Supreme Court denies pause in statutory limitations for veteran’s benefit claim

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The U.S. Supreme Court is seen Friday, Jan. 20, 2023, in Washington. (AP Photo/Alex Brandon) Alex Brandon/AP

Supreme Court denies pause in statutory limitations for veteran’s benefit claim

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In its first opinion of the term, the Supreme Court ruled Monday against a veteran asking to claim retroactive disability benefits, saying he was not eligible for a pause in statutory limitations.

The court ruled unanimously, 9-0, in its decision of Arellano v. McDonough that Section 5110(b)(1) of 38 U.S.C. § 5110 specifies its exemptions to the Veterans Affairs disability benefits being awarded retroactively.

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“Equitably tolling this provision would depart from the terms that Congress ‘specifically provided,'” Justice Amy Coney Barrett wrote in the unanimous opinion.

Equitable tolling is the doctrine that allows statutory limits to be paused if there is some sort of extraordinary circumstance.

Adolfo Arellano, who brought the case, had disability benefits denied by the VA after applying for them nearly 30 years after being discharged, arguing his disability had prevented him from applying earlier. The VA had ruled that under this statute, his one-year deadline had long passed.

The high court argues language in the code specifically carves out exemptions in which benefits can be awarded later than the one-year statutory limit. In the opinion, Barrett does concede the legislation can “create harsh results” but that its language clearly forbids equitable tolling.

“Although hard and fast limits on retroactive benefits can create harsh results, Congress has the power to choose between rules, which prioritize efficiency and predictability, and standards, which prioritize optimal results in individual cases.”

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The opinion is the first of the court’s term, coming after last term’s major decision in cases involving abortion rights and the EPA.

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