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Arellano v. McDonough

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-432 Fed. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the rebuttable presumption of equitable tolling from Irwin v. Department of Veterans Affairs applies to the one-year statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive disability benefits, and, if so, whether the government has rebutted that presumption; and (2) whether, if 38 U.S.C. § 5110(b)(1) is amenable to equitable tolling, this case should be remanded so the agency can consider the particular facts and circumstances in the first instance.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Sep 17 2021Petition for a writ of certiorari filed. (Response due October 21, 2021)
Oct 01 2021Motion to extend the time to file a response from October 21, 2021 to November 22, 2021, submitted to The Clerk.
Oct 04 2021Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2021.
Oct 21 2021Amicus brief of Military-Veterans Advocacy Inc. submitted.