Released 1/27/25 | Tags:
U.S. Supreme Court Grants Review of Class Action Brought by over 9,000 Combat-Disabled Veterans Who Were Denied Full Retroactive Compensation
FOR IMMEDIATE RELEASE: January 27, 2025
ARLINGTON, VA – On January 17, 2025, the U.S. Supreme Court granted the petition for certiorari in Soto v. United States filed by pro bono counsel Sidley Austin LLP and the National Veterans Legal Services Program (NVLSP). The petition was filed on behalf of Mr. Simon Soto and a class of approximately 9,000 Army, Navy, Marine Corps, Air Force, and Coast Guard veterans who were granted Combat-Related Special Compensation (CRSC) by the military departments, but denied the full amount of retroactive CRSC because the military claimed that the Barring Act places a six-year ceiling on the amount it could pay in retroactive CRSC. The Supreme Court’s order provides that its review will focus on whether the Barring Act applies to CRSC payments. CRSC provides monthly tax-free payments, including retroactive benefits, to veterans with combat-related disabilities who were retired by the military.
Mr. Soto served in the United States Marine Corps from August 2000 to April 2006. Mr. Soto was diagnosed with post-traumatic stress disorder (PTSD) as a result of his service in Mortuary Affairs. Ultimately, Mr. Soto was medically discharged due to his PTSD in April 2006, was initially placed on the Temporary Disability Retirement List (TDRL), and thereafter was awarded permanent medical disability retirement. In June 2016, Mr. Soto applied for CRSC, which he was awarded in October 2016. However, the Navy limited its payment to Mr. Soto to only six years of retroactive CRSC in reliance on the Barring Act.
NVLSP and Sidley Austin filed the lawsuit in 2017 on behalf of Mr. Soto and a class of similarly situated veterans who were denied more than six years of retroactive CRSC. On February 11, 2019 the U.S. District Court for the Southern District of Texas granted class certification. On December 16, 2021 the Court rejected the military’s rationale and ordered the government to pay all former service members whose amount of CRSC payment was limited by the government’s application of the Barring Act and who were owed an additional amount of CRSC of $10,000 or less. The Court’s jurisdiction is limited to lawsuits against the government seeking a maximum of $10,000. The government appealed to the Federal Circuit which reversed the lower court’s ruling. NVLSP and Sidley filed their petition with the Supreme Court in September 2024 to vindicate the rights of thousands of combat-disabled war veterans.
“We are gratified that the Supreme Court has agreed to take up this critical matter involving the cruel denial of justice that wrongfully deprived thousands of combat-disabled veterans the full compensation that they earned in defense of our country,” said NVLSP Executive Director Paul Wright. “We are hopeful that Mr. Soto and thousands of other veterans will finally receive the full benefits that are long overdue.”
“We are honored to represent this incredibly deserving class of military veterans: those who have been both injured in the line of duty and who retired from the miliary after having served at least twenty years or were medically retired,” said Sidley partner Simone Jones. “Combat-Related Special Compensation was created with the goal of ensuring that our Nation recognizes and compensates these individuals for their exemplary service, and we look forward to representing them before the Supreme Court to ensure that they receive the entirety of the benefits they are entitled to.”
The Sidley team includes J. Simone Jones, Tacy Flint, Emily Mily Wexler, Ankur Shingal, Lakeisha Mays, and Camille Sanches.
The NVLSP team includes Co-Founder/Special Counsel Barton Stichman, Director of Lawyers Serving Warriors® Pro Bono Program Rochelle Bobroff, and Director of Litigation Renée Burbank.
The National Law School Veterans Clinic Consortium filed an amicus brief in support of the petition for certiorari.
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