Combat-Injured Veterans Challenge Six-Year Limit on CRSC Back Pay
If you’ve ever tried to get Combat-Related Special Compensation (CRSC) retroactively and been told, “Sorry, six years is the limit,” you’re not alone — and you might finally be getting your day in court.
Literally.
The U.S. Supreme Court is now set to hear Soto v. United States, a landmark case that could potentially blow open the doors for thousands of veterans to recover years of unpaid combat-related benefits.
And if this case goes the way many hope it will?
It could mean thousands of dollars in back pay for those who’ve been wrongfully cut off — all because of a bureaucratic deadline that no veteran was ever warned about.
What’s This Case All About?
Let’s break it down. First, the basics:
Combat-Related Special Compensation (CRSC) is a tax-free benefit meant for medically retired veterans with combat-related injuries. It’s designed to correct the “concurrent receipt” penalty — where disabled retirees had to choose between VA disability pay or military retirement pay.
CRSC says, “You earned both. You should get both.”
Now here’s the kicker: if you don’t apply for CRSC benefits within six years of becoming eligible, the Department of Defense invokes the “Barring Act” — a quiet little law that limits how far back they’ll pay you.
In plain English?
If you were eligible for CRSC in 2010 but didn’t apply until 2020, the DoD says:
“Cool. We’ll pay you from 2014 forward. The rest? Gone forever.”
Who Is Cpl. Simon Soto?
Enter Marine Corps veteran Simon Soto, a retired corporal who served in mortuary affairs during two tours in Iraq. He developed severe PTSD, was medically retired, and later learned he was eligible for CRSC.
But when he applied, he was told he’d only get six years of back pay, even though he should’ve been eligible for much more.
His argument is simple:
Veterans aren’t told about the six-year limit.
There’s no warning, no bold red notice on the application, no letter from the VA or DoD.
So why are they being punished for not filing sooner?
What’s at Stake for Disabled Veterans?
If the Supreme Court rules in favor of Soto, it could:
- Set a precedent that eliminates or limits the Barring Act’s application to CRSC
- Allow thousands of veterans to claim full retroactive benefits
- Put millions in withheld compensation back in the hands of those who earned it
- Force the DoD and VA to better notify veterans of their rights
This isn’t just a legal technicality. This is a lifeline for veterans who are living with lifelong injuries — and have been denied the full financial support they deserve.
Why This Case Matters (And Why You Should Care)
Here’s the raw truth: most veterans only find out about CRSC years after retirement — often through word of mouth, advocacy groups, or sheer luck.
The result? Thousands of dollars lost due to a rule they never even knew existed.
“Veterans were not provided notice or understanding of this six-year rule … We served. We were broken. And now they tell us ‘you should’ve known better.’” ~ Retired Cpl. Simon Soto, speaking through legal counsel (source)
The government argues the Barring Act is about fiscal responsibility.
But what about the government’s responsibility to the people it sent into combat?
What You Can Do Right Now?
Whether you’re directly impacted or just want to stay ahead of the curve, here’s what to do:
- Check Your CRSC Status
If you’re medically retired with a combat-related injury, verify your eligibility for CRSC — even if you’ve never applied. - File a Claim or Appeal
Did you get back pay capped at six years? You might want to consider reopening your claim or filing an appeal, especially if this case rules in favor of veterans. - Contact Your Rep
Make sure your lawmakers know this issue matters. The more public pressure, the faster change can come — whether through the courts or Congress. - Talk to a VSO
Veteran Service Officers are trained to help you navigate CRSC and any appeals tied to retroactive compensation. Don’t DIY this.
This Isn’t Just About One Vet …
This case isn’t about paperwork. It’s about decades of overlooked service, of being medically discharged and left to survive on a fraction of what was earned.
It’s about honoring the full promise made to combat-injured vets.
If the Supreme Court gets this right, it could send a loud message: “No more loopholes. No more silent deadlines. Veterans deserve better.”
And if they don’t?
Well, then it’s time for Congress — and the American people — to step in and fix it themselves.
Because combat doesn’t end when the bullets stop.
And neither should the benefits that were promised for surviving it.
