crsc back pay soto vs united states update

edwards7986

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Does anybody know what the final jusgement was in the class action lawsuit of soto vs the united states? On court listener it says final judgement on dec 16 2021 but does not let you look at the actual document for results.

This was a class action brought by soto and nvlsp to address the 6 year limit to crsc back pay and its application.
 
Does anybody know what the final jusgement was in the class action lawsuit of soto vs the united states? On court listener it says final judgement on dec 16 2021 but does not let you look at the actual document for results.

This was a class action brought by soto and nvlsp to address the 6 year limit to crsc back pay and its application.
nevermind. i found it

 
Mentioned by Edwards.

Federal Court Orders United States Government to Pay Full Amount of Combat-Related Special Compensation to Approximately 9,000 Veterans
FOR IMMEDIATE RELEASE -December 17, 2021


WASHINGTON – On December 16, 2021, a federal court in Texas ordered the government to make retroactive payments of Combat-Related Special Compensation (CRSC) to a class of approximately 9,000 Army, Navy, Marine Corps, and Air Force veterans who had not received the full amount of CRSC they were owed because the military illegally imposed a 6-year ceiling on the amount it would pay in retroactive compensation. The class is represented by the National Veterans Legal Services Program (NVLSP) with the pro bono assistance of Sidley Austin LLP.


“The Court’s decision today corrects an injustice to thousands of veterans with combat-related injuries and illnesses who risked their lives in time of war,” said NVLSP Senior Staff Attorney David Sonenshine. “We are grateful the Court rejected the government’s attempt to shortchange disabled veterans from the full payment they earned through their service.”
Combat-Related Special Compensation provides tax-free payments to retired veterans with combat-related disabilities. However, the military denied veterans CRSC payments for the entire period of their military retirement, instead limiting payments to up to six years before the veteran applied for CRSC. The military based its denial of benefits on the Barring Act, a federal law that directs how the government can settle or pay claims when no other settlement authority exists.


The U.S. District Court for the Southern District of Texas rejected the military’s rationale. “The CRSC Statute provides its own settlement mechanism,” the court explained, and therefore “the Barring Act does not apply.” The court ordered that the government must pay all former service members whose amount of CRSC payment was limited by the government’s application of the Barring Act, and who are owed less than $10,000. The court’s jurisdiction is limited to claims of less than $10,000; NVLSP and Sidley have filed a similar class action lawsuit on behalf of veterans owed $10,000 or more in the United States Court of Federal Claims, Paige v. U.S.


“This win is particularly gratifying. My Dad served in Vietnam and was known in our hometown as being a strong supporter of his fellow United States military veterans, assisting them with filing for and securing the benefits to which they were entitled. He passed away a few years ago, but this victory for thousands of deserving veterans – women and men injured while defending their country – is my way of continuing the important work that was near and dear to his heart,” said Sidley Austin Attorney J. Simone Jones.

The case is Soto v. United States, S.D. Tex. 17-cv-00051.
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Ron
 
The "CRSC Glitch" Might Impact Some of the Expected Payments

Extract from 2013 MOAA article:

The FY 2013 NDAA fixed a long-standing glitch in the CRSC payment formula that underpaid (and in some cases eliminated any payment
of) CRSC for combat-disabled military retirees — especially medically retired members. This fix was effective Jan. 1, 2013.

The Defense Finance and Accounting Service will do the new calculations and make
corrected payments retroactive to Jan. 1, 2013
. There’s no provision to provide corrected payments for prior years. [end]

Since the 2013 NDAA did not "fix" the computations for CRSC prior to January 1, 2013, I suspect that some of the veterans who now would be entitled to retroactive CRSC earlier than 2013, will still be precluded from receiving it due to the computation law that remains in effect to this day, for CRSC (prior to 2013).

Mike Parker (maparker) of this board discussed the "CRSC Glitch" in this 2010 article: LINK

cc: @edwards7986

Ron
 
Last edited:
Selected CRSC Information Pertaining to CRSC Computations for Chapter 61 Retirees.

