FYI heads up Big Supreme Court Case to be argues Tuesday 10/4/22.

[jbasser]

If a Veteran is direct Service connected why should his claim not go back to the date of service.

 

 

https://www.scotusblog.com/2022/10/justices-will-consider-equitable-tolling-for-a-veteran-suffering-from-ptsd/

Edited October 4, 2022 by jbasser
grammer

[Lemuel]

My TDIU was equitably tolled by the Director, Compensation Services to the last day of my full-time employment, September 1985 from my claim from June 1987, doing essentially what is requested here. To meet the time of first injury disabling effect.

I wonder if this case was sent to the Director before going into appeal?

TBI victims and PTSD victims both have the problem of the VA using their injury disability against them contrary to the ADA.  Wonder why the ADA has not been cited in this.  Also, would apply to mental category 3 & 4 inductees ability to prosecute claims. It is too presumptive that they have a relative to help even if they know they need help. 

[jbasser]

19 hours ago, blahsaysme2u said:

all of my claims were filed and denied except for tinnitus in the first year of separation..i have since won multiple SC with new medical records(originally denied bc they were "lost") and now fighting EED...

this would be HUGE for me...this would cement all my claims and i could finally stop fighting and appealing these claims over and over to a judge and waiting for them to tell raters to fix their mistakes....theoretically lol

If your records were lost and then found you should use title 38 3.156(c). 

Edited October 5, 2022 by jbasser

[Tbird]

 

UPDATE: 10/05/2022 Arellano v. McDonough SCOTUS Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans., https://loom.ly/VgQCT6k

 

[Vync]

@TbirdI listened to the whole thing. The VA is trying to argue, "It depends on what the definition of 'is' is..."

[blahsaysme2u]

any updates on this? looks like the only post on Hadit on the subject.

thanks

*EDIT*

found my own answer for those wondering.....go figure this court is bunk and never sides with the veteran

https://www.scotusblog.com/2023/01/in-veterans-benefits-case-court-says-congress-chose-a-firm-rule-over-a-flexible-standard/

Edited April 10, 2023 by blahsaysme2u

[blahsaysme2u]

Quote

 

The court also looked to United States v. Brockamp, in which a statute with an explicit list of exceptions indicated that Congress did not intend for the courts to add additional equitable exceptions. Because Congress accounted for many different equitable factors in its exceptions, it would not expect the VA to add more equitable factors in its decision-making. Further cementing this finding, the court pointed to another exception – Section 5110(b)(4)(A) – that considers when disabilities interfere with a veteran’s ability to file for pension benefits. Congress did not provide the same exception for veterans filing for service-connected disability benefits.

The court acknowledged that the hard-and-fast limits to the statutory scheme may have “harsh results.” It relied on Congress’ “power to choose between rules, which prioritize efficiency and predictability, and standards, which prioritize optimal results in individual cases.” The court found that Congress’ intentions are clear that equitable tolling should not apply to Section 5110(b)(1), thus rebutting the Irwin presumption.

Although this outcome will negatively affect veterans, the court’s opinion will not change the VA’s current practices. The court’s decision crystallizes the importance of veterans filing for benefits as soon as they are able and solidifies the importance of the military’s role in providing servicemembers with VA benefits information, as they are separating from the service.