FOR IMMEDIATE RELEASE: June 13, 2025
Arlington, VA – On June 12, 2025, the U.S. Supreme Court ruled unanimously in favor of a class of over 9000 disabled Army, Navy, Marine Corps, Air Force and Coast Guard veterans who were wrongfully denied their full retroactive combat-related special compensation (CRSC). The class is represented by pro bono legal counsel Sidley Austin LLP and the National Veterans Legal Services Program (NVLSP).
The lead plaintiff in the case, Mr. Simon Soto, served in the United States Marine Corps from August 2000 to April 2006, with two tours of duty in Iraq where he searched for, recovered, and processed remains of war casualties. From his service, Mr. Soto was diagnosed with post-traumatic stress disorder (PTSD), was medically discharged, and awarded permanent medical disability retirement. In 2016, Mr. Soto applied for CRSC, which the Navy granted. However, the Navy limited its payment to Mr. Soto to only six years of retroactive pay, relying on a statute of limitations in a federal law called the Barring Act.
The Supreme Court unanimously held that there is no six-year cap on retroactive CRSC payments. Justice Clarence Thomas, writing for the Court, explained that “where, as here, the statutory scheme involves a small group of particularly deserving claimants, it is not extraordinary to think that Congress wished to forgo a limitations period.”
“Because of this decision, thousands of combat-disabled veterans will finally receive the full amount of the compensation they earned through their service and sacrifice.” said NVLSP Executive Director Paul Wright. “We are grateful that the Supreme Court recognized that Congress intended veterans to receive the full amount of their combat-related special compensation, no matter when they seek it.”
“The Court’s ruling ensures that combat-disabled veterans will receive all the combat-related special compensation they are entitled to by law,” said Sidley Austin partner Tacy Flint, who argued the case. “Our firm has had a long tradition of representing veterans. We are thrilled that thousands of veterans will benefit from this critical decision.”
The Sidley team includes Tacy Flint, Emily Mily Wexler, J. Simone Jones, Nathaniel Love, Ankur Shingal, Lakeisha Mays, Camille Sanches, and Kimberly Quick.
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.
History
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 December 16, 2021, the U.S. District Court for the Southern District of Texas 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. NVLSP and Sidley Austin have also filed a parallel suit on behalf of veterans with claims over $10,000.) On appeal, the Federal Circuit 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. The Supreme Court heard oral arguments on April 28, 2025 on the Soto case.
Veterans who believe they are part of the Soto class may contact us at crsclawsuit@nvlsp.org for more information.
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