United States Supreme Court (Photo: Wally Gobetz)
Thousands of disabled Veterans may soon receive additional retroactive compensation after the U.S. Supreme Court unanimously ruled that the military improperly capped payments through the combat-related special compensation, CRSC, program.
The ruling in Soto v. United States stems from a class action lawsuit led by Marine Corps Veteran Simon Soto, who served six years on active duty, including in Mortuary Affairs, recovering war casualties. Soto developed post-traumatic stress disorder from his work and was medically retired in 2006. Even though he qualified for CRSC, the government capped his retroactive pay at six years, citing the Barring Act, a federal law that sets a six-year limit on most claims filed against the government.
The lawsuit, supported by the National Veterans Legal Services Program and Sidley Austin LLP, argued that the Barring Act’s six-year limit did not apply to CRSC claims. Soto and other Veterans contended that the CRSC statute qualified as “another law” under the Barring Act’s exceptions, meaning the time limit should not apply.
The case has been ongoing since 2017, with lower courts divided. A federal district court originally ruled in Soto’s favor, but the Federal Circuit later overturned that decision, arguing that the CRSC statute did not include specific language to bypass the Barring Act.
The Supreme Court unanimously rejected that argument in an opinion delivered by Justice Clarence Thomas. The Court explained that Congress is not required to use “magic words” to express its intent, stating, “The [CRSC] statute authorizes the secretary concerned to determine claimants’ eligibility according to specific criteria, and those criteria say nothing about time limits.”
Thomas wrote that it was reasonable to conclude lawmakers did not plan to impose strict deadlines because Congress intended the payments for a “small group of particularly deserving claimants.” The justices agreed that the CRSC statute is “another law” allowing retroactive payments beyond the six-year limit.
The National Veterans Legal Services Program estimates that the ruling could help more than 9,000 disabled Veterans. In a statement, NVLSP Executive Director Paul Wright said the decision will guarantee Veterans receive the full compensation they earned through their service and sacrifice.
Veterans who think they may qualify for additional compensation are encouraged to contact the NVLSP or their legal representatives for guidance on next steps. The case now returns to the Federal Circuit for further proceedings in line with the Supreme Court’s decision.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted family connection to the military, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.