Arellano v. McDonough: Supreme Court Denies Equitable Tolling

In a unanimous decision, the U.S. Supreme Court ruled that equitable tolling does not apply to retroactive disability benefits claims under 38 U.S.C. § 5110(b)(1). The case, Arellano v. McDonough, decided in January 2023, addressed whether a veteran could receive retroactive benefits beyond the one-year filing deadline due to extraordinary circumstances.

Case Background

The case involved Adolfo Arellano, a U.S. Navy veteran who suffered severe service-connected mental health impairments following an accident aboard an aircraft carrier in 1980. Due to the severity of his condition, Arellano did not file for veterans' disability benefits until 2011, more than 30 years after his discharge.

The Department of Veterans Affairs (VA) determined that Arellano was 100% disabled due to his service-related condition but only granted benefits retroactive to his 2011 filing date. Arellano argued that the one-year statutory deadline under 38 U.S.C. § 5110(b)(1) should be equitably tolled due to his incapacitation, allowing him to receive benefits retroactive to his discharge in 1981.

Legal Questions Considered

1. Does the statutory deadline for retroactive VA benefits under § 5110(b)(1) allow for equitable tolling?
2. Did Arellano’s mental health condition justify an exception to the deadline?

Supreme Court’s Decision

The Supreme Court ruled against Arellano, holding that the statute does not permit equitable tolling. The Court reasoned that:

• Congress established a strict framework for determining the effective date of benefits, and allowing equitable tolling would undermine the statutory structure.
• Precedent from prior VA-related cases suggests that filing deadlines under veterans’ benefits laws should be strictly construed.
• The absence of explicit language permitting equitable tolling in § 5110(b)(1) indicates that Congress did not intend for exceptions.

Implications for Veterans Seeking Disability Benefits

This ruling reinforces that timely filing is critical for veterans seeking retroactive benefits. Key takeaways include:

• Veterans must file claims as soon as possible after discharge to maximize their benefits.
• Mental health or incapacity does not excuse late filings under existing law.
• Future legislative changes would be required to allow equitable tolling for VA disability claims.

Legal Assistance for Veterans’ Disability Claims

Navigating VA disability claims can be complex, and strict deadlines can limit benefits. If you need assistance filing a claim or appealing a decision, legal representation can help ensure you receive the benefits you are entitled to. At Whitcomb, Selinsky, PC, we specialize in veterans' disability claims and appeals. Contact us for expert guidance on securing your benefits.