WARNING! This is going to anger most if not ALL of you! re: retro pay

RetiredColonel-MikeT

RetiredColonel-MikeT

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DOD-wide Policy Change re: CRSC retro pay

Do NOT shoot the messenger! Do NOT shoot the different branches as this comes from DOD! Reach out to your Congressional members and complain to them. I am trying to get the policy memo and will post it when I do.

All claims going forward will ONLY have the date of said claim's receipt by the branches as the effective date when/if approved. Just like how the VA does it without the "Intent to File" option.

You heard me right, DOD has directed that there will NO longer be retro pay going back six years or more, UNLESS one has a retroactive retirement due to a BCMR action. The only retro pay will be from the claim receipt and the first payment, which'll benefit the fact that the Navy/USMC takes 15-18 months to complete their claims.

Just because the Barring Rule was struck down did NOT obligate DOD to pay retro pay beyond the claim date. I obviously do NOT agree with it as there are many reasons why someone does not know/remember about CRSC, the biggest is lack of communication, a single line of mention on the PEBLO Counseling Checklist or during TAP training is certainly not enough imho as it is usually way too far in advance to be remembered months after retirement. But, DOD decided what's good for the goose (VA) is good for the gander (DOD). I do not know of any other recourse short of contacting one's congressional delegation and we all know how that usually ends :(

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U.S. Senate: Contacting U.S. Senators

I do not know if that was due to the lower Federal Courts decision or if Soto v US (under $10k) is still being litigated, along with Casey v US for those owed $10k or more, so this "could" theoretically change; however, the writing could very well be on the wall.

Edit: effective with claims received by the respective branch o/a 20 August 2025

Edit 2: Attached Soto Guidance, key in on the second to last paragraph on the second page for anyone whose claim was received by their specific service branch o/a 20 August 2025. My interpretation for those prior to that date *should* get the full amount of their retro pay due, however, until I actually see it in the wild, I'm not going to lean too heavily on that assumption.
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@Jason Perry
 

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scottymotech said:
Well yeah I would like to see this policy and this doesn’t align with what the Army posted a month ago and will likely end up back in courts if so.

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Welcome to the world of change "However, implementation is on hold until the Department of Defense issues formal guidance." notice that it said at the time "waiting for formal guidance", well, buckle up, Sparky, it's here and as I said, as soon as I get the policy I'll post it. And I absolutely don't agree with it, typical DOD effing over vets as per usual. I see the fight will be hard as this is how the VA does it already.
 
DaCookie said:
“effective with claims received by the respective branch o/a 20 August 2025”

Crazy how soon this took effect.
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Yup, can't pry money out of their hands, but when they want to keep it away from you, it only takes nanoseconds :/
 
What makes this entire situation more frustrating is the fact that I just read an article about Tricare for Life rescinding some of their medication coverage. This is kind of like a double whammy for those of us who served IN and DURING a time of war. What a way for our government to show appreciation.
 
Original post updated with policy memo, and an excerpt for those claims received o/a 20 August 2025
 
scottymotech said:
Thanks for getting the memo
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Not what I wanted to see overall, but it's tracking just like how the VA handles their claims, sans the ability to do an "Intent to File". Btw, it was clarified by HRC that ALL owed retro pay should be paid as originally intended when getting rid of the Barring Rule. It just screws over those who didn't know or procrastinated until too late :/
 
well, this sucks, i just submitted my claim on the 26th... Definitely procrastinated too late... Thanks for getting the memo. Surprised this wasn't published on HRC website....
 
Write and call all 3 of your congressional representatives.

very problematic because we are also at the mercy of the Department of Veterans affairs as a VA rating is a requirement for CRSC!

So we are back to penalizing veterans for delays incurred by the VBA.
Let’s not forget the records they ask for. Right now it’s about 6+ months for a Cfile FOIA. I am still waiting for my code sheet which the Army calls for, I didn’t submit, which ironically I got in my CRSC decision while I still wait on the VA. What a joke.

You need a VA rating before you can apply for CRSC. So now instead of aligning the backpay to the Va rating effective date, they are tying a claim received date. Also there isn’t an electronic application for CRSC, at least for the Army.

Those of you who didn’t file a claim say before Appeals Modernization Act, AMA went into effect circa 2018-2019 for example had two options for an appeal, a DRO/HLR or an appeal to the BVA, hearing only. I did both, my HLR took 3 years for a denial, 0 communication during that 3 years from the Regional Office, except responding to congressional inquiries I submitted. Then I had to get into the BVA hearing queue, another 3+ years. By the time I got the remand decision it had been 4 years since I issued my NOD and entered the BVA queue. That remand took almost a year.
I was granted everything I appealed with effective dates of 9+ years. So while I still work out if my TBI can be deemed combat related, I had 6 years from my VA decision date, which had a retroactive effective date of almost 10 years, they are now saying date received. Yeah this is some pure garbage.

So there’s a problem. A big one. While cases like mine are fewer and fewer as people often run the gamut of HLRs and supplemental claims until the BVA is a last resort. But that’s not to say people aren’t still appealing to the BVA and still opting for a hearing. I am hopeful the day will come that even BVA appeals can be settled within 2-3 years max. I think the BVA quietly resolved all the legacy appeals, when I was still on the BVA docket there was about 10000 legacy appeals still in the queue. My original VA claim took a year. My most recent took about 100 days.

Again very very problematic. Every day you wait for the VA to decide your claim is a day you lose potential CRSC eligibility and money owed to you. Meantime the DoD burns thru billions on failed weapons systems like the Littoral Combat Ship, but still finds a way to screw over disabled combat vets.