Special Rules for Chapter 61 Disability Retirees:
According to law, members retired for disability under Chapter 61 of title 10 United States Code must have the CRSC entitlement limited to an amount that when combined with any military retired pay remaining after offset for VA disability compensation will not exceed the retired pay they would otherwise be entitled to for retirement computed for years of service (i.e., 2 1/2 percent x years of service x pay base).
[This is the current method of computing CRSC for CH 61 retirees and the law was effective 1 January 2013.]


Other selected CRSC information, including the computation of CRSC for CH 61 retirees prior to 1 January 2013.



DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63



630805. CRSC Payment Reduction for 10 U.S.C., Chapter 61 Disability Retirees



The adjusted monthly amount specified in paragraph 630802 will be reduced according to the provisions of subparagraph 630805.A or 630805.B, whichever is applicable.



  1. Reduction for periods prior to January 1, 2013.


1. Members retired for disability under 10 U.S.C., Chapter 61 with 20 or more years of creditable service computed under section 10 U.S.C. § 1208 will have the maximum CRSC payment reduced by the amount, if any, by which the amount of the member’s gross retired pay under Chapter 61 exceeds the applicable retired pay to which the member would otherwise have been entitled under any other provisions of law. A retiree who accepted the Career Status Bonus will have the reduced amount calculated based on retired pay that would otherwise have been computed under 10 U.S.C. § 1409(b)(2).

Example: The member described in paragraph 630802, who would have received $1,650 in retired pay had he retired for his years of service, was retired under 10 U.S.C., Chapter 61 with a disability rated at 60 percent. Thus, the member receives retired pay of $1,800 monthly (60 percent of $3,000). However, in this case, the member has a combined VA rating of 100 percent, but combat-related disabilities rated at 60 percent. The member’s current monthly VA benefit amount is $3,264, of which $1,365 is combat-related. The member has a total offset of retired pay. The maximum CRSC entitlement under paragraphs 630801 and 630802 is $1,365. The maximum CRSC entitlement will be reduced by the difference in the Chapter 61 retirement and the longevity retirement amounts, or $150 ($1,800 less $1,650). This reduction reflects the amount by which the member’s disability retired pay exceeds his or her longevity retired pay. The member’s CRSC benefit of $1,365 is reduced by $150 to $1,215. In this case, the member will receive $3,264 from the VA and $1,215 in CRSC from DoD.



2. Members retired for disability under 10 U.S.C., Chapter 61 with less than 20 years of creditable service computed under 10 U.S.C. § 1208 and who initially qualify for CRSC on or after January 1, 2008, will have the maximum CRSC payment reduced by the amount, if any, by which the amount of the member’s gross retired pay under Chapter 61 exceeds the amount that is equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under 10 U.S.C. § 1406(b)(1) or 10 U.S.C. § 1407, whichever is applicable to the member. NOTE: A retired reserve member, retired under the provisions of 10 U.S.C., Chapter 61 is entitled to CRSC. The gross amount of CRSC determined under paragraph 630801 will be adjusted as required under paragraph 630802 and then further reduced under paragraph 630805.



For Reserve Component members with less than 20 years of service as determined under 10 U.S.C. § 12733, reduce the adjusted CRSC amount by the amount, if any, by which the disability retired pay exceeds the amount equal to 2½ percent times the years of creditable service determined under 10 U.S.C. § 12733 multiplied by the member's applicable retired pay base. For Reserve Component members with 20 or more years of service as determined under 10 U.S.C. § 12733, reduce the adjusted CRSC amount by the amount, if any, by which the disability retired pay exceeds the retired pay to which the member would be entitled if the member were 60 years old.



