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Arellano v. McDonough

Docket No. Op. Below Argument Opinion Vote Author Term
21-432 Fed. Cir. Oct 4, 2022
TBD TBD TBD OT 2022

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.

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 2021Brief amicus curiae of Military-Veterans Advocacy Inc. filed.
Nov 09 2021Motion to extend the time to file a response from November 22, 2021 to December 22, 2021, submitted to The Clerk.
Nov 10 2021Motion to extend the time to file a response is granted and the time is further extended to and including December 22, 2021.
Dec 22 2021Brief of respondent Denis R. McDonough, Secretary of Veterans Affairs in opposition filed.
Dec 30 2021Reply of petitioner Adolfo R. Arellano filed. (Distributed)
Jan 05 2022DISTRIBUTED for Conference of 1/21/2022.
Feb 11 2022DISTRIBUTED for Conference of 2/18/2022.
Feb 22 2022Petition GRANTED.
Mar 10 2022Motion of the parties for an extension of time to file the briefs on the merits filed.
Mar 22 2022Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 13, 2022. The time to file respondent's brief on the merits is extended to and including July 18, 2022.
Apr 19 2022Motion to dispense with printing the joint appendix filed by petitioner Adolfo R. Arellano.
May 02 2022Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 13 2022Brief of petitioner Adolfo R. Arellano filed.
May 19 2022Brief amici curiae of Disabled American Veterans and Lee Kirby filed.
May 20 2022Brief amici curiae of Military-Veterans Advocacy Inc. and Jewish War Veterans of the United States of America, Inc. filed.
May 20 2022Brief amicus curiae of Constitutional Accountability Center filed.
May 20 2022Brief amicus curiae of Federal Circuit Bar Association filed.
May 20 2022Brief amicus curiae of National Law School Veterans Clinic Consortium filed.
May 20 2022Brief amici curiae of Edgewood Veterans, et al. filed.
Jun 14 2022ARGUMENT SET FOR Tuesday, October, 4, 2022.
Jun 22 2022Record requested from the Federal Circuit.