Arellano v. McDonough

Adolfo R. Arellano served honorably in the Navy from November 1977 to October 1981. On June 3, 2011—more than 30 years after he was discharged—he applied for disability benefits on the basis of psychiatric disorders that rendered him 100% disabled. He sought retroactive benefits from the day after his discharge, arguing that the one-year filing deadline to submit disability claims should be extended in his case because his mental illness had prevented him from filing his claim earlier.The VA Regional Office granted his claim, but only from the date the claim was received. The Board of Appeals rejected his argument, and the Veterans Court affirmed that decision, concluding that Mr. Arellano's claim was “squarely foreclosed by binding precedent” in Andrews v. Principi, 351 F.3d 1134 (Fed. Cir. 2003), which held that principles of equitable tolling are not applicable to the time period in 38 U.S.C. § 5110(b)(1).

In this case, the court considered this issue: Can the one-year filing deadline for veterans to submit disability claims after they are discharged be extended under principles of equitable tolling?

The case was decided on January 24, 2023. The court held that Section 5110-b-1 is not subject to equitable tolling. Justice Barrett delivered the opinion for a unanimous Court.

The opinion is presented here in its entirety, but with citations omitted. If you appreciate this episode, please subscribe. Thank you.