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1 1 (December 11, 2023)

handle is hein.crs/govenqy0001 and id is 1 raw text is: Con gressionaI Research Servic Arellano v. McDonough: Veterans Disability Benefits and Equitable Tolling December 11, 2023 On January 23, 2023, the U.S. Supreme Court decided Arellano v McDonough. The case involved a U.S. Navy veteran, Adolfo Arellano, with a service-connected psychiatric disability resulting from an incident that occurred on board an aircraft carrier in 1980. Mr. Arellano was honorably discharged on October 29, 1981, but did not file a claim for U.S. Department of Veterans Affairs (VA) disability benefits until 2011. VA granted Mr. Arellano's claim and assigned a benefits effective date of June 3, 2011, the date VA received the claim. Mr. Arellano disagreed with the effective date and argued that, for decades starting upon his discharge from service, his disability prevented him from understanding that he could apply for VA benefits. He therefore asserted that he should qualify for a statutory exception that allows VA to assign an effective date of the day after a veteran's discharge if the veteran files a claim within one year of being discharged. Under this exception, Mr. Arellano asserted that his benefits effective date should be October 30, 1981, the day after his discharge, or January 1, 1982, when a psychiatrist first diagnosed him as suffering from psychiatric disability. A unanimous Supreme Court ultimately ruled in VA's favor. The Court held that the statute governing the effective dates of veterans' disability benefits does not allow for equitable tolling (which, in limited circumstances, suspends filing time requirements to promote fairness). Accordingly, the Court affirmed VA's assignment of June 3, 2011, as Mr. Arellano's benefits effective date. The Supreme Court's decision has significant implications for those seeking VA benefits. This Legal Sidebar summarizes the doctrine of equitable tolling and Arellano s factual and procedural history. It then discusses the Supreme Court's opinion. The Sidebar concludes with several considerations for Congress. Equitable Tolling Equitable tolling is a rare form of relief whereby courts may suspend, or toll, statutes limiting the time period for filing a claim in the interest of fairness. The Supreme Court has described this remedy as a traditional feature of American jurisprudence and a background principle against which Congress drafts limitations periods. Before a court can equitably toll a given statute of limitations, it must determine whether the statute is one that can be tolled. The Supreme Court has distinguished between jurisdictional rules, which cannot be Congressional Research Service https://crsreports.congress.gov LSB11088 CRS Legal Sidebar Prepared for Members and Committees of Congress

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