Tampa, Florida – In June, the United States Supreme Court ruled 9-0 in favor of disabled veterans seeking combat-related special compensation for disabilities suffered in the line of duty. Experienced Tampa veterans disability attorney David W. Magann supports this decision on behalf of his clients. 

The case, Soto v. United States, focuses on the Defense Department’s interpretation of a law called the Barring Act. The Defense Department held that the Barring Act limited veterans’ ability to receive combat-related special compensation (CRSC) to just six years. 

In January 2008, Congress passed a law expanding CRSC benefits to veterans with less than 20 years’ military service. The Defense Department applied the Barring Act’s six-year time limit to CRSC benefits under the new law.

In a class-action lawsuit led by retired Marine Corporal Simon Soto, disabled veterans argued that the Barring Act did not apply to the law establishing CRSC benefits. Rather, they asserted that if Congress meant the CRSC law to have a time limit, Congress would have included one in the law.

After a win in the Southern District of Texas and a reversal in the Federal District Court of Appeals, plaintiffs secured a final victory before the US Supreme Court. Writing for the unanimous Court, Justice Clarence Thomas stated that the Federal Circuit “erred by imposing undue requirements” on Congress’s decision to expand CRSC benefits. 

The decision allows approximately 9,000 veterans to access CRSC benefits. Plaintiffs in Soto v. United States may receive up to $10,000 in back benefits, dated to January 2008. Plaintiffs in a related case, Paige v. United States, are likely to receive more than $10,000 apiece in back benefits. Paige v. United States was placed on hold pending the outcome of Soto.

“This case represents a significant victory for our veterans,” says Tampa veterans’ benefits attorney David W. Magann. “By recognizing Congress’s intent to expand CRSC benefits, the Court emphasizes the importance of supporting those who protect the United States.” 

Veterans who believe they are owed CRSC benefits should speak to a qualified attorney, says Attorney Magann. An experienced lawyer can help these veterans pursue their claims and secure the compensation they deserve.