Arellano v. McDonough
View Official PDFSummary
A short, plain-English overview of Arellano v. McDonough.
The Supreme Court addressed whether the effective date for a veteran's disability compensation can be equitably tolled under 38 U.S.C. §5110(b)(1). Adolfo Arellano sought to have his award's effective date set to the day after his discharge, arguing he was too ill to apply earlier. The Court found that §5110(b)(1) is not subject to equitable tolling, affirming the Federal Circuit's decision.
Holding
The single most important “bottom line” of what the Court decided in Arellano v. McDonough.
The Court held that Section 5110(b)(1) is not subject to equitable tolling.
Key Quotes
Short excerpts from the syllabus in Arellano v. McDonough that support the summary and concepts above.
Section 5110(b)(1) is not subject to equitable tolling.
Congress opted for rules in this statutory scheme, and an equitable extension of §5110(b)(1)’s 1-year grace period would disrupt that choice.
The nature of the subject matter cannot overcome statutory text and structure that foreclose equitable tolling.
