Supreme Court Sides with Veterans in Unanimous Ruling on Retroactive Combat Pay

In a significant victory for veterans, the U.S. Supreme Court delivered a unanimous ruling on Thursday, stating that a six-year time limit cannot be enforced on combat-related special compensation (CRSC). This decision paves the way for retroactive pay for approximately 9,000 retired service members.

A unanimous 9-0 ruling has been issued in a case concerning former Marine Corporal Simon Soto, who experienced post-traumatic stress disorder during his two tours in Iraq, where he served in mortuary affairs. Soto, who was medically retired in 2006 and received disability benefits in 2009, faced a setback as his CRSC payments were only backdated to 2010. This limitation stemmed from a time restriction under the Barring Act, which mandates that claims must be submitted within a six-year window.

The administration contended that this six-year limitation was also relevant to CRSC claims. However, the justices did not agree.

In a recent opinion, Justice Clarence Thomas articulated that the CRSC law “displaces the Barring Act’s six-year time limit,” indicating that the lower court made a mistake by imposing an unwarranted limitation. This significant ruling ensures that Soto will receive two additional years of compensation, retroactive to 2008, the year Congress expanded CRSC to include medically retired veterans with fewer than 20 years of service.

This ruling could provide significant advantages for thousands of veterans. Individuals owed up to $10,000 in back pay belong to the Soto class, whereas those with larger claims are associated with the related Paige v. USA case, which was pending the results of Soto.

The National Veterans Legal Services Program (NVLSP) and Sidley Austin LLP provided representation for the class at no cost. According to NVLSP Litigation Director Renee Burbank, the government may be liable for $50 million or more in total, contingent upon the individual circumstances of each veteran.

“This ruling is conclusive,” Burbank stated to Military.com. “There’s no flexibility.” This concerns the pursuit of justice for countless veterans who dedicated themselves and made sacrifices.

This represents the most recent development in a succession of Supreme Court rulings that uphold veterans' benefits, following last year’s Rudisill v. McDonough decision regarding expanded GI Bill eligibility.

Veterans impacted by Thursday’s ruling can anticipate the government to handle their retroactive payments in the upcoming months.