I found this quiet Interesting supreme court decison

[Buck52]

 click the link to read about this.

https://usmilitary.org/supreme-court-decision-may-affect-veterans-across-the-us-wave-disability-deadline-for-thousands/

From the Article

Quote

The United States Supreme Court has decided to take up a case that could have major ramifications for thousands of veterans.

The case involves a Navy veteran who believes his disability compensation from the VA should have begun from the date he left the military, not when he filed the paperwork.

The Supreme Court’s decision could result in a large number of veterans receiving back pay on their disability compensation, many of whom waited years to file their claims. Read Full Article Here

 

[Dot09]

I’m very curious as to see what happens with equitable tolling doctrine. Has there been any news on this? When are they set to make a decision?

Edited May 15, 2022 by Dot09

[Dustoff1970]

Supposedly the SOTUS will release next batch of decisions tomorrow Monday at 10 AM.  I think it is too soon for the Arellano appeal but who knows.  Stay tuned as they like to say.

[Tbird]

This is a very interesting case. For the legal beagles I've provided some information from the latest Petitioners Brief

SCOTUS Arellano v. McDonough 05/13/2022

Questions Presented

Under 38 U.S.C. § 5110(b)(1), “[t]he effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.” (Emphasis added.) Veterans who miss this one-year statutory deadline—even if because of a service-connected physical or mental impairment—are barred from recovering retroactive disability benefits reaching back to their date of discharge. In Irwin, this Court held that “the same rebuttable presumption of equitable tolling applicable to suits against private defendants should also apply to suits against the United States.” Irwin v. Dep’t of VeteransAffairs, 498 U.S. 89, 95-96 (1990). Despite this, an “equally divided” Federal Circuit held 6-6 that military veterans are categorically precluded from pursuing equitable tolling of § 5110(b)(1)’s one-year deadline, regardless of the facts and circumstances of their individual cases.
 

The questions presented are:

(1) Does Irwin’s rebuttable presumption of equitable tolling apply to the one-year statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive disability benefits, and, if so, has the Government rebutted that presumption?

(2) If 38 U.S.C. § 5110(b)(1) is amenable to equitable tolling, is Mr. Arellano entitled to a remand so the agency can consider his particular facts and
circumstances in the first instance?

RELATED PROCEEDINGS

The following proceedings are directly related to this case within the meaning of Rule 14.1(b)(iii):

Arellano v. McDonough, United States Court of Appeals for the Federal Circuit, No. 20-1073

Arellano v. Wilkie, United States Court of Appeals for Veterans Claims, No. 18-3908

 

Full BriefArellano v. McDonough SCOTUS Brief 05-13-2022.pdf

 

 

[Lemuel]

6 hours ago, Tbird said:

This is a very interesting case. For the legal beagles I've provided some information from the latest Petitioners Brief

SCOTUS Arellano v. McDonough 05/13/2022

Questions Presented

Under 38 U.S.C. § 5110(b)(1), “[t]he effective date of an award of disability compensation to a veteran shall be the day following the date of the veteran’s discharge or release if application therefor is received within one year from such date of discharge or release.” (Emphasis added.) Veterans who miss this one-year statutory deadline—even if because of a service-connected physical or mental impairment—are barred from recovering retroactive disability benefits reaching back to their date of discharge. In Irwin, this Court held that “the same rebuttable presumption of equitable tolling applicable to suits against private defendants should also apply to suits against the United States.” Irwin v. Dep’t of VeteransAffairs, 498 U.S. 89, 95-96 (1990). Despite this, an “equally divided” Federal Circuit held 6-6 that military veterans are categorically precluded from pursuing equitable tolling of § 5110(b)(1)’s one-year deadline, regardless of the facts and circumstances of their individual cases.
 

The questions presented are:

(1) Does Irwin’s rebuttable presumption of equitable tolling apply to the one-year statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive disability benefits, and, if so, has the Government rebutted that presumption?

(2) If 38 U.S.C. § 5110(b)(1) is amenable to equitable tolling, is Mr. Arellano entitled to a remand so the agency can consider his particular facts and
circumstances in the first instance?

RELATED PROCEEDINGS

The following proceedings are directly related to this case within the meaning of Rule 14.1(b)(iii):

Arellano v. McDonough, United States Court of Appeals for the Federal Circuit, No. 20-1073

Arellano v. Wilkie, United States Court of Appeals for Veterans Claims, No. 18-3908

 

Full BriefArellano v. McDonough SCOTUS Brief 05-13-2022.pdf

 

 

Didn't need the quote.  Just wanted to follow.  

[Whodat]

Looks like this hearing will not happen until Oct 2022

[Vync]

Here's a link to SCOTUS blog, which does an excellent job of tracking Supreme Court cases.

Arellano v. McDonough - SCOTUSblog

The brief linked by @Tbirdwas filed on May 13, 2022.