NVLSP, Sidley Austin, and Hogan Lovells File Class Action Lawsuit Supporting Veterans’ Rights to Receive Retroactive Combat-Related Special Compensation

11/17/25

NVLSP, Sidley Austin, and Hogan Lovells File Class Action Lawsuit Supporting Veterans’ Rights to Receive Retroactive Combat-Related Special Compensation

FOR IMMEDIATE RELEASE: November 17, 2025

ARLINGTON, VA— On June 12, 2025, in a case brought by the National Veterans Legal Services Program (NVLSP) and Sidley Austin LLP, the U.S. Supreme Court ruled unanimously that a class of over 9000 disabled Army, Navy, Marine Corps, Air Force and Coast Guard veterans had been wrongfully denied their full retroactive Combat-Related Special Compensation (CRSC). The case challenged the Department of Defense’s (DOD) policy limiting the effective date of CRSC to 6 years prior to the date of application. The Supreme Court unanimously held that the “statutory scheme” for CRSC reflected congressional intent “to forgo a limitations period.” On August 20, 2025, DOD issued Guidance mandating implementation of that decision for veterans whose retroactive CRSC benefits had been limited to 6 years.

However, the August 20, 2025 Guidance instituted a completely new effective date for decisions issued as of that date. The Guidance cut off all retroactive CRSC benefits to the month after the application was filed.

On November 13, 2025, NVLSP, Sidley and Hogan Lovells filed a class action complaint in the United States Court of Federal Claims, on behalf of Jane Doe, and a class of current and future veterans who have been, or will be, wrongfully denied retroactive CRSC benefits due to the Guidance. The named plaintiff was denied approximately 15 years of retroactive CRSC benefits. The lawsuit asserts that the new policy is contrary to the text, structure and purpose of the CRSC statute. The lawsuit asks the court to award retroactive CRSC benefits to the named plaintiff and class members.

“NVLSP is continuing its advocacy for our nation’s veterans who incurred disabilities from their combat-related service,” said National Veterans Legal Services Program Director of Lawyers Serving Warriors® Rochelle Bobroff. “We are disappointed to see DOD respond to the unanimous Supreme Court decision overturning the DOD’s prior limitation of retroactive CRSC benefits with a new DOD policy that is equally violative of the law. We are committed to representing veterans impacted by this new policy.”

Sidley partner Tacy Flint added, “Sidley and its Veterans Advocacy Project are committed to ensuring that veterans facing combat-related disabilities receive all the benefits to which they are statutorily entitled.”

The Sidley team also includes Christopher Eiswerth, Emily Wexler, and Jacob Steinberg-Otter. The Hogan Lovells team includes Mitch Lazris, Marissa Shaw, Daniel Whalen and Zachary Sanfilippo. The NVLSP team also includes Director of Litigation Renee Burbank and Staff Attorney Amy Fulmer.

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 nvlsp.org.

About Sidley Austin’s Veteran Advocacy Project
The Veterans Advocacy Project at Sidley Austin provides legal assistance to disabled veterans seeking fair and timely benefits from the U.S. Department of Veterans Affairs and the Armed Forces. Sidley assists veterans with claims for service-connected disability compensation from the Department of Veterans Affairs. Sidley also represents veterans on claims for medical retirement benefits, combat-related special compensation, and discharge upgrades to the armed forces. In 2024, our lawyers and business professionals handled more than 100 individual matters and four class actions – totaling over 12,000 hours and serving thousands of veterans.

About Hogan Lovells
Global law firm Hogan Lovells has a long tradition of supporting ground-breaking social developments, focusing on access to justice and the rule of law. As lawyers, we recognize this commitment is part of our professional practice and collectively we spend more than 150,000+ pro bono hours per year on work to achieve lasting impact for others.

Media contacts:
For NVLSP: Patty Briotta, office 202-621-5698, patty@nvlsp.org

For Hogan Lovells: Ritchenya Dodd, 212-918-6155, ritchenya.dodd@hoganlovells.com