Plain-English summary
Court unanimously holds §5110(b)(1) effective date for VA disability awards not subject to equitable tolling
The Court unanimously affirmed that the one-year rule in 38 U.S.C. §5110(b)(1) — which fixes the effective date for VA disability benefits when an application is filed within one year of discharge — is not subject to equitable tolling. Veterans who miss that one-year window cannot get an earlier effective date through equitable tolling.
Why this matters
This decision resolves an important question for veterans seeking disability benefits: missing the one-year filing window in §5110(b)(1) generally prevents getting an earlier effective date, even in circumstances that a court might otherwise excuse. That affects how much backpay a veteran can receive. It also clarifies the limits of equitable tolling in veterans’ benefits law, giving veterans and the VA clearer rules for deadlines and benefits calculations.
Who may feel it
- Veterans applying for service-connected disability compensation
- Survivors and beneficiaries seeking retroactive benefit effective dates
- Veterans law practitioners and VA adjudicators
- Organizations that counsel veterans on claims and appeals
Key questions