CRSC 6 year limitation for PDBR

ShadowStalker

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I've called DFAS and spoke to a tier 2 personnel about my retro pay for CRSC.I advised I went through the PDBR process. I just finished my PDBR in June 2018. I explained I know I will have to pay back my serverance pay. I have received my first check on this March. We understand that it can take 2-200 days on the paperwork. I asked since I was medically retired in 2009 should my CRSC also be approval or that date. Since I wasn't aware of this process till 8 years later. She told me no 6. years is 6 years. I didn't argue.

My family has been blessed so much. With all this time of not knowing it puts a strain on the family. I wish I didn't have to pay all these medical bills ( my family should have always been covered) I would of had better care. And i wouldn't have been penalized on Obama Care.
Get this!!!!!!! Because me and my wife are Vets I couldn't get Obama care because we go to the VA. They say that 1 of us would have to drop the VA in order for are daughter to get coverage. Senator vouched that was true.

Im off subject now. Is there a way to have it go back to my original retirement date? I owe about 30k in severance pay. If they short me 4 or 5 years I still won't see a check for a couple years.
Im not sure what or if anything can be done. Thank y'all for reading. Im still learning.

God Bless y'all. Sorry for all the ranting
 
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TOT31

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I've called DFAS and spoke to a tier 2 personnel about my retro pay for CRSC.I advised I went through the PDBR process. I just finished my PDBR in June 2018. I explained I know I will have to pay back my serverance pay. I have received my first check on this March. We understand that it can take 2-200 days on the paperwork. I asked since I was medically retired in 2009 should my CRSC also be approval or that date. Since I wasn't aware of this process till 8 years later. She told me no 6. years is 6 years. I didn't argue.

My family has been blessed so much. With all this time of not knowing it puts a strain on the family. I wish I didn't have to pay all these medical bills ( my family should have always been covered) I would of had better care. And i wouldn't have been penalized on Obama Care.
Get this!!!!!!! Because me and my wife are Vets I couldn't get Obama care because we go to the VA. They say that 1 of us would have to drop the VA in order for are daughter to get coverage. Senator vouched that was true.

Im off subject now. Is there a way to have it go back to my original retirement date? I owe about 30k in severance pay. If they short me 4 or 5 years I still won't see a check for a couple years.
Im not sure what or if anything can be done. Thank y'all for reading. Im still learning.

God Bless y'all. Sorry for all the ranting
The NVLSP has taken the issue of the six year DOD imposed statute of limitations for CRSC to federal court and this issue should be decided sometime this year but their will be $10,000 dollar cap on back pay. For all of your medical bills and premiums paid, you will have to file a federal tort claim if you want a chance at being fairly reimbursed because DOD will not reimburse you for premiums paid and only reimburse you at the Tricare standard level and only if you have a copy of an explanation of benefits for each and every single out of pocket med bill claimed. I have assisted 3 individuals with filing a tort claim in 2018 and we have received no response from the Army or Navy and the 180 day mark for the departments to respond or be taken to federal court is soon approaching. Don't waste your time filing a complaint for reimbursement through the BCMR because they will deny having authority to grant monetary relief for med expenses incurred while you should have been in a retired status and receiving Tricare.
 

RonG

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Court Certifies Class Action in NVLSP Lawsuit on Behalf of 3,600 Veterans Illegally Denied the Full Amount of Combat Related Special Compensation

FOR IMMEDIATE RELEASE -February 25, 2019

WASHINGTON – On February 11, 2019, the U.S. District Court Southern District of Texas granted class certification in a lawsuit filed by the National Veterans Legal Services Program (NVLSP) on behalf of Mr. Simon Soto and approximately 3,600 Army, Navy, Marine Corps, and Air Force vets who were granted Combat Related Special Compensation (CRSC) but denied the full amount of retroactive CRSC because the military illegally imposed a 6-year ceiling on the amount it would pay in retroactive CRSC.

NVLSP <---Article LINK

"Once the class action complaint is filed and served on the defendant, a court must certify the class. Depending on the state, either the court will initiate the certification process or the plaintiff must file a motion to have the class certified before the case can proceed."

Ron
 

ShadowStalker

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Thank you both for writing me back. It means a lot. I appreciate all the valuable information y'all have provided.
 

RonG

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That was great info provided by Tot31; I was unaware of the class action filing and just reviewed the NVLSP webpage...

It will be interesting to learn of the outcome.

"If the class is certified, the case can move on to pre-trial procedures. A certified class does not mean the judge thinks the defendant is liable, or that a jury is likely to find the defendant liable, but it does mean the case has been vetted to some extent and the defendant is now threatened with a legitimate lawsuit."

The case https://www.nvlsp.org/images/uploads/2017-03-02_Complaint-filed.pdf <----Case LINK

Ron
 

RonG

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I just remembered I addressed this issue on another board a year ago. One post from the conversation:

[start quotation one]

Ref: 31 U.S. Code § 3702 - Authority to settle claims

31 U.S. Code § 3702 - Authority to settle claims

"(b)


(1) A claim against the Government presented under this section must contain the signature and address of the claimant or an authorized representative. The claim must be received by the official responsible under subsection (a) for settling the claim or by the agency that conducts the activity from which the claim arises within 6 years after the claim accrues except—
(A)
as provided in this chapter or another law; or
(B)
a claim of a State, the District of Columbia, or a territory or possession of the United States"

-----
I think the exception to the "six year law" is due to the fact the retiree did not accrue benefits from the retroactive effective date until approval by the Board.

Ron
[end of quotation one]

-----

The following prompted my reply above (in 2018):

[start quotation two]
"Ron,

Thanks for the feedback. As for the six year statute of limitations, neither the CRSC approval letter or correction letter site why the statute doesn't apply in the case of PDBR. Original was dated 09JUN2018 and had an effective date of SEP 2011, correction letter was dated 09JUL2018 and with CRSC effective date of JAN 2008. To be honest I was expecting to be limited by the 6 year statute, didn't expect the effective date to go back to when CRSC was expanded.

Verbiage on the [CRSC Board] letter making the correction is:

SPECIAL NOTE TO DFAS (FOR PAY PURPOSES ONLY):
Per DFAS due to PDBR 6 year statute does not apply. Adjusted effective date for XX YYYY.

[end of quotation two]
-------

This warrants further investigation. Perhaps Jason Perry can clarify. I am not an attorney.

---
Ron
 
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