Released 1/10/25 | Tags:
NVLSP Issues Updated FAQ for Navy and Marine Corps Veterans Who Have Received Decisions from the Springs v. Del Toro Correction Board
FOR IMMEDIATE RELEASE- January 10, 2025
ARLINGTON,VA – The Navy has begun issuing decisions to over 3,000 Navy and Marine Corps veterans who are class members in litigation that challenged improper denials of medical retirement benefits. The National Veterans Legal Services Program (NVLSP) has issued an updated Frequently Asked Questions (FAQ) guide for veterans who have been granted or denied relief and outlines benefits and costs associated with retroactive medical retirement.
The Navy unlawfully denied medical retirement benefits by refusing to treat “Category II” conditions as unfitting. NVLSP and pro bono counsel at Dechert LLP filed the class action lawsuit Springs v. Del Toro to seek relief for those veterans, leading to a landmark order, requiring the Navy to treat Category II conditions as unfitting for all affected class members. (NVLSP previously published an FAQ in April 2024, providing interim guidance on the expected process for issuing new decisions).
For veterans offered medical retirement, important considerations include:
• Recoupment of Survivor Benefit Plan (SBP) back premiums: If the veteran elects SBP, they will immediately owe premiums dating back to the date of discharge. A veteran may agree to be medically retired and decline SBP.
• Recoupment of Disability Severance Pay: If the veteran received a disability severance payment that has not been fully recouped by the VA or that was not recoupable by the VA, they will need to pay the unrecouped portion back to the government in order to receive a medical retirement.
• Loss of Eligibility for CHAMPVA: Once the veteran is medically retired and becomes eligible for Tricare health coverage, they will lose eligibility for CHAMPVA health care benefits. Tricare may be more generous than CHAMPVA.
Benefits of medical retirement include: lifetime monthly disability retired pay (unless offset by VA disability compensation); lifetime military healthcare for the veteran, spouse, and minor children; access to military commissaries and post exchanges; potential eligibility for Combat-Related Special Compensation (CRSC); and other retirement benefits. For many veterans, the benefits from medical retirement are greater than the costs.
Veterans informed that their records were not corrected may appeal to the Board for Correction of Naval Records (BCNR).
“We are thrilled to see that the Navy is finally reviewing these veterans’ cases and offering many of them the critical medical retirement benefits they were previously denied,” said NVLSP Staff Attorney Matthew Handley. “But before these class members decide whether to accept, opt out, or appeal the Navy’s decision, we want to ensure they are made aware of the impact these decisions may have on their access to benefits. We encourage affected veterans to review the new FAQs and email us at LSW.ClassAction@nvlsp.org with any questions or concerns.”
“Ultimately, we want veterans to make well-informed decisions for their individual situations,” added Handley.
About The National Veterans Legal Services Program (NVLSP)
The National Veterans Legal Services Program (NVLSP) is an independent, nonprofit veterans service organization that has served active duty military personnel and veterans since 1981. NVLSP strives to ensure that our nation honors its commitment to its 18 million veterans and active duty personnel by ensuring they have the benefits they have earned through their service to our country. NVLSP has represented veterans in lawsuits that compelled enforcement of the law where the VA or other military services denied benefits to veterans in violation of the law. NVLSP’s success in these lawsuits has resulted in more than $5.6 billion dollars being awarded in disability, death and medical benefits to hundreds of thousands of veterans and their survivors. NVLSP offers training for attorneys and other advocates; connects veterans and active duty personnel with pro bono legal help when seeking disability benefits; publishes the nation's definitive guide on veteran benefits; and represents and litigates for veterans and their families before the VA, military discharge review agencies and federal courts. For more information go to www.nvlsp.org.
Media contact:
Patty Briotta, office 202-621-5698, patty@nvlsp.org