Whelp little late. The arguments were heard April 28 and unanimous decision was published June 12 in favor of veterans and elimination of the 6 year limit based on barring act.
This is for retired military, either 20yrs or medically retired like myself Iraq and father from Vietnam. We were forced to choose retirement or VA check. we didn’t find out until November. it was difficult to find someone to help us apply. A VSO won’t help. You need an RSO on a military base. it’s a check from DFAS separate of VA. For me it will only be around 250 a month. still waiting. but getting more than 6yrs backpay would be great. especially if they go to when I was medically retired in 2013. I hope he wins. The court heard the case April 28th. we should get the decision end of June or early July. So many medically retired that can prove their injury is a direct result of combat with the enemy don’t know they qualify.
Here is a calculator that is fairly accurate. Several variables determine your rate. https://www.crsccalculator.com/
PS already decided 9-0 in favor of Soto and veterans, no more 6 years.
yes, I waited one year to have a stent procedure done. now, I’ve been waiting 6 months for treatment for tennis elbow but they want me to do at least 2 weeks of PT, wear a brace and erode my quality of life. when all I had to do is see an orthopedic doctor and get a cortisone injection. now the VA has spent more on x-ray, mri, medical visits.
They could fix you right up and fast. However, they’d rather send you through flaming hoops to no end just to feed their bogus, merry-go-round system. Complete scam all at the expense of the taxpayer.
i was left at 10% aftdr i got back from viet-nam. waz left with 10%till 2007 then i got 100% soon.after that + 100 %social s.
I wouldn’t Vietnam 69 to 70 I say radio man with commander landing ship squadron two we ran up and down supplying all bases in the big Delta from the river on our flat bottom boats getting out of the service in 70 they weren’t too many people cheering you or telling you what to do versus knowing about VA benefits. I started to file in in 2000 when someone told me that I was probably eligible for benefits. I am now being paid at the hundred percent mark after 15 years of filing exams, but I am wondering if I am eligible since I never knew about any of this back in New York about filing for Agent Orange PTSD wondering if there is anything I could or should do thank you to prove I was in combat I was awarded Navy achievement metal with combat V.
You have to be retired. You have to be eligible for retired pay and have any amount of that pay offset by the Va waiver lastly need combat related disabilities.
I left the reply because I have PTSD my disabled vet I also get disability from the VA now with this new stuff that you coming out with does that include what happened when I was overseas and is it going to affect my VA disability if I sign up for this
The frauds at the fake healthcare system simply pretend to provide healthcare in many cases. They minimize complaints about pain levels and the severity of conditions so they can avoid paying to fix it. On top of that, gross incompetence and malfeasance.
A federal judge in Washington did rule in my favor in a claim I appealed in 2004 but the WACO REGINAL REDACTED The appealed decision. The judge said because I was denied He would pay me back to 1974.The claim was for Ptsd and r residuals of agent orange.
Multiple layers of denial of care at VHA. By God it rarely ever makes it past the doctor much less many layers of beaurocracy hellbent on denying care for anything that costs over $1,000, service connected or not, medically necessary or not. No denial of care letter either. Word of mouth or they just ignore you. It all gets swept under the rug.
I wasn’t told anything about a 6year limit.
I had to leave the military due to disability and I was hoping they would keep me for training new recruits or behind a desk to continue to serve.
so if I have PTSD and my eligible for this to through the military and can I still get my disability with this is there a phone number that you can send me in my email
They can kick you out of the VHA for basically nothing, because they don’t like you, or they can be rude and cause you to leave and sweep it under the rug. Total insubordination and lawlessness and no reprocussions. This isn’t a functional democracy.
Shots and pills is about all that can be had easily at VHA, and they can even make that difficult. Folks, this is a scam of historical proportions. Just think of all the healthcare we could have if they weren’t paying 400,000 plus people to pur on a theater performance. They abuse, they have lie, they don’t carry out the law, they violate rights, our courts are not respectable.
Hi I’m a military widow and my husband passed during the 2019 covid had military service injuries and died prematurely. I have been doing my best for the past 6 years now understanding and educating myself with the VA language. I’m still not understanding all that is entitled for me and our daughter. I do get the DIC, EDUCATION and etc. I still know that there is some other loop holes that have me in the grey. VSO officers aren’t always knowledgeable. If someone can reach out to me. It would help me greatly. Thank you!
