Arellano v. McDonough, 598 U. S. 1 (2023), is a United States Supreme Court case in which the Court held that 38 U.S.C. § 5110(b)(1), a provision relating to VA disability compensations, is not subject to equitable tolling.
| Arellano v. Mcdonough | |
|---|---|
 | |
| Argued October 4, 2022 Decided January 23, 2023 | |
| Full case name | Adolfo R. Arellano v. Denis R. McDonough, Secretary of Veterans Affairs |
| Docket no. | 21-432 |
| Citations | 598 U.S. 1 (more) |
| Argument | Oral argument |
| Opinion announcement | Opinion announcement |
| Holding | |
| 38 U.S.C. § 5110(b)(1) is not subject to equitable tolling. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Barrett, joined by unanimous |
Background
edit38 U.S.C. § 5110 outlines the procedures for a veteran to receive compensation for service-caused disability. Section 5110(a)(1) specifies that veterans should be awarded compensations from the time their application was received, unless "specifically provided otherwise" in 16 following enumerated provisions. One such exception is § 5110(b)(1), which states that "the effective date of an award... shall be the day following the date of the veteran's discharge or release if application... is received within one year from such date."[1]
Adolfo Arellano served in the U.S. Navy from 1977 to 1981. He experienced prolonged psychiatric problems such as schizoaffective disorder and bipolar disorder as a result of his service. In 2011, he applied for disability benefits and was awarded benefits with the date of his application as the effective date. Arellano, represented by his brother, appealed to the Board of Veterans' Appeals, arguing that the one-year deadline of 5110(b)(1) should be equitably tolled.[2] This would allow Arellano to receive retroactive benefits back to the date of his discharge, citing his mental disabilities which purportedly prevented him from applying for benefits within a year of his discharge.[3][4]
The Board of Veterans' Appeals dismissed Arellano's claim for equitable tolling.[5] The Court of Appeals for Veterans Claims also dismissed the claim, holding that Andrews, an earlier Federal Circuit decision, had already rejected equitable tolling as applied to 5110. Arellano then appealed to the Federal Circuit, which dismissed his claim, splitting 6-6 on the rationale. Half the Court agreed with Andrews, while the other half sought to overrule Andrews, but deny equitable tolling in Arellano's case. Arellano petitioned the Supreme Court for certiorari, which was granted on February 22, 2022.[6]
The Court had also previously considered interpretation of equitable tolling in Irwin v. Department of Veterans Affairs (1990), although had not tackled the issue of interpretation under the (b)(1) statute.[7] Prior to the argument being heard in the SCOTUS, a brief from the Department of Justice stated that the court ruling in favor of Arellano's argument on equitable tolling would cause "immense practical problems" to an "overburdened system".[8]
Amicus curiae briefs were filed by multiple organizations, including the AARP[9] and the Constitutional Accountability Center.[10]
Supreme Court
editThe court's opinion was authored by Justice Barrett, and fully joined by all members of the court.[11][12] The court did not address the question of whether § 5110(b)(1) is a statute of limitations or not, but rather found equitable tolling rebutted even if it was. With emphasis on the "[u]nless specifically provided otherwise" clause, the court concluded that the chapter's provisions are an exhaustive list of exceptions to the regular rule. Therefore, additional exceptions, like the application of equitable tolling, would defy the statute's intent. This determination is strengthened, according to the court, by the character of the provisions, which set detailed instructions for particular situations in which benefits qualify for an earlier date. Moreover, these limits are not merely set in terms of time, but also mention the amount of recovery due, suggesting Congress' interest in capping retroactive benefits.[13][14]
In response to Arellano's structural counter-claims, the court asserted that (b)(1) could not be understood independently of (a)(1), and so it may not be analyzed separately for exceptions. And with regards to Arellano's insistence that (b)(4) help rather than weaken his case, the court responded that presence of equity in a scheme "supplements...principles of equitable tolling" only "where equity would not otherwise have permitted [the exception]."[10] Here however, the court found that "§5110(b)(4) does not authorize tolling that equity would not otherwise have allowed. If anything, its conditional and narrow applicability limits tolling that might otherwise have occurred."[15]
References
edit- ^ 38 U.S. Code § 5110 - Effective dates of awards
- ^ Birle, Jack (January 23, 2023). "Supreme Court denies pause in statutory limitations for veteran's benefit claim". Washington Examiner. Retrieved July 9, 2023.
- ^ Brief of petitioner Adolfo R. Arellano, 5-6
- ^ Hasan, Zayn (January 30, 2023). "Supreme Court Report: Arellano v. McDonough, 21-432". National Association of Attorneys General. Retrieved July 9, 2023.
- ^ McLaughlin, Dan (January 25, 2023). "What Could Explain Why Supreme Court Justices Are 'Somehow' Following the Law?". National Review. Retrieved July 9, 2023.
- ^ "Arellano v. McDonough". SCOTUSblog. Retrieved June 8, 2023.
- ^ Parks, Shelby (October 28, 2022). "Arellano v. McDonough: Will the Supreme Court Allow Equitable Tolling for Service-Disabled Veterans?". Mississippi College Law Review. Retrieved July 9, 2023.
- ^ Rubin, Jordan S. (October 4, 2022). "Ex-Naval Officer Makes Supreme Court Debut on Veteran's Behalf". news.bloomberglaw.com. Retrieved July 9, 2023.
- ^ "Supreme Court Case - Retroactive VA Disability Benefits". AARP. Retrieved July 9, 2023.
- ^ a b "Arellano v. McDonough". Constitutional Accountability Center. Retrieved July 9, 2023.
- ^ Adler, Jonathan H. (January 23, 2023). "Justice Barrett Authors First Supreme Court Decision of the Term". Reason.com. Retrieved July 9, 2023.
- ^ Stern, Mark Joseph (January 24, 2023). "SCOTUS' First Decision of the Term Is a Unanimous Blow to Disabled Veterans". Slate. ISSN 1091-2339. Retrieved July 9, 2023.
- ^ Arellano v Mcdonough, 598 U.S. 1, Section II A (2023)
- ^ Liptak, Adam (January 23, 2023). "Back on the Bench to Announce Opinions, Supreme Court Rules Against a Veteran". The New York Times. ISSN 0362-4331. Retrieved July 9, 2023.
- ^ Arellano v Mcdonough, 598 U.S. 1, Section II B (2023)
External links
edit- Text of Arellano v Mcdonough, 598 U.S. 1 (2023) is available from: Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) Supreme Court (preliminary print)