The United States Supreme Court issued it’s first decision of the year, and the ruling has 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.
How do we appeal
The C-N-C.
I served in the Navy during the Vietnam era, 1961-1971. I was never informed that I could apply for disability until 2018 when one of the staff at the VA hospital in Fresno, California told me. I have tinnitus and PTSD. I applied for disability in 2018 and was rated 10% disabled. It was not retroactive. The US Navy was responsible for telling me what benefits I was available for and they did not. Also, I believe that I am at least 40% disabled.
What is the PTSD from?
Hii, the Supreme Court has become adversarial due to Trump appointees. The Republicans have shown their ugly faces ince sgain.
The truth of the matter is that mi ey is their god. Elitests who are creati g unconstitutionsl laws that benefit big money. Not the oppressed or victimized..
I too was denied retro pay,
Suxh injustices ate a part of the ungodly.
Jesus is set to wipe the wicked ofd the earth. He will judge this planet and its leaders…
You are an idiot. The article says “The Supreme Court”. The Supreme Court is not Biden’s Administration. If I’m not mistaken, Trump’s Administration placed a couple people on The Supreme Court. My goodness. Why does it always have to be Reps and Dems. Oh, and the only way Trump will be president again is in his dreams.
your as slow as biden
Maybe he would be faster if he chased whores like trump
it was a 9-0 decision, 6 from a Rep.( 3 of those that did not come to the defense of the guy your still standing up for and will be in jail soon, and 3 from a Dem, so tell me please how does this have anything to do with Biden,
Oh wait FOX news said it
I agree. I don’t understand why he should even be allowed to run.
Because look at the stats, that says it all. All this is a witch hunt. Because a businessman came in and pissed in their playground
I agree and started to turn this Great Country around..
lmao
Biden’s regime are satanic and treasonous.President Trump will get us back on track.Biden’s destroyed all Of Trumps executive orders.But if we’re having to fight for our rights and VA compensation if there trying to take that away well then it will be the time to round up a lot of Veterans and let our voices be heard.I’m a 100% Vietnam vet 70/71 2/327th inf 101st Ann and I’m not going to allow them to take away what all Veterans have fought and died for and for those that need help they should give all veterans some kind of monetary awards etc. MJB
And you wonder why you are messed up…You supported Trump.
You’re an idiot Charles. Get your head out of your ass
Both of you are idiots, any president is not responsible for what our congress and senator fail to do, if they work together and look out for our soldiers and more for those that serve and now they are sick and nothing is done to take care of them just more hard time in the VA Hospital.
You have no clue what you’re saying, Qanon Zombie. When you finally wake up, you’re gonna be so pissed at yourself. But the rest if us will be laughing at you.
This is the epiphany of the VA and the US government.you are just a number to them.I am 100 percent P&T disabled from vietnam.It’’s the same old shit,the VA’s way of handling things is to wait Us out,because we will eventually die off and fade away.My heart goes out to my fellow brothers who gave the ultimate sacrifice with their lives.But do you know how many have died from agent orange and associated medical issues that never got treated or it was to late to be treated,try this on 600,000 plus,but you won’t ever hear about that!!!!! I am truly grateful for what I get paid from the VA,but their is not enough money in the world to take away the mental and physical pain I endure every day.My heart goes out the my fellow veterans that have never been due the compensation they deserved.It’s all a fucking numbers game the VA plays.but yet we will give a corrupt country billions of dollars that doesn’t give a shit about us Americans.Sad state of affairs.old Abe Lincoln must be turning over in his grave.So much for taking care of us fortunate veterans that made it home alive but scarred for life.May god give us peace and serenity till we pass away!!!! God rest your weary sole.
That was very well said
Amen!
