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Arellano v. McDonough (Equitable tolling of veteran benefits)

Arellano v. McDonough (Equitable tolling of veteran benefits)

FromSupreme Court Decision Syllabus (SCOTUS Podcast)


Arellano v. McDonough (Equitable tolling of veteran benefits)

FromSupreme Court Decision Syllabus (SCOTUS Podcast)

ratings:
Length:
8 minutes
Released:
Apr 23, 2023
Format:
Podcast episode

Description

In Arellano v. McDonough, the Supreme Court of the United States ruled that Section 5110(b)(1) of the Veterans' Benefits Act is not subject to equitable tolling. The case involves the effective date of an award of disability compensation to a veteran of the United States military. Adolfo Arellano applied to the Department of Veterans Affairs (VA) for disability compensation based on his psychiatric disorders approximately 30 years after his honorable discharge from the Navy. Arellano argued that his award's effective date should be governed by an exception in § 5110(b)(1), which makes the effective date the day following the date of the veteran's discharge or release if application is received within one year of such date. However, the Supreme Court held that equitably tolling the provision would depart from the terms that Congress "specifically provided."Support the show
Released:
Apr 23, 2023
Format:
Podcast episode

Titles in the series (100)

Decisions of the Supreme Court, summarized by the court itself.Readings of the Supreme Court slip opinion syllabi, With no personal commentary, you can make up your own mind about the decisions. See Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly