Bloomberg Law
Jan. 23, 2023, 3:06 PMUpdated: Jan. 23, 2023, 3:42 PM

Veterans Can’t Sue After Missing Deadline, High Court Says (1)

Kimberly Strawbridge Robinson
Kimberly Strawbridge Robinson
Reporter

The US Supreme Court sided with the government in saying that veterans can’t seek disability benefits if they miss the one-year deadline to do so.

The unanimous decision, the first ruling of the term, was authored by Justice Amy Coney Barrett and affirmed a lower court ruling that found veterans were categorically prohibited from bringing such claims even if the delay was caused by their service-connected injury.

Navy veteran Adolfo Arellano says his schizophrenia, post-traumatic stress disorder, and other mental health conditions linked to a deadly collision on an aircraft carrier prevented him from filing for retroactive benefits within the one-year statute of limitations.

“Congress opted for rules in this statutory scheme, and an equitable extension of [the] 1-year grace period would disrupt that choice,” Barrett wrote for the court.

The case is Arellano v. McDonough, U.S., No. 21-432.

(Updates with details from the opinion.)

To contact the reporter on this story: Kimberly Strawbridge Robinson in Washington at krobinson@bloomberglaw.com

To contact the editors responsible for this story: Seth Stern at sstern@bloomberglaw.com; John Crawley at jcrawley@bloomberglaw.com