  1. Reductions for periods on or after January 1, 2013


1.Members retired for disability under 10 U.S.C., Chapter 61 with 20 or more years of creditable service computed under section 10 U.S.C. § 1208 will have the maximum CRSC payment restricted to the amount, which when combined with any remaining retired pay after VA offset, will not exceed the applicable retired pay to which the member would otherwise have been entitled under any other provisions of law. A retiree who accepted the Career Status Bonus will have the reduced amount calculated based on retired pay that would otherwise have been computed under 10 U.S.C. § 1409(b)(2).



Example: The same member, as described in paragraph 630802, was retired under 10 U.S.C., Chapter 61, with a disability rated at 60 percent. Thus, the member receives retired pay of $1,800 monthly (60 percent of $3,000). However, in this case, the member has a combined VA rating of 100 percent, but combat-related disabilities rated at 60 percent. The member’s current monthly VA benefit amount is $3,264, of which $1,365 is combat-related. The member has a total offset of retired pay. Since there is no residual retired pay after offset of the full VA benefit amount, the member’s CRSC entitlement of $1,365, is fully payable as it does not exceed the applicable retired pay to which the member would otherwise have been entitled under any other provisions of law. In this case, the member will receive $3,264 from the VA and $1,365 in CRSC from DoD.



2. Members retired for disability under 10 U.S.C., Chapter 61, with less than 20 years of creditable service computed under 10 U.S.C. § 1208, and who are qualified for CRSC, on or after January 1, 2013, will have the maximum CRSC payment restrictions. The CRSC payment amount, which when combined with any remaining retired pay after VA offset, will not exceed the amount that is equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under 10 U.S.C. § 1406(b)(1) or 10 U.S.C. § 1407, whichever is applicable to the member.



NOTE: A retired reserve member, retired under the provisions of 10 U.S.C., Chapter 61, is entitled to CRSC. The gross amount of CRSC determined under paragraph 630801 will be adjusted as required under paragraph 630802. For Reserve Component members with less than 20 years of service as determined under 10 U.S.C. § 12733, the CRSC amount when combined with the amount of retired pay payable to the retiree after reduction for the full VA disability compensation, if any, may not exceed the disability retired pay amount that is equal to 2½ percent times the years of creditable service determined under 10 U.S.C. § 12733 multiplied by the member's applicable retired pay base. For Reserve Component members with 20 or more years of service as determined under 10 U.S.C. § 12733, the CRSC amount when combined with the amount of retired pay payable to the retiree after reduction for the full VA disability compensation, if any, may not exceed the disability retired pay to which the member would be entitled if the member were 60 years old. C. Chapter 61 Disability Retiree Out-Year Deductions. In all cases, once established (based on date the member was first placed on either the Permanent or Temporary Disability Retirement List), the CRSC reduction amount will be increased by each increase in the retired pay cost of living allowance. It will not be re-computed using current pay tables unless the member otherwise qualifies for re-computation of retired pay by reason of recall to duty or correction of official records.

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Comments:

Those who wish to view real examples of the old computations of CRSC can look at the computations of "maparker" on this board: Pre-January 1, 2013
DFAS will be responsible for making any adjustment payments.

I limited my computations to regular retirements during the early CRSC era (on another board) and have not computed any CRSC estimates using the old method. I did submit one example to maparker almost ten years ago and found my computation was in error. I did not begin computing CH 61 CRSC until the law changed.

Ron
 
it affects alot of people such as myself that went through the pdbr process. backpay for me should have been back to 2008, but they limited me to the 6 years.
Unfortunately, some will not receive anything for pre-2013 CRSC adjustments.

The computation of CRSC during the glitch era:

  1. Reduction for periods prior to January 1, 2013.


1. Members retired for disability under 10 U.S.C., Chapter 61 with 20 or more years of creditable service computed under section 10 U.S.C. § 1208 will have the maximum CRSC payment reduced by the amount, if any, by which the amount of the member’s gross retired pay under Chapter 61 exceeds the applicable retired pay to which the member would otherwise have been entitled under any other provisions of law. A retiree who accepted the Career Status Bonus will have the reduced amount calculated based on retired pay that would otherwise have been computed under 10 U.S.C. § 1409(b)(2).

