Arellano v. McDonough,
cert. granted, 142 S. Ct. 1106 (2022).
Oral argument scheduled for October 4, 2022.
Issues: (1) Whether the rebuttable presumption that plaintiffs can bring a lawsuit against the government even after the expiration of the statute of limitations under certain circumstances applies to the one-year statutory deadline in 38 U.S.C. § 5110(b)(1) for seeking retroactive veterans disability benefits; (2) if it applies, whether the government has successfully rebutted the presumption that the deadline can be flexible by showing Congress did not intend to allow for any flexibility; and (3) if the government has not rebutted the presumption, whether this case should be sent back to the U.S. Veterans Administration (“VA”) so it can consider whether Arellano’s particular circumstances justify an extension of the deadline.