Thousands of Veterans May See Disability Deadline Waived as Supreme Court Takes Up Case

Finnegan’s client Adolfo Arellano appealed his veterans disability case to be heard at the Supreme Court of the United States (SCOTUS). Arellano developed post-traumatic stress disorder (PTSD) and other mental health conditions following an aircraft carrier collision he experienced during his time in the U.S. Navy. He was unable to file for disability payments by the one-year filing deadline due to the service-related mental health conditions he developed. Arellano argues that the statute of limitations for filing with the Department of Veterans Affairs should have been waived due to the health conditions he was facing, also known as the legal concept, equitable tolling. The claims in the case were initially denied by the Court of Appeals for Veterans Claims and then led to a split decision in the Court of Appeals for the Federal Circuit (CAFC). Finnegan partner James Barney represents Arellano pro bono in the case and said that if the SCOTUS rules in favor of Arellano, the decision has the potential to affect thousands of current and future veterans.

James explained that, as the equitable tolling doctrine operates now, veterans are unable to dispute the one-year deadline “no matter how compelling the individual circumstances.”

He continued, “It would apply a more flexible rule that would be to the benefit of potentially thousands of disabled veterans...The equitable tolling doctrine is only supposed to apply in extenuating circumstances, but when you are talking about disabled veterans, there often are extenuating circumstances.”

James explained that in some cases, veterans fail to file a claim for disability in the first year following discharge due to more reasons than incapacitation: “This would at least give these veterans an opportunity to ask the court to toll these deadlines because, as of right now, the veteran has zero chance of asking for [a waiver].”

James believes that the SCOTUS agreed to hear the case due the division at the CAFC. He said, “When you see that kind of split, it means they need to look into it. That’s the role of the Supreme Court, to step in and try to decide.”

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