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SUPREME COURT OF THE UNITED STATES
_________________
No. 21–432
_________________
ADOLFO R. ARELLANO, PETITIONER
v. DENIS
R. McDONOUGH, SECRETARY OF VETERANS AFFAIRS
on writ of certiorari to the united states
court of appeals for the federal circuit
[January 23, 2023]
Justice Barrett delivered the opinion of the
Court.
This case concerns the effective date of an
award of disability compensation to a veteran of the United States
military. The governing statute provides that the effective date of
the award “shall not be earlier” than the day on which the
Department of Veterans Affairs (VA) receives the veteran’s
application for benefits. But the statute specifies 16 exceptions,
one of which is relevant here: If the VA receives the application
within a year of the veteran’s discharge, the effective date is the
day after the veteran’s discharge. We must decide whether this
exception is subject to equitable tolling, a doctrine that would
allow some applications filed outside the 1-year period to qualify
for the “day after discharge” effective date. We hold that the
provision cannot be equitably tolled.
I
A
The United States offers benefits to any
veteran who suffers a service-connected disability. 38
U. S. C. §§1110, 1131. A veteran seeking these benefits
must file a claim with the VA. §5101(a)(1)(A). “A regional office
of the VA then determines whether the veteran satisfies all legal
prerequisites, including the requirement that military service
caused or aggravated the disability.”
George v.
McDonough, 596 U. S. ___, ___–___ (2022) (slip op., at
1–2). If the regional office grants the application, it assigns an
“effective date” to the award, and payments begin the month after
that date. §§5110(a)(1), 5111(a)(1). If the effective date precedes
the date on which the VA received the claim, the veteran receives
retroactive benefits.
Section 5110 dictates how this date is
calculated. The default rule is that “the effective date of an
award . . . shall be fixed in accordance with the facts
found, but shall not be earlier than the date of receipt of
application therefor.” §5110(a)(1). This rule applies “[u]nless
specifically provided otherwise in this chapter.”
Ibid.
Sixteen exceptions in §5110 “provid[e] otherwise,” including one
specifying that “[t]he effective date of an award of disability
compensation to a veteran shall be the day following the date of
the veteran’s discharge or release if application therefor is
received within one year from such date of discharge or release.”
§5110(b)(1). On its face, this exception allows up to one year of
retroactive benefits. But if the VA can treat an application filed
more than one year after discharge as if it had been filed within
the statutory window, a veteran could potentially recover decades’
worth of retroactive payments.
B
Adolfo Arellano served in the Navy from 1977
until his honorable discharge in 1981. Approximately 30 years
later, the VA received Arellano’s application for disability
compensation based on his psychiatric disorders. A VA regional
office found that Arellano’s disorders resulted from trauma that he
suffered while serving on an aircraft carrier that collided with
another ship. So the regional office granted Arellano benefits for
his service-connected disabilities—schizoaffective disorder bipolar
type with posttraumatic stress disorder. It assigned an effective
date of June 3, 2011, the day that the VA received his claim.
Arellano appealed the regional office’s decision
to the VA’s Board of Veterans’ Appeals. He acknowledged that he did
not submit an application for benefits until June 2011. But he
argued that the regional office should have equitably tolled
§5110(b)(1)’s 1-year timeline to make his award effective as of the
day after his discharge from service in 1981 or, at the latest,
January 1, 1982. In support of equitable tolling, Arellano alleged
that he had been too ill to know that he could apply for
service-connected disability benefits. The Board denied Arellano’s
request for equitable tolling, and the Court of Appeals for
Veterans Claims affirmed.
The en banc Federal Circuit affirmed the
judgment unanimously but divided equally on the supporting
rationale. Half the court, adhering to Circuit precedent,
maintained that §5110(b)(1) is not subject to equitable tolling. 1
F. 4th 1059, 1086 (2021) (Chen, J., concurring in judgment); see
Andrews v.
Principi,
351 F.3d 1134 (2003). The other half, rejecting Circuit
precedent, reasoned that §5110(b)(1) is subject to equitable
tolling but that tolling was unwarranted on the facts of Arellano’s
case. 1 F. 4th, at 1099 (Dyk, J., concurring in judgment).
We granted certiorari to resolve which side had
the better interpretation of the statute. 595 U. S. ___
(2022).
II
Equitable tolling “effectively extends an
otherwise discrete limitations period set by Congress.”
Lozano v.
