Arellano v. McDonough (Equitable tolling of veteran benefits)

Send us Fan MailIn Arellano v. McDonough, the Supreme Court of the United States ruled that Section 5110(b)(1) of the Veterans' Benefits Act is not subject to equitable tolling. The case involves the effective date of an award of disability compensation to a veteran of the United States military. Adolfo Arellano applied to the Department of Veterans Affairs (VA) for disability compensation based on his psychiatric disorders approximately 30 years after his honorable discharge from the Navy. Arellano argued that his award's effective date should be governed by an exception in § 5110(b)(1), which makes the effective date the day following the date of the veteran's discharge or release if application is received within one year of such date. However, the Supreme Court held that equitably tolling the provision would depart from the terms that Congress "specifically provided."Support the show