No. 21-432October Term 2022Decided Jan 23, 2023
Arellano v. McDonough
The one-year deadline for retroactive disability benefits after discharge cannot be extended through equitable tolling.
Case status
- Current stage
- Decided
- Latest event
- Decision released Jan 23, 2023
- What it's about
Adolfo Arellano applied for veterans' disability benefits 30 years after his discharge and argued that the one-year deadline for retroactive benefits should be extended due to his disability. The Supreme Court ruled that the one-year filing deadline for veterans to submit disability claims cannot be extended under principles of equitable tolling.
Question presented
Whether equitable tolling is available to veterans.
- Case path
United States Court of Appeals for the Federal Circuit / Decision released Jan 23, 2023
- Area
Decided Supreme Court case
Briefing
What it's about
The Supreme Court decided that the one-year deadline for retroactive veterans' disability benefits cannot be extended because of equitable tolling (a rule that can excuse a missed deadline in exceptional circumstances). It affirmed the Federal Circuit's decision against Adolfo Arellano.
Impact
Veterans who file disability claims more than one year after discharge cannot receive retroactive benefits by asking for this deadline extension. For example, a veteran whose service-connected disability delayed filing for decades may receive benefits going forward but not back to discharge under this provision.
What's next
The decision has been released, and lower courts and the Department of Veterans Affairs must apply the one-year deadline without equitable tolling. Veterans seeking retroactive benefits under this provision must meet that deadline.
What did the Supreme Court rule in Arellano v. McDonough?
The Court ruled that the one-year deadline for retroactive veterans' disability benefits cannot be extended through equitable tolling.
Who is affected by the Arellano decision?
Veterans who file disability claims more than one year after discharge are affected. They cannot use equitable tolling to seek retroactive benefits under this provision.
What happens next after Arellano v. McDonough?
Lower courts and the Department of Veterans Affairs must follow the decision. They must apply the one-year deadline without equitable tolling.
Decision
What the Court decided
The one-year deadline for retroactive disability benefits after discharge cannot be extended through equitable tolling.
Impact
Veterans seeking service-connected disability compensation are affected when they file more than one year after discharge. Equitable tolling (extending a deadline because extraordinary circumstances prevented timely filing) cannot extend this deadline. For example, a veteran filing 30 years later cannot receive retroactive benefits back to discharge. The VA award’s effective date will generally be the day it receives a late claim. The ruling confirms Congress’s listed exceptions control earlier effective dates.
Not official Court text.
Vote
- Vote split
- 9-0
- Majority author
- Amy Coney Barrett
Opinion documents
Timing
Decided January 23, 2023
The Court released its decision 111 days after oral argument on October 4, 2022. The median for cases argued in October is 139 days.
Documents
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 5, 2026
- Method
- Methodology
Primary materials11
Supreme Court docket 21-432
docket | Sep 5, 2026
Primary case document
Supreme Court document | Sep 5, 2026
CourtListener docket record
docket | Sep 5, 2026
Questions Presented
brief | Mar 8, 2026
Arellano
opinion | Jan 23, 2023
opinion
opinion | Jan 23, 2023
Petition
brief | Sep 17, 2021
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026
SupremeCourt.gov
official | Sep 5, 2026