National Veterans Legal Services Program, said the unanimous decision by the Supreme Court in the Soto case sends a clear message that Veterans who qualify for additional retroactive combat-related special compensation should receive it without question.
"There is not wiggle room for the government to say, 'Well, actually, here's why these folks don't get paid.' And also, because it's a class action, this relief should be going directly to all of the class members. It's not one case," Burbank said.
Defense Finance and Accounting Services (DFAS) manages CRSC and will be notifying Veterans about an update to their compensation, but if Veterans do not hear from DFAS they can contact them directly.
What is Combat-Related Special Compensation?
CRSC is a monthly benefit for medically retired Veterans with combat-related disabilities.
Without CRSC, Veterans who are eligible for both retirement pay and disability compensation have their retirement pay reduced by the amount of disability benefits they receive.
If a Veteran is approved for CRSC, a member receives an additional payment from their branch for the amount that was dollar for dollar matched for VA disability. This allows members to receive their full military retirement and VA disability benefit.
Who is Eligible for Combat-Related Special Compensation?
You may be eligible for Combat-Related Special Compensation if you meet the requirements listed below.
All of these must be true:
- You’re retired (and entitled to or receiving military retirement pay), and
- You have a VA disability rating of at least 10%, and
- You currently have your DoD retirement payments reduced by the amount of your VA disability payments.
One of these must be true:
- You had 20 or more years of service in the military, National Guard, or Reserve, or
- You retired for medical reasons with a disability rating of at least 30% (under Chapter 61), or
- You’re covered under the Temporary Early Retirement Act (TERA), or
- You’re on the Temporary Disability Retired List (TDRL), or
- You’re on the Permanent Disability Retired List (PDRL).
How Do You Apply for CRSC?
Fill out a claim for Combat-Related Special Compensation (CRSC) (DD Form 2860). Send your completed application, along with any supporting documents, to your uniformed service.
Don’t send original supporting documents since your uniformed service won’t return them. Send copies only.
It is also recommended that you make a copy of your completed application for your own records.
What Documents Will You Need to Provide?
When you apply for CRSC, you’ll need to provide evidence that proves your disability or injuries are a result of a combat-related event.
The following documents are accepted:
- Service medical records. These records must be from when your injury occurred, and need to show the severity of your condition, and that it’s combat-related.
- Official service records. This includes After Action Reports, Investigative Reports, personnel action requests, and performance evaluations.
- Decorations and award recommendations. These include Purple Heart citations, Combat Action Badges, medals, and decorations for valor.
- Retirement records.
- Your VA decision notice.
- Your DD214.
You can request the documents you’ll need by sending the VA a request in the form of a note or letter. Be sure to ask for “my VA rating decision letter,” and sign your name.
Then, send your request to your nearest VA regional office.
How Long Does it Take for CRSC to be Approved?
Once you submit your CRSC application, it takes about 60 to 90 business days for your claim to be processed.
If your application is approved, DFAS will perform an audit to see if you qualify for back pay. CRSC will now be back dated to 2008, instead of six years.
If your application is denied, or you disagree with the amount of benefits you were awarded, you can file an appeal ("reconsideration") with your military branch.
Veterans Are Fighting For Their Benefits
Veterans have advocated on Capitol Hill for the expansion of benefits for Veterans, including the PACT Act passed in 2022 and the Major Richard Star Act that is currently going through Congress as a bill.
There have also been court cases in the past two years, like this class action lawsuit, where Veterans have found the court siding with their claim to benefits that were denied by the government.
This recent Supreme Court ruling is another example of Veterans fighting for their rights, and the compensation that they deserve. The unanimous decision by the Supreme Court in the Soto case advocates for Veterans, clarifying that those who qualify for additional retroactive combat-related special compensation should be rightfully compensated.
Suggested reads:
