Melanie L. Bostwick , Orrick, Herrington & Sutcliffe LLP, Washington, DC, for amicus curiae Military-Veterans Advocacy Inc. Also represented by Anne Savin ; John B. Wells , Law Office of John B. Wells, Slidell, LA.
Jillian Berner , UIC John Marshall Law School Veterans Legal Clinic, Chicago, IL, for amicus curiae National Law School Veterans Clinic Consortium.
Liam James Montgomery , Williams & Connolly LLP, Washington, DC, for amici curiae National Organization of Veterans' Advocates, Inc., National Veterans Legal Services Program. Also represented by Debmallo Shayon Ghosh , Anna Johns Hrom ; Brian Wolfman , Georgetown Law Appellate Courts Immersion Clinic, Washington, DC.
Paul Wright, Marietta, SC, as amicus curiae, pro se.
Concurring opinion filed by Dyk