This is shameful. There are so many military personnel who have served their country honorably, been decorated for valor and are suffering from conflict induced health issues and get mistreated by all employees (from top to bottom) while seeking to have their particular ailments treated. In my case the lack of care by Hospital staff was unbelievable. For example, at the height of the “pandemic” I was asked to set an appointment time for a physical exam. Dutifully reported to a closed, locked and unattended front entrance. I have ten such “clearance tags” from visits to local veteran’s hospital services where I entered, went to indicated clinic, and was told the clinic was closed, as were all offices and services…but down the hall was a full dress party with music ongoing, mirth and laughter a-plenty. VA Hospital is the biggest dump and shameful example of just how little military and civilian top brass dismisses honorable service personnel (some have Medals of Honor). And the top brass of the VA Hospitals across these fruited plains…just laugh, and joke about it. If I was going to survive, had to purchase an HMO PLAN to get care, specialists and ongoing medications…otherwise my fate would have been sealed in 2021. Then getting into local veterans cemetary…fuggetaboutit.. Military healthcare is a laughing matter…shame, shame upon these highly paid, corrupt “military players.” God Bless.
I don’t understand what is going on. There is some clause in the regulations that if you can prove that you had extenuating reasons why could file the VA is supposed to look at your case. They are supposed to look at each case on it’s on merit. I was brutally raped by my commanding officer in Fort Irwin California for eight months. This was in 1985 when nobody spoke of sexual abuse or rape especially men. I was discharged with a general discharge charge under honorable conditions due to drug abuse. I was ashamed, embarrassed and blaming myself for what happened. When I got out I was a heroin addict and a alcoholic. I did these things to forget what happened I didn’t want to deal with the trauma of what happened. It took me 30 years to ask for help. After many rehabs numerous suicide attempts, jail, psychiatric hospitals, and destroying my relationship with my son and wife I decided to get true help. On my last overdose my wife had to narcon me to save my life. I finally got clean and filed for benefits with the VA they gave me ten percent. After two years of fighting they gave me 100% for PTSD, major depression with suicidal ideation due to MST. On from when I filed 30 years ago I wasn’t able to file due to my addiction because of MST. They won’t even look at my case. The Supreme Court needs to take another look at the pain they are causing.
My name is Laura Adams and 100% Service Connected Disabled Veteran Dod and I have been trying and talking to counselors for years and they would just laugh in my face because I was raided by DLD when it was the DOD or the VA that could rate during the time that I was released… and just like Adolf I had extenuating circumstances I was severely agoraphobic they didn’t tell me what was wrong with me they put me on a walk a plane with a white dress on after they made me have a abortion because I suffered sexual trauma back then they call it sexual trauma , The word sexual trauma didn’t even come out of their mouth. Well for 20 years I was on the street smoking crack drinking everything I could on just whatever somebody handed me whatever it was I take it to I didn’t know my ass from a hole in the ground excuse my cursing but that’s just how it is. Well I finally got up the nerve to say that I was going to go back because I read somewhere in one of the papers that the VA hands out that I actually could go and file and get it. I was reading 100% total and permanent by the DOD in 1981 I did not get my compensation Until 2004.
Now I’m reading this about the supreme court how dare they. Do you know that only 1% of the population serves their country. When we all went in and took our test and get our pledge we were all giving our lives for our country because none of us knew if we would make it back if we would die for you to get hurt extremely bad or whatever. it seems like they wanna take everything away from us that they can and not keep their promises. But when we took our pledge we did as we promised/pledged…… So how can the supreme court come in and just say forget it you can’t have it. I am so sorry to rattle and go on and on about this that is just not right. And it seems the only way that veterans ever find out what most of their benefits are is 31 another it’s like they don’t want Veterans to have anything they the government I’m sorry Military doesn’t seem to want to keep their promise. I can go on about how bad did Vietnam veterans were treated and now they wanna make it up by putting some of the Vietnam veterans in a plane and taking them back to Vietnam to see the memorial. Well that’s all fine and dandy what about when they came home yeah what about when they came home the United States treated the Vietnam veterans flight crap. I’m sorry I just wanted to put my two cents worth in or one cent worth.
Hopefully this will be reversed because it’s just not fair it is absolutely not fair.
Laura Adams DAV/USN
I sure hope it is Laura I thought the VA for almost 50 years then it took a whole office full of lawyers to get 70% and then unemployability. Hell when I got out of the military I didn’t even know anything about the VA for about 5 or 6 years and I only found out by accident when I went to the hospital because I was in severe pain and one of the doctors there told me to go file for the VA and even gave me the address. I was one of those people that was given no rating and put in a special category where they did not rate anything else I’ve got a total of about 27 issues and out of all those issues they only rated me for PTSD and then said I couldn’t work. I’ve been following this case as much as I could, and right now I’m looking for any way I can to get something started to Get It reversed. But I think it’s going to take all of us veterans together speaking as one voice I know that will be a Monumental task because you have some officers out there that’s getting everything they want and they still look down on the rest of us you can tell that by just looking at some of the comments on here. I’ve seen some comments from officers that tell us we’re just a bunch of cry babies usually that’s somebody that said in an office didn’t even go out in the field but yet when they got out they knew how to do the system and they got their 100%. Yes I’m pissed over this because I’ve seen guys out there that’s even in worse shape than I am and they get nothing. It’s time for all of us veterans to stick together and speak as one voice
I agree on veterans getting together and working/demanding better care..
too many of us are hurting for too lack of care.
I am a Vietnam Vet (Army) and when I was going through processing out (Jan 1969) and at one of the meetings a VA Representative passed out a form to complete if we has any injuries while we were in the service. I had tripped a booby trap and had spent 2 1/2 months in several hospitals and I filled out the form and handed it back to the rep. He stated that when we got home we would be called by the VA for the C&P exam within two to three months after discharge. I was called and had my exam and was rated @30%. My current rating is 90% most of it due to Agent Orange and I have been in the VA system since 1969. My out processing was at Ft. Benning GA.
My husband is a disabled Vietnam Veteran who suffers from PTSD as well as other conditions due to his time in service. All I can say is to SCOTUS , SHAME, SHAME, SHAME,
I am and will always be a proud female MSgt in the USAF; however, I was sexually assaulted in May 1992 by my boss who was the deputy commander of the base commander. I unfortunately reported it to my Chief in Command and shit rolled down fast. I was PSCd so quickly out of that base, as a single parent along with my 5 year old son it was insane. My son’s life and mine were forever turn upside down. I got 10 percent when I retired in 2001 for PTSD. There was no way in hell I could have filed a claim for an increase for compensation because VA didn’t even recognize MST was a cause of PTSD til 2012. I am now at 70 percent but it took me 18 years to get that. I really wished he would have succeeded, but our Government, VA, and the Supreme Court sadly see us veterans are third class citizens. God bless all veterans!!
God bless you
If the Supreme court can take away our Benefits like that then Someone is not reading our contribution the right way. In there President Abrahan Lincoln Said at his Gettysburg address. we will take care of our Veteran’s Health, Monetary and Education, Let them read it before they make a fool of themselves
The fact that it was unanimous says it all..
These 9 people need to be replaced and I don’t mean by voting!! They are all what I call “educated idiots” because they may be book smart but have no real world experiences, especially regarding ANYTHING TO DO WITH MILITARY SERVICE!! They are all heartless bastards, as this latest ruling proves. May they all have long, slow, lingering deaths just like the millions of vets that are dealing with their multiple health issues on a daily basis.
You know that’s our problem, we the people put these people in power. so in order to change that all government services should have a four-year term just as the president has, out with the old in with the new
Assholes every fu;;ing one of them… sitting back with their lifetime gig
Ridiculous that a couple of suits who went through law school and milked the political spotlight their entire lives got to make this decision. They wouldn’t last a minute in the service so why is it justice to have them make the decisions. A vet is a vet no matter when they served or when they filed for disability, no one has the right to deny a veteran benefits, especially someone who never served. I’m a 100% service connected vet who had to fight for every percentage point! Why do we have to fight to be taken care of when we fought for the freedoms every American has the right to.
I agree with the decesion and I’m a disabled vet. I had (2) service connected injuries that didn’t become until later in life! I worked and and was functional for many years before I had to file for disability. I can see where this would overwhelm the VA if they had to determine when a condition became disabling. As it stands now and always has been- benefits are retroactive from the time you file the claim. This is common sense. Sounds like greedy attorneys were involved with this.
Yes this is bull shit these mf my 1st year in I was in Germany sleeping and 2 frickin guys came in and repeatedly rape me I kept this in for over 40 years last year was the first time I talked about it to a therapist at the VA and over that time I try to commit suicide over 20 times and last year is when I knew I could file and I got 2 months back pay so now I got a lawyer involved Im so disgusted right now and I finally got accepted to go to impatient to deal with this my whe life has been ruined your right they don’t give a damn about us let’s figure out what we all veterans can do to get this changed we all need to meet at the white (joke) house and give them a protest they will never forget
Yes this is bull shit these mf my 1st year in I was in Germany sleeping and 2 frickin guys came in and repeatedly rape me I kept this in for over 40 years last year was the first time I talked about it to a therapist at the VA and over that time I try to commit suicide over 20 times and last year is when I knew I could file and I got 2 months back pay so now I got a lawyer involved Im so disgusted right now and I finally got accepted to go to impatient to deal with this my whe life has been ruined your right they don’t give a damn about us let’s figure out what we all veterans can do to get this changed we all need to meet at the white (joke) house and give them a protest they will never forget
As usual,
Coming from those that have NEVER served/fought to defend this country.
I serrved in Vietnam. From that service I have several disabilities that has left me with 80% service connected but paid at 100% because I am unemployable and will be for the rest of my life.
My disabilities come from my service in Vietnam. So disability compensation should have started when I came back to the states from Vietnam not when my filing was for compensation was approved. I was back paid three years but that doesn’t seem appropriate. I have suffered for years and will suffer until I leave this world. No financial amount of compensation will take the place of physical disabilities for which I suffer.
None of them served and don’t give a crap about us veterans.
Just one of another blow to we Veterans who served.
They’re more than happy to take away services and support from us to give to their war machine we fought hard to keep from happening. It’s like we don’t matter anymore.
Just sad that this great country has gone this way.
The rul8ng said file within one year of getting out. ONE YEAR. THEY SHOULD KNOE AIN’T NI WAY IN HELL THEY GOING TO BACK PAY 20 YEARS. ARE YOU KIDDing me.
Franklin,
Like you, I’m deeply disappointed by the Supreme Court decision to deny retroactive benefits, especially since it may take longer than a year for manifestations to appear (as in my case.) I am thankful that benefits were retroactive to the date of my application.
What concerns me more is your use of this forum for your personal rant. Why not leave your political opinions out of it and stick to the subject at hand? That way you will appear more believable and less unhinged. Just a thought from an old, disabled Vietnam ground pounder.
My benefits were only retroactive 1 year. from the time I filed. Same for SS. I thought that one year from filing time has been in place for many years.
VA refused to pay according to judicial law
38cfr
They do not care
Trust he as well
I apoealed to the
BVA
After 2 plus yrs
Got a hearing for 22 mjn
Judge refused to allow me to read my evidence
4 months later also denied back money
For ( change of affective Date ))
VA states only have to pay from time claim is filed ,,
They said they’ are sorry
Right for treating me for terminal illness for 23.5 yrs that I never had
Didn’t find out until
2017 spring
Bottom line veterans of any branch
Any kind
We are only a number
They say screw us
If we don’t have evidence
You cannot file a claim period
But rated ok n paid
But no back money
They say go to the
Curcuit Court of Apoeals
You have 120 days from
Decision !!
They state decision is final ,,
That’s it
I feel for all veterans ,,
I would have to agree with the decision. Reason, any Vet should immediately file claims. If it is denied, immediately file an appeal. Then if 2 yrs , 20 yrs later, it will have an retro effectiveness. Waiting decades is totally inappropriate. NEVER listen to advise verbally, always get it in writing. I did so for my husband… later paid appropriately, and when I did so for my father, I had to file an appeal, it took 7 yrs for action, but it was paid retro. ALWAYS do every correspondence, application, and appeal and save your documents to your claims. VETS have rights, but not gimmies.
I did not know at the time of my discharge that I was having a problem. Finally, the problem got so bad I wound up in the hospital. When I told my army buddy about this he said “geez Eli, don’t you remember me bringing you to the emergency room three times between 1987-1990? I found you half in and half out of your car while it was running and you were unconscious”. That was the problem, this particular medical disability causes memory loss and I had no memory as a problem ever occurring. It took about 20 years before another major attack happened and I wound back up in the hospital. I couldn’t even fill out personal disability insurance forms because I could not remember to do them. I could not remember the information that they wanted. Memory loss is one of my issues. It did begin in the army but it took 20 years for me to have a fourth major attack, and even then I had to be told about the first three that has happened . I should have been medically retired after the first one. So no, I disagree with the decision. Also, after my very first “examination “by some old doctor who only listened to my heart (didn’t even examine my knees) and didn’t discuss any of my medical declared I had a 10% noncompensable disability of my knees. I was not told that I could appeal this. I was not told I could use the VA even though I was only 10% noncompensable. Nobody told me anything. The problem with my knees was caused by being on the army powerlifting team. How is that how is that not work related how? How is that not compensable? By the way, I know exactly what kind of exam was performed because I myself am physician and the guy administering the exam was a quack. I also am now up to 40% disability for the brain related stuff that has been going on since 1987.
I was in the Army in 1981. During that time I had 3 surgeries in and out of WPAFB Ohio.
I have filed for benefits to this day I have not received anything. The VA here is so overwhelmed that they have no way of knowing who is who.. I hired a lawyer to help with this. hopefully this will be the last time.
Disappointed in the VA.Disappointed in the Supreme Court.
This a serious blow to many veterans who proudly served their country and in some cases paid the ultimate price. Most veterans were unaware or unable to apply for disability benefits within the one year time period, So does this decision mean that other veterans receiving disability benefits will have them taken away because of this ruling? How sad.
Stand up against the system and DONT recommend anyone joining the military. Let politicians fight their wars. This is a clear message that the United States of America does not care about veterans that served so why should anyone sign up? If Biden doesn’t fix this, vote for the other man or woman. I voted Biden and now I see I made a mistake.
Supreme court has nothing to do with the president. Instead you have republican congress taking your health care and benefits away.
Man you must have your head in the sand – The Republican Congress has ONLY Been in Control of the House for 2 Weeks and nothing has been passed and sign into law by “Blood On His Hands Biden” that has impacted the time frame for filling a claim. The VA has set the rules for filling a claim.
There seems to be a lot of that kind of “Biden regret” going around lately…
What a load of CRAP!
This is just another blow to Veterans who served their country were injured.
I wanted to comment, but I have no words that I can use in this forum, that could possibly come close to being adequate in how I feel.
Like many before and after me, I gave the BEST YEARS OF MY LIFE, volunteering to give blood, sweat, and a marriage, and possibly my life, for a country that I am now watching being sold off to CHINA, by people who took the same oath I took.
I SWORE to defend this country and our CONSTITUTION, against all enemies, foreign and domestic.
Democrats and progressives are steering us into a CIVIL WAR and another WORLD WAR.
I pray everyday that I don’t have to go against my neighbor.
It will not be pretty.
Obviously, Franklin enjoys the political propaganda he is being fed … as do many of the haters who are responding. The rules are clear, tap dancing with a shyster lawyer to try and screw the system does not benefit anyone. But the lawyer and political hacks.
Was it a DEM or REPUB, that put us in the last war
CIVIL WAR-HMMM I WON BUT WAS CHEATED
WORLD WAR-I WON BECAUSE I SAID SO, SO THAT MEANS THEY CHEATED SINCE I DIDNT WIN
RESULT-MAKE MILLIONS