Start writing all 3 of your congressional reps! 1 house, 2 senate. Start calling. Remember what administration was in office when this decision was made, just like you should remember who voted against the PACT ACT. Veterans are valued when we can be used as political pawns and our graves can be used as political props, but actions speak far louder.

 
db25U said:
well, this sucks, i just submitted my claim on the 26th... Definitely procrastinated too late... Thanks for getting the memo. Surprised this wasn't published on HRC website....
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It will be soon(ish), changes have to still go through the normal channels, it's not "let's change it now", has to go through change control (former IT with 30+ years experience)
 
My approval letter is dated to the 21aug. Does this mean I missed it by a day? Or is it when they receive your submission?
 
jorgeandonie said:
My approval letter is dated to the 21aug. Does this mean I missed it by a day? Or is it when they receive your submission?
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It's not the "Approval" letter date, it's when the claim was received by the branch of service. This keeps everyone on the same footing as Navy/USMC takes 15-18 months and would be a complete disservice to those vs Air Force which completes their claims in approx 45 days.
 
RetiredColonel-MikeT said:
DOD-wide Policy Change re: CRSC retro pay

Do NOT shoot the messenger! Do NOT shoot the different branches as this comes from DOD! Reach out to your Congressional members and complain to them. I am trying to get the policy memo and will post it when I do.

All claims going forward will ONLY have the date of said claim's receipt by the branches as the effective date when/if approved. Just like how the VA does it without the "Intent to File" option.

You heard me right, DOD has directed that there will NO longer be retro pay going back six years or more, UNLESS one has a retroactive retirement due to a BCMR action. The only retro pay will be from the claim receipt and the first payment, which'll benefit the fact that the Navy/USMC takes 15-18 months to complete their claims.

Just because the Barring Rule was struck down did NOT obligate DOD to pay retro pay beyond the claim date. I obviously do NOT agree with it as there are many reasons why someone does not know/remember about CRSC, the biggest is lack of communication, a single line of mention on the PEBLO Counseling Checklist or during TAP training is certainly not enough imho as it is usually way too far in advance to be remembered months after retirement. But, DOD decided what's good for the goose (VA) is good for the gander (DOD). I do not know of any other recourse short of contacting one's congressional delegation and we all know how that usually ends :(

Find Your Representative | house.gov
U.S. Senate: Contacting U.S. Senators

I do not know if that was due to the lower Federal Courts decision or if Soto v US (under $10k) is still being litigated, along with Casey v US for those owed $10k or more, so this "could" theoretically change; however, the writing could very well be on the wall.

Edit: effective with claims received by the respective branch o/a 20 August 2025

Edit 2: Attached Soto Guidance, key in on the second to last paragraph on the second page for anyone whose claim was received by their specific service branch o/a 20 August 2025. My interpretation for those prior to that date *should* get the full amount of their retro pay due, however, until I actually see it in the wild, I'm not going to lean too heavily on that assumption.
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@Jason Perry
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I think you might be wrong on this (specifically about the cutoff date). I don't think getting your application in before this memo gets you in the door, as the memo states; "for CRSC eligibility determinations made on or after the day of this memorandum", emphasis on 'eligibility determinations' as opposed to 'applications received'. I REALLY hope you're right and I'm wrong on this (I applied in June but I was medically retired in 2014). This is something I'd be willing to go to court over (the legality of determinations over receipt) but I don't know if there's a legal leg to stand on there. Are they allowed to base an effective date on their own speed/lack thereof in making eligibility determinations? That seems like an excuse to slow down the process (or, as you said, give an unfair advantage to USAF and USA claims over USMC/USN because of their larger backlog(s)).

If I'm reading the memo right...I'm fucked. I should have applied last year.
 
Bamboonga said:
I think you might be wrong on this (specifically about the cutoff date). I don't think getting your application in before this memo gets you in the door, as the memo states; "for CRSC eligibility determinations made on or after the day of this memorandum", emphasis on 'eligibility determinations' as opposed to 'applications received'. I REALLY hope you're right and I'm wrong on this (I applied in June but I was medically retired in 2014). This is something I'd be willing to go to court over (the legality of determinations over receipt) but I don't know if there's a legal leg to stand on there. Are they allowed to base an effective date on their own speed/lack thereof in making eligibility determinations? That seems like an excuse to slow down the process (or, as you said, give an unfair advantage to USAF and USA claims over USMC/USN because of their larger backlog(s)).

If I'm reading the memo right...I'm fucked. I should have applied last year.
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I am also hopeful that it is the application date. While the one you highlighted seems to say otherwise, the one just below it seems to indicate that it is the application date.

“the effective date for CRSC payments is the date on which the Secretary concerned first received the completed application.”
 
DaCookie said:
I am also hopeful that it is the application date. While the one you highlighted seems to say otherwise, the one just below it seems to indicate that it is the application date.

“the effective date for CRSC payments is the date on which the Secretary concerned first received the completed application.”
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I think they meant that 'going forward', as in 'we'll pay retroactive, but only to the date we received your application'.

It does seem like something I could take to court though (maybe). I wish the media would cover this. I don't know how upset everyday people would be though.
 
Anyone whose claim was acknowledged as being received by the service branches on 19 August 2025 and before should be getting their full retro pay. Anyone’s whose claim was acknowledged received o/a 20 August 2025 would only be paid retro to the date received by the service branches. @Bamboonga don’t forget, this is an “Interim Guidance”, it may or may not revert back to the full retro pay or just to the received date. That’s the current unknown and my source is the CRSC branch at Army so I’m getting it right from the horse’s mouth in this particular case.
 
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