Arellano v. McDonough
The Facts
Adolfo Arellano served in the Navy and suffered severe PTSD following a traumatic incident during his service. He did not file a disability claim within one year of his 1981 discharge; he filed decades later after his condition was diagnosed. Under 38 U.S.C. § 5110(b)(1), veterans who file within one year of discharge receive an effective date and thus back-pay back to their discharge date. Arellano argued that equitable tolling should apply because he did not know his PTSD was service-connected during the one-year window. The Federal Circuit agreed; the government sought certiorari.
The Application
Under § 5110(b)(1), Arellano's failure to file within one year of his 1981 discharge meant he could not recover the year of retroactive benefits available to those who file timely even though his PTSD was undiagnosed during that window. The Supreme Court held that because Congress did not expressly authorize equitable tolling in the statute, no tolling exception could be judicially created, leaving Arellano's lack of knowledge about his service-connected disability irrelevant to the statutory deadline. The ruling foreclosed the Federal Circuit's reasoning that fairness or diagnostic delay might excuse the missed deadline, establishing that the one-year window is fixed and admits no judge-made exceptions short of congressional amendment.
The Conclusion
**Unanimous 2023 ruling foreclosing equitable tolling of the veterans' disability claim deadline.** The decision limits back-pay recoveries for veterans whose conditions were latent or undiagnosed at discharge and reinforces the rule that statutory benefits windows without express tolling language are rigid.
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Case Analysis
Overview
Arellano v. McDonough (2023) held 9-0 that the one-year deadline for veterans to file their first disability compensation claim under 38 U.S.C. § 5110(b)(1) runs from the date of discharge, not the date of diagnosis, and admits no equitable tolling exceptions. A veteran who delays filing, even because the disability was latent or undiagnosed, cannot recover the year of retroactive benefits tied to the earliest possible effective date. The ruling bars VA courts from creating judicially crafted tolling exceptions where Congress has not authorized them.
Facts
Adolfo Arellano served in the Navy and suffered severe PTSD following a traumatic incident during his service. He did not file a disability claim within one year of his 1981 discharge; he filed decades later after his condition was diagnosed. Under 38 U.S.C. § 5110(b)(1), veterans who file within one year of discharge receive an effective date, and thus back-pay, back to their discharge date. Arellano argued that equitable tolling should apply because he did not know his PTSD was service-connected during the one-year window. The Federal Circuit agreed; the government sought certiorari.
Issue
Whether the one-year deadline under 38 U.S.C. § 5110(b)(1) for veterans to claim the earliest possible effective date for disability compensation is subject to equitable tolling.
Rule
38 U.S.C. § 5110(b)(1) grants an effective date equal to the day following discharge for claims filed within one year. Equitable tolling of statutory time limits requires clear congressional authorization or a strong presumption from the statutory scheme. Under Irwin v. Department of Veterans Affairs (1990), the government's waiver of sovereign immunity is subject to the same tolling presumptions that apply to private parties. But only where the statute is ambiguous or the presumption is not rebutted.
Analysis
Under § 5110(b)(1), Arellano's failure to file within one year of his 1981 discharge meant he could not recover the year of retroactive benefits available to those who file timely. Even though his PTSD was undiagnosed during that window. The Supreme Court held that because Congress did not expressly authorize equitable tolling in the statute, no tolling exception could be judicially created, leaving Arellano's lack of knowledge about his service-connected disability irrelevant to the statutory deadline. The ruling foreclosed the Federal Circuit's reasoning that fairness or diagnostic delay might excuse the missed deadline, establishing that the one-year window is fixed and admits no judge-made exceptions short of congressional amendment.
Conclusion
**Unanimous 2023 ruling foreclosing equitable tolling of the veterans' disability claim deadline.** The decision limits back-pay recoveries for veterans whose conditions were latent or undiagnosed at discharge and reinforces the rule that statutory benefits windows without express tolling language are rigid.
Notes
OT2022. Added via SCOTUS bulk import 2026-05-14
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