WASHINGTON, D.C. — The U.S. Supreme Court has ruled that equitable tolling does not apply to retroactive disability benefits claims under 38 U.S.C. § 5110(b)(1). This unanimous decision, made in January 2023 in the case of Arellano v. McDonough, underscores the importance of filing veterans’ disability claims within the prescribed deadlines.

Case Background

The case centered on Adolfo Arellano, a U.S. Navy veteran who suffered severe mental health impairments due to a service-related accident aboard an aircraft carrier in 1980. As a result of his condition, Arellano did not file for veterans’ disability benefits until 2011—more than three decades after his discharge.

The Department of Veterans Affairs (VA) acknowledged that Arellano was 100% disabled due to his service-related condition. However, VA granted benefits only retroactive to his 2011 filing date, rather than his 1981 discharge date. Arellano contended that his mental health incapacitation prevented him from filing earlier and, therefore, the one-year statutory deadline under 38 U.S.C. § 5110(b)(1) should be waived under equitable tolling principles.

Legal Questions Considered

Does the statutory deadline for retroactive VA benefits allow for equitable tolling?

Should Arellano’s mental health condition qualify as an exception to the deadline?

Supreme Court’s Decision

The Supreme Court ruled unanimously against Arellano, determining that equitable tolling does not apply to retroactive VA benefits. The justices based their decision on the following key points:

Congressional Intent: Congress created a structured system for determining the effective dates of benefits, and allowing equitable tolling would disrupt this framework.

Precedent: Previous cases involving veterans’ benefits laws reinforce that filing deadlines should be strictly enforced.

Statutory Language: The absence of explicit language allowing equitable tolling in § 5110(b)(1) suggests that Congress did not intend for exceptions to the one-year deadline.

Implications for Veterans Seeking Disability Benefits

This ruling highlights the critical importance of timely filing for veterans’ disability benefits. Veterans and advocates must take note of the following:

File Early: Veterans should submit their claims as soon as possible after discharge to maximize their benefits.

Mental Health and Filing Deadlines: The ruling confirms that mental health conditions do not excuse late filings under current law.

Legislative Reforms May Be Needed: If equitable tolling is to be allowed, Congress would need to amend existing laws to create exceptions for veterans facing extreme circumstances.

The decision also sets a precedent for future cases where veterans seek retroactive benefits due to medical or psychological conditions that may have delayed their ability to file a claim. While the ruling solidifies existing restrictions, it also emphasizes the need for better support systems that assist veterans in navigating the claims process more efficiently.

The Role of Advocacy Groups

In light of this ruling, veteran advocacy groups are increasing efforts to push for legislative changes. Organizations such as the Disabled American Veterans (DAV) and the American Legion are urging lawmakers to reconsider how filing deadlines impact veterans with severe disabilities. They argue that veterans suffering from mental health conditions or cognitive impairments should receive accommodations that allow them to access the benefits they deserve.

These advocacy groups are also working to raise awareness about the importance of filing claims promptly. Many veterans may not realize the strict deadlines in place, and educational campaigns are being launched to ensure that service members understand the importance of filing as soon as they are eligible.

Legal Assistance for Veterans’ Disability Claims

Navigating VA disability claims can be complex, and missing deadlines can significantly impact the benefits a veteran receives. Legal representation can be invaluable in ensuring claims are properly filed and appeals are handled effectively.

At Whitcomb, Selinsky, PC, we specialize in veterans’ disability claims and appeals. Our experienced team can guide you through the process to ensure that you receive the benefits you are entitled to. If you need assistance with filing a claim or appealing a decision, contact us today for expert legal support.