Just curious but has anyone heard anything about this class action? Been a long time but we do know our government moves in slow motion!
crsc back pay soto vs united states update
- Thread starter edwards7986
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On my CRSC start date it states it started on June 2011, but who knows if DFAS will go that far back for my backpay.
the govt is in the process of appealing the last decision
The CRSC calculations made no sense to me until today, partly because of my percentage and the way the math was working out. I was receiving approx 30% of my DOD disability amount in CRSC and I had a 30% combat disabled rating from VA so I thought it was a simple math. It's clearly not, as I got my CRSC reviewed and now I'm at 50% combat related and the pay went up a few dollars. I'm essentially capped at 332 for my .127 * high 3 longevity equation, rather than 1048 for 40% DOD disabled retirement.
It just seems to me that the intent of a CH61 retirement is partially to pay for the years of service but also to partially recognize the choice was taken away from the servicemember to be able to retire normally at 20+ years. The way this formula works, that spirit is gone. My letter from Marines retiring me says in accordance with 10 USC 1401, you are entitled to receive retired pay computed using your percentage of disability or years of active service. Why was it ever called retired pay using the disability percentage?
Ah, sorry for venting. It really seems like the math of CRSC is in the way of how Ch 61 retirees should be treated.
It just seems to me that the intent of a CH61 retirement is partially to pay for the years of service but also to partially recognize the choice was taken away from the servicemember to be able to retire normally at 20+ years. The way this formula works, that spirit is gone. My letter from Marines retiring me says in accordance with 10 USC 1401, you are entitled to receive retired pay computed using your percentage of disability or years of active service. Why was it ever called retired pay using the disability percentage?
Ah, sorry for venting. It really seems like the math of CRSC is in the way of how Ch 61 retirees should be treated.
The government did appeal this ruling (Soto) and currently the NVLS is litigating this at the US Court of Appeals for the federal circuit. Hopefully a decision could come sometime this year but there is no requirement on time for the decision.
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I know I’m necro posting on this thread, but I felt it was appropriate thanks to the history contained herein for those reading about the Soto case for the first time…
Unfortunately, on 2/12/24 a 3 judge panel overturned the District Court decision by a 2-1 margin.
If you want some laughs about how they managed the legal and intellectually dishonest gymnastics in order for one branch of government to, shockingly, side with another, here’s the “opinion”:
law.justia.com
Looks like that’s it for Soto. I suppose an en banc decision from the Federal Circuit (IF they decide to hear the case), might come out in our favor, but even then, I have little to no faith in the SC after their George v. McDonough ruling (IF they grant cert).
Unfortunately, on 2/12/24 a 3 judge panel overturned the District Court decision by a 2-1 margin.
If you want some laughs about how they managed the legal and intellectually dishonest gymnastics in order for one branch of government to, shockingly, side with another, here’s the “opinion”:
SOTO v. US , No. 22-2011 (Fed. Cir. 2024)
The case revolves around a class-action lawsuit brought by Simon A. Soto, a retired Marine Corps member, against the United States government. The dispute concerned the application of a six-year statute of limitations under the Barring Act (31 U.S.C. § 3702) to claims for unpaid combat-related...
law.justia.com
Looks like that’s it for Soto. I suppose an en banc decision from the Federal Circuit (IF they decide to hear the case), might come out in our favor, but even then, I have little to no faith in the SC after their George v. McDonough ruling (IF they grant cert).
thankyou for posting this. really disappointing. stuff like this only hurts their recruiting problem. not taking care of vets in a fair way and giving perks here and there isnt a good message to potential service members.I know I’m necro posting on this thread, but I felt it was appropriate thanks to the history contained herein for those reading about the Soto case for the first time…
Unfortunately, on 2/12/24 a 3 judge panel overturned the District Court decision by a 2-1 margin.
If you want some laughs about how they managed the legal and intellectually dishonest gymnastics in order for one branch of government to, shockingly, side with another, here’s the “opinion”:
SOTO v. US , No. 22-2011 (Fed. Cir. 2024)
The case revolves around a class-action lawsuit brought by Simon A. Soto, a retired Marine Corps member, against the United States government. The dispute concerned the application of a six-year statute of limitations under the Barring Act (31 U.S.C. § 3702) to claims for unpaid combat-related...
Looks like that’s it for Soto. I suppose an en banc decision from the Federal Circuit (IF they decide to hear the case), might come out in our favor, but even then, I have little to no faith in the SC after their George v. McDonough ruling (IF they grant cert).
I understand the general sentiment, but I doubt too many recruits or their parents are worried about a 6 year time limit on CRSC. It’s not an issue that moves the needle. If anything the polarization and politicizing of the military is hurting recruiting. Along with America getting fatter. I’m of the opinion that the country does an imperfect but very good job of taking veterans.
Just saw this, very disappointing. Applied for CRSC late 2018 noone told me it even existed for 9 years, left the Army in mid 2009, medically retired from below knee amputation from gunshot wound Afghanistan opted for VA pay shortly thereafter. Was looking forward to $8000-$9000 until appeal overturned orginal ruling, very unfortunate. Hope we can win the Major Richard Star Act this year at least.
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The problem was information overload - you were going through APDES at the time (unless you were at WRAMC, then you might have gone through "IDES Pilot", the precursor to today's DoD-wide IDES system). I don't even have any of my early PEBLO Counseling Checklists that we were using at the time to say even if it was there. DA probably didn't even know how to implement it as Ch 61 retirees with less than 20 years AFS were not eligible until NDAA 2008 was signed. And even then, it was hit or miss. I know around 2010-2012 it was on the checklist but who would have remembered? It was a single "check the box" item that no one could do anything about until 2-3 months AFTER they were retired. And unless you were being tracked by AW2 at the time, forget it.
Yeah was WRAMC, outprocessing/PEB was 6 month process and I was on alot of meds at the time, 3 years there 2 years limb salvage then the chop and year learning to walk, had no idea what was going on I just wanted out of that place and to get on with my life. Someone could have informed me but I was in no condition to absorb serious information. got hit when was 19 2006 got out of there 2009 when was 22.