Unfortunately CRSC is not for dependents and only a living service member is eligible
The Veterans Healthcare Administration will violate the law time and time again, and the courts will turn a blind eye. That’s called a derelict political structure that doesn’t perform irs function in our democracy. If remedy can’t be had in cash, remedy should be had in blood. We have every right to punish the law violations perpetuated by people at VA if our government isn’t being responsible and administering justice.
I am a disabled veteran that served and got exposed to chemical agents, now dying from 3non curable terminal lung diseases and RA autoimmune directly linked to the contamination..I ve been waiting over 8 years for benefits, I walk and my co² goes down to 78% body oxygen. the VA said nothing they can do for me..you have to be someone who is worthy for VA to pay attention to some veterans..either way 10 years service dying for my country 900.00 dollar a month to live on..lucky SGT.Smith…
have you applied for unable to work if indeed this is true? it pays the same as 100%. you need a lawyer also.
what about those who were asked to resign early to go with the military cuts and were given special separation bonus (Early Retirement was what I was told) and recieved zero benefits and were not allowed to work for the Government ever again I had to sit out while my unit took massive hits I lost friends and I was told that I was not eligible to go back I was tragically set aside as a trash bag to the curb and when I couldn’t hold it together I had to file for my disability that I was denied on my exit day they took back the 30,000 SSB first and left me zero income for 3 years that made me homeless for 5 years still recovering from that. and there is much more tragic conditions I suffered at The fault of the VA
Although I was not in a combat zone, but I was receiving hazard duty pay due to service in Korea DMZin 1971 and now I have been diagnosed with multiple presumptive illnesses, and I just received 100% service connected Disability compensation, whereas the VA denied me retroactive pay due to their snafuI am paying an overpayment of $43,000, plus the VA denied me non-service connected to disability pension in 2010and then after the pact act was implemented, they continued to deny me service connected Disability compensation, where all the medical records and duty stations records overwhelmingly provided evidence that could could not be refuted in 2023, and finally I received 100% service connected Disability compensation going back to 2020 when I reopen the case with an attorney I am presently arguing the unfair calculation of my time when I file for non-service connected Disability in 2010 and I am presently waiting for a decision or correction concerning the VA’s snafu.
That’s great they deserve it however what about those of us who had there SSB recouped by the va because much later in life I was diagnosed with 100% PTSD and was granted disability I also served in combat zone during the first Gulf War also I didn’t double dip I came out in 1991 durning the military drawdown and was never given any verbal or written documentation that they would recoup my SSB
what about those who were asked to resign early to go with the military cuts and were given special separation bonus (Early Retirement was what I was told) and recieved zero benefits and were not allowed to work for the Government ever again I had to sit out while my unit took massive hits I lost friends and I was told that I was not eligible to go back I was tragically set aside as a trash bag to the curb and when I couldn’t hold it together I had to file for my disability that I was denied on my exit day they took back the 30,000 SSB first and left me zero income for 3 years that made me homeless for 5 years still recovering from that. and there is much more tragic conditions I suffered at The fault of the VA
Great reporting. Thank you for providing this very important information
Very Respectfully,
Louis
They should end the VA waiver entirely. If someone ETS’s and draws VA comp, they lose nothing. If any retired medical or otherwise loses even a dollar of retired pay for collecting the same VA comp, it’s completely unfair. The ETS guy loses nothing, the retiree loses hundreds or thousands per month. That’s just a ridiculous concept. The branches and the VA are NOT the same organization.
Email me
what about those who were asked to resign early to go with the military cuts and were given special separation bonus (Early Retirement was what I was told) and recieved zero benefits and were not allowed to work for the Government ever again I had to sit out while my unit took massive hits I lost friends and I was told that I was not eligible to go back I was tragically set aside as a trash bag to the curb and when I couldn’t hold it together I had to file for my disability that I was denied on my exit day they took back the 30,000 SSB first and left me zero income for 3 years that made me homeless for 5 years still recovering from that. and there is much more tragic conditions I suffered at The fault of the VA
what is your email. [email protected]
what is your email and mine [email protected]