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  • J. Olson

US Supreme Court Denies Retroactive Benefits to Veterans in Ruling

The United States Supreme Court issued a ruling in 2023 that sparked outrage among Veterans groups across the nation.


The Supreme Court decided unanimously to deny compensation to Veterans with disabilities stemming from service if they didn't apply "within one year of their discharge." Even if the delay occurred because of their disability.


The case revolved around former Navy Sailor Adolfo Arellano, who served from 1977 to 1981. During his time in service, Arellano was nearly swept overboard when his ship collided with a freighter. During the incident the sailor watched several of his friends get killed and has suffered PTSD and other psychological issues as a result.


He was left unable to work, and due to his illnesses he was not aware that he could have received disability compensation from the government.


It wasn't until 2011 that his brother, who became his legal guardian and caregiver, found out that Arellano was eligible for benefits. At that time, his brother filed for compensation on the sailor's behalf and requested retroactive benefits for the past 30 years.


The VA denied his request since it was not filed within one year of Arellano's discharge from the military, and said they would only give him benefits going forward.


The sailor and his brother appealed the decision, and it ultimately landed at the Supreme Court.


Now the Supreme Court has handed down their opinion, which is as follows (via Military.com):

The U.S. Supreme Court unanimously rejected a veteran's argument that his disability compensation should have been made retroactive to his date of discharge because his condition rendered him incapable of filing a claim within the required one-year window after leaving military service.
In a 9-0 opinion announced Monday, the justices rejected the arguments of Navy veteran Adolfo Arellano, saying that his case and others like it don't meet requirements for an exception from the rule that allows veterans to have their compensation backdated to the date they left service if they file within a year of separation.

A number of Veterans groups have slammed the Supreme Court's decision as a painful blow to military members who were injured while serving their country.



32 Comments


ROWDYHORSE
2 days ago

of course nobody tells you seeing a VA doctor is 1 in a million. seeing a VA doctor who truly gives a damn and ignores his va department budget is maybe 1 in 2 million.

Be patient. Be polite. Fight the scum who ignore your needs by being persistant.

Also there are some very prominent law firms available for appeals.

these attorneys know the VA and they know the games.


i am currently being reviewed for my dialysis. what a HUGE HASSLE!!

been screwed by the VA more than once. NOT thisw time. if they try anything i deo not agree

with i have the finest VA appeals LAW FIRM ready and waiting for me to sign the dotted line


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ROWDYHORSE
2 days ago

nobody ever told my Marines anything about dealing with/working `with the rat infested VA/

in fact being ANY sort of sick in my Marine Corps was only for mommy boys and punks.

so what man runs to the va? particularly since you do not have a clue who they are or what they are

'supposed' to do for YOU?

SO ..........

your now a civilian, not feeling well one day, and you go see your family doctor.

HUGE PERMANENT MISTAKE

you must report to the lousy va IF ITS FROM YOUR MLTARY DAYS

the va surface reason is that they want va doctors to assist you so the va has its own file on

you and your troubles.

of course…


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ROWDYHORSE
2 days ago

the comments made about TRUMP are total fake news BS - fact.

he supports the military, police, border patrol, ice, atf, fbi etc no matter

if your wounded or not - FACT.

TRUMP cleaned up YOUR va WHERE NO OTHER PRESIDENT EVER DID - fact.

if you give a rip, if you want justice, you better have brains enough to make

darned sure you vote for TRUMP this NOVEMBER 5th - FACT.

leave scum like msnbc and cnn to the rats.


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ROWDYHORSE
2 days ago

BIDEN, HIS WIFE, HIS SON SHOULD BE HUNG FOR TREASON, LIES, CRIMINAL ACTS..

ALL OTHER FAMILY MEMBERS INVOLVED SHOULD BE JAILED WITH LIFE TERMS.

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Gary Swenson
Gary Swenson
May 06

I don’t know if any of you know but I heard that they at lease went back 5 years from your claim but not back all the way to when you got out which is still a lot of money but they stopped that cause they found out that veterans were abusing the money they got so the politicians stopped that going back 5 years so when they do try to give us some years that you will always have people do shit to mess it up and screw it up for the rest of us that’s in everything in life there will always be people to mess up a good program so sometimes we do it to ourselves instead…

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