Montoya Alvarez,
572 U.S.
1, 10 (2014). In practice, it “pauses the running of, or
‘tolls,’ a statute of limitations when a litigant has pursued his
rights diligently but some extraordinary circumstance prevents him
from bringing a timely action.”
Ibid. The doctrine “is a
traditional feature of American jurisprudence and a background
principle against which Congress drafts limitations periods.”
Boechler v.
Commissioner, 596 U. S. ___, ___
(2022) (slip op., at 8). Consistent with this jurisprudential
backdrop, we presume that federal statutes of limitations are
subject to equitable tolling.
Irwin v.
Department of
Veterans Affairs,
498 U.S.
89, 95–96 (1990). The
Irwin presumption, however, is
just that—a presumption. It can be rebutted, and if equitable
tolling is inconsistent with the statutory scheme, courts cannot
stop the clock for even the most deserving plaintiff.
John R.
Sand & Gravel Co. v.
United States,
552 U.S.
130, 137–138 (2008);
United States v.
Beggerly,
524 U.S.
38, 48–49 (1998).
The Secretary of Veterans Affairs advances two
reasons why §5110(b)(1) is not subject to equitable tolling. The
first would head tolling off at the pass: He argues that
§5110(b)(1) is not a statute of limitations, so the presumption is
wholly inapplicable. See
Lozano, 572 U. S., at 13–14
(“[W]e have only applied”
Irwin’s presumption “to statutes
of limitations”). Rather than extinguishing a tardy claim (the
function of a statute of limitations), §5110(b)(1) caps the award
for a successful claim (a different function). Brief for Respondent
18–22. That it does so with reference to the time of filing, the
Secretary says, does not convert it into a statute of limitations.
Id., at 21. In any event, the Secretary adds, equitable
tolling is at odds with the statutory text and structure—so even
assuming that §5110(b)(1) sets a limitations period, the
presumption is rebutted.
We need not address the Secretary’s first
argument because the second is straightforward. The presumption is
rebutted if “there [is] good reason to believe that Congress did
not want the equitable tolling doctrine to apply.”
United
States v.
Brockamp,
519 U.S.
347, 350 (1997). In this case, there is very good reason to
draw that conclusion. Section 5110 contains detailed instructions
for when a veteran’s claim for benefits may enjoy an effective date
earlier than the one provided by the default rule. It would be
inconsistent with this comprehensive scheme for an adjudicator to
extend effective dates still further through the doctrine of
equitable tolling.[
1]
A
Start with the text. Section 5110(b)(1)
operates as a limited exception to §5110(a)(1)’s default rule,
which states that “the effective date of an award . . .
shall be fixed in accordance with the facts found, but shall not be
earlier than the date of receipt of application therefor.” The
default applies “[u]nless specifically provided otherwise in this
chapter”—a clause indicating that Congress enumerated an exhaustive
list of exceptions, with each confined to its specific terms.
§5110(a)(1). According to the terms of the exception in
§5110(b)(1), “[t]he effective date of an award of disability
compensation to a veteran shall be the day following the date of
the veteran’s discharge or release if application therefor is
received within one year from such date of discharge or release.”
Equitably tolling this provision would depart from the terms that
Congress “specifically provided.” §5110(a)(1).
The structure of §5110 reinforces Congress’s
choice to set effective dates solely as prescribed in the text. The
statute sets out detailed instructions that explain when various
types of benefits qualify for an effective date earlier than the
default. There are 16 such exceptions—and equitable tolling is not
on the list. See §§5110(b)(1), (b)(2)(A), (b)(3), (b)(4)(A), (c),
(d), (e)(1), (e)(2), (f ), (g), (h), (i), (j), (k), (l), (n).
Notably, these exceptions do not operate simply as time
constraints, but also as substantive limitations on the amount of
recovery due. See,
e.g., §5110(g) (“In no event shall [an]
award or increase [under this paragraph] be retroactive for more
than one year from the date of application therefor or the date of
administrative determination of entitlement, whichever is
earlier”). We stated in
Brockamp that an “explicit listing
of exceptions” in a statute containing “detail” and describing “not
only procedural limitations, but also substantive limitations on
the amount of recovery” strongly indicated that “Congress did not
intend courts to read other unmentioned, open-ended, ‘equitable’
exceptions into the statute that it wrote.” 519 U. S., at 352.
