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Wednesday, January 25, 2023

SCOTUS: Veterans can't get retroactive benefits if they miss window

This article is only part of the story. The thing is, it has always been this way. Ask any veteran before reporters started to zero in on Afghanistan and Iraq veterans, and most had no clue what the hell came back with them from war.

I've been involved in this for 40 years and can tell you most of them had no clue what it was, what name it was called, or understood that waiting to "get over it" was the wrong idea. All they knew was how they changed from the person they were before they went into whatever war they fought. (Hell, most of us had no clue just living as survivors of what civilian life can do to us.)

I don't have a problem with the decision the Supreme Court made regarding a veteran trying to get compensation for #PTSD going back to the Gulf War. While that may shock some of you, the thing is, it has always been this way. I have more of a problem that our country forces the veteran to figure out what their service did to them within a year, instead of being proactive for the sake of the veteran.

The veteran had all the obligations to file claims and appeals on time but the VA doesn't seem to have the same obligation. If you are a veteran, do not fight them on your own. Their rules are rules for all veterans. The thing is, you don't have to fight them on your own. Turn to the DAV, VFW, or any of the other groups out there claiming they help with claims. Turn to your member of the House or Senate because they are supposed to have staff able to help veterans. 

Keep in mind,  you didn't fight the war alone and should have to fight this one alone now! Call in reinforcements!


Supreme Court is unusually late with first opinion of term

The Hill
BY ZACH SCHONFELD
01/23/23
The nine justices sided with the government’s position that veterans can’t receive retroactive disability benefits if they miss a one-year application window.
The Supreme Court handed down its first opinion of the term on Monday, ruling that a veteran who suffers from post-traumatic stress disorder (PTSD) is not eligible for retroactive disability benefits after he missed a statutory window.

The ruling in some ways marked a return to normal, with the justices resuming the pre-pandemic tradition of announcing opinions live from the bench.
The case involved Adolfo Arellano, a U.S. Navy veteran who suffers from PTSD linked to trauma from his deployment to the Persian Gulf during the Iranian hostage crisis.

Although he missed the window to receive disability benefits retroactive to his discharge date, Arellano argued that the law is subject to equitable tolling, a doctrine that allows for extensions in extraordinary circumstances. Arellano’s attorneys argued he couldn’t meet the deadline because of his mental condition.

The justices ruled that Congress specifically provided that courts should not grant those types of extensions for the provision.
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