Example: The member described in paragraph 630802, who would have received $1,650 in retired pay had he retired for his years of service, was retired under 10 U.S.C., Chapter 61 with a disability rated at 60 percent. Thus, the member receives retired pay of $1,800 monthly (60 percent of $3,000). However, in this case, the member has a combined VA rating of 100 percent, but combat-related disabilities rated at 60 percent. The member’s current monthly VA benefit amount is $3,264, of which $1,365 is combat-related. The member has a total offset of retired pay. The maximum CRSC entitlement under paragraphs 630801 and 630802 is $1,365. The maximum CRSC entitlement will be reduced by the difference in the Chapter 61 retirement and the longevity retirement amounts, or $150 ($1,800 less $1,650). This reduction reflects the amount by which the member’s disability retired pay exceeds his or her longevity retired pay. The member’s CRSC benefit of $1,365 is reduced by $150 to $1,215. In this case, the member will receive $3,264 from the VA and $1,215 in CRSC from DoD.



2. Members retired for disability under 10 U.S.C., Chapter 61 with less than 20 years of creditable service computed under 10 U.S.C. § 1208 and who initially qualify for CRSC on or after January 1, 2008, will have the maximum CRSC payment reduced by the amount, if any, by which the amount of the member’s gross retired pay under Chapter 61 exceeds the amount that is equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under 10 U.S.C. § 1406(b)(1) or 10 U.S.C. § 1407, whichever is applicable to the member. NOTE: A retired reserve member, retired under the provisions of 10 U.S.C., Chapter 61 is entitled to CRSC. The gross amount of CRSC determined under paragraph 630801 will be adjusted as required under paragraph 630802 and then further reduced under paragraph 630805.



For Reserve Component members with less than 20 years of service as determined under 10 U.S.C. § 12733, reduce the adjusted CRSC amount by the amount, if any, by which the disability retired pay exceeds the amount equal to 2½ percent times the years of creditable service determined under 10 U.S.C. § 12733 multiplied by the member's applicable retired pay base. For Reserve Component members with 20 or more years of service as determined under 10 U.S.C. § 12733, reduce the adjusted CRSC amount by the amount, if any, by which the disability retired pay exceeds the retired pay to which the member would be entitled if the member were 60 years old.

=================
Ron
 

above is a link to download the glitch calculator based on the document you sent me. I applied it to the 3 cases and it checked out. Let me know what you think, and thankyou for your time. just copy, paste in the address bar for your browser, then download to edit and use calculator.
 
Hi, I will look at in morning…thank you.

The three cases were provided by Mike Parker (maparker). The comp I gave you for your case (evidently wrong ) used info from another source.
 
it affects alot of people such as myself that went through the pdbr process. backpay for me should have been back to 2008, but they limited me to the 6 years.
Oh wow, I just got my approval letter on 1/11/22 but it states effective date Jan 1,2016 (6 years ago). I retired Oct 2012, does this mean they are supposed to go back further?
 
Oh wow, I just got my approval letter on 1/11/22 but it states effective date Jan 1,2016 (6 years ago). I retired Oct 2012, does this mean they are supposed to go back further?
A CRSC estimate you requested shows that the CRDP you have received is more than the CRSC amount. In other words, you would lose money by accepting CRSC.

Additionally, in CRSC retro cases where the retiree received CRDP, the DFAS does not go back and adjust the previous computations to implement CRSC (does not apply to your case since the CRDP is much higher/desirable).

See Request for CRSC Calculation <---LINK to computation.

Ron
 
An update to retroactive crsc backpay beyond 6 years: Dfas said the case right now the dod is looking at appeal options for the case
 
Has anyone received any payments (backpay) due to the Soto vs United States or Paige Vs. United States?
 
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