So too here. If Congress wanted the VA to adjust a claimant’s
entitlement to retroactive benefits based on unmentioned equitable
factors, it is difficult to see why it spelled out a long list of
situations in which a claimant is entitled to adjustment—and
instructed the VA to stick to the exceptions “specifically
provided.” §5110(a)(1).
That many of the specific exceptions reflect
equitable considerations heightens the structural inference.
Several, including §5110(b)(1), apply when the event triggering the
entitlement to benefits is disability or death—both circumstances
in which prompt filing could be challenging for a veteran or her
survivors. See §§5110(b)(1), (b)(3), (b)(4)(A), (d); cf.
Lozano, 572 U. S., at 10 (noting that equitable tolling
may be appropriate when a person diligently pursues her rights but
an “extraordinary circumstance prevents [her] from bringing a
timely action”). One permits an earlier effective date for the
award of benefits to a veteran’s child, a claimant typically
dependent on others for prompt filing. §5110(e)(1). Still others
permit retroactive benefits when facts change or new evidence
emerges. See §5110(h) (permitting retroactive benefits when actual
income would increase a pension that had been awarded based on
anticipated income); §5110(i) (permitting retroactive benefits when
“any disallowed claim is readjudicated and thereafter allowed on
the basis of new and relevant evidence resulting from the
correction of ” certain military records). Yet despite its
attention to fairness, Congress did not throw the door wide open in
these circumstances or any other. In all but one instance, Congress
capped retroactive benefits at roughly one year.[
2]
This pattern matters. That Congress accounted
for equitable factors in setting effective dates strongly suggests
that it did not expect an adjudicator to add a broader range of
equitable factors to the mix. And its decision to consistently cap
retroactive benefits strongly suggests that it did not expect
open-ended tolling to dramatically increase the size of an award.
When Congress has already considered equitable concerns and limited
the relief available, “additional equitable tolling would be
unwarranted.”
Beggerly, 524 U. S., at 48–49.
Section 5110(b)(4), another disability-related
exception to the default rule, illustrates the point. Recall that
§5110(b)(1), the exception at issue here, adjusts the effective
date of disability compensation to the day after a veteran’s
discharge from the military, so long as the VA receives the claim
within one year of discharge. Arellano contends that his claim,
filed 30 years after discharge, should relate back to the date of
discharge because his disability prevented him from filing earlier
than he did. But §5110(b)(4), which applies to disability pensions
rather than disability compensation, expressly accounts for this
very concern: It makes pension benefits retroactive to the date of
permanent and total disability if the disability prevented the
veteran from applying for an award at the time of onset.
§§5110(b)(4)(A), (B). The possibility that disability could cause
delay was therefore on Congress’s radar; still, Congress did not
explicitly account for it in §5110(b)(1). Moreover, while Arellano
posits an open-ended grace period for §5110(b)(1), §5110(b)(4)(A)
imposes a restrictive one: It applies only “if the veteran applies
for a retroactive award within one year” of “the date on which the
veteran became permanently and totally disabled.” Why would
Congress allow an unlimited grace period for an equitable concern
unmentioned in §5110(b)(1) when it established a limited grace
period for the same concern explicitly mentioned in §5110(b)(4)?
Tolling §5110(b)(1) would single it out for special treatment;
enforcing its terms keeps it consistent with the statutory
scheme.
The most compelling argument for equitable
tolling is that hard and fast limits on retroactive benefits can
create harsh results. The statutory default ties the start of
benefits to the application-receipt date, a choice that
incentivizes promptness and disfavors retroactive awards. The
exceptions granting a 1-year grace period soften that choice in
specified circumstances, yet there are situations in which equity’s
flexible, open-ended approach would be more generous to a deserving
claimant. With this in mind, Congress could have designed a scheme
that allowed adjudicators to maximize fairness in every case. But
Congress has the power to choose between rules, which prioritize
efficiency and predictability, and standards, which prioritize
optimal results in individual cases. Cf.
Brockamp, 519
U. S., at 352–353 (observing that “Congress decided to pay the
price of occasional unfairness in individual cases . . .
in order to maintain a more workable tax enforcement system”).
Congress opted for rules in this statutory scheme, and an equitable
extension of §5110(b)(1)’s 1-year grace period would disrupt that
choice.
B
Arellano contests all of this. Laser focused
on §5110(b)(1), he argues that the provision’s unadorned text
contains none of the specific, technical language that might
otherwise rebut the presumption of equitable tolling. In addition,
he emphasizes that there are “
zero express exceptions to
§5110(b)(1)’s one-year clock,” which he describes as “fatal” to the
Secretary’s position. Reply Brief 14. As Arellano sees it,
§5110(b)(1) is a simple time limit and therefore a classic case for
equitable tolling.
If §5110(b)(1) stood alone, there might be
something to Arellano’s argument. (Again, assuming that §5110(b)(1)
is a limitations period to which the
Irwin presumption
applies.) But §5110(b)(1) cannot be understood independently of
§5110(a)(1), which makes the date of receipt the effective date
“[u]nless specifically provided otherwise in this chapter.”
Arellano insists that the Secretary overreads “unless” by treating
it as a signal that the enacted exceptions are exclusive. Brief for
Petitioner 31–32. But the clause says more than “unless”—it says
that the default applies “[u]nless
specifically provided
otherwise.” §5110(a)(1) (emphasis added). That is an instruction to
attend to specifically enacted language to the exclusion of
general, unenacted carveouts. While Arellano claims to seek an
equitable exception to a general rule, he actually seeks an
equitable exception to an exception to a general rule.
Structurally, that is a heavy lift. Moreover, §5110(b)(1) is
nestled within a list of 15 other exceptions to §5110(a)(1)’s
default rule, and, as we have already explained, the presence of
this detailed, lengthy list raises the inference that the
enumerated exceptions are exclusive.
Arellano also resists the proposition that the
express accounting for disability-caused delay in §5110(b)(4) hurts
his case. On the contrary, he insists that it works in his favor.
Citing
Young v.
United States,
535 U.S.
43 (2002), he maintains that an express tolling provision does
not displace the presumption of tolling but rather demonstrates
that a statute incorporates traditional equitable principles. Brief
for Petitioner 37–38. According to Arellano, Congress’s silence in
§5110(b)(1) merely shows that it wanted those traditional
principles to apply at full strength.
Ibid.; Reply Brief
19–20.
We disagree. Section 5110(b)(4) does not help
Arellano; for the reasons we have already explained, it illustrates
why equitably tolling §5110(b)(1) is incongruent with the statutory
scheme.
Young is inapposite. There, we concluded that an
“express tolling provision” for a time limit in a bankruptcy
statute supported equitable tolling of a different time limit in
the same statute. 535 U. S., at 53. But that was largely
because the express tolling provision authorized tolling where
equity would not otherwise have permitted it.
Ibid. As a
result, we interpreted the express tolling provision to
“supplemen[t] rather than displac[e] principles of equitable
tolling.”
Ibid. (emphasis deleted). Here, however,
§5110(b)(4) does not authorize tolling that equity would not
otherwise have allowed. If anything, its conditional and narrow
applicability limits tolling that might otherwise have occurred.
Though Arellano makes a valiant effort to turn a negative into a
positive, §5110(b)(4) remains an obstacle to his
interpretation.
Finally, Arellano contends that “the ‘nature of
the underlying subject matter’ ”—veterans’ benefits—counsels
in favor of tolling here. Brief for Petitioner 33–34. To support
this proposition, he invokes
Brockamp, which considered
whether courts can equitably toll time limits for filing tax-refund
claims. 519 U. S., at 348. After holding that the statute’s
text and structure rebutted the
Irwin presumption, we
observed that the “nature of the underlying subject matter—tax
collection—underscore[d] the linguistic point.”
Brockamp,
519 U. S., at 352. “Tax law, after all, is not normally
characterized by case-specific exceptions reflecting individualized
equities.”
Ibid. By contrast, Arellano argues, providing
benefits to veterans is a context in which individualized equities
are paramount. See
King v.
St. Vincent’s Hospital,
502 U.S.
215, 220, n. 9 (1991) (“[P]rovisions for benefits to members of
the Armed Services are to be construed in the beneficiaries’
favor”).
If the text and structure favored Arellano, the
nature of the subject matter would garnish an already solid
argument. But the nature of the subject matter cannot overcome text
and structure that foreclose equitable tolling.
Brockamp
turned to the “nature of the underlying subject matter” only to
“underscor[e] the linguistic point.” 519 U. S., at 352.
Arellano, however, lacks the linguistic point. This is not a case
in which competing interpretations are equally plausible; it is one
in which Congress’s choice is evident.[
3]
* * *
We hold that §5110(b)(1) is not subject to
equitable tolling and affirm the judgment of the Court of
Appeals.
It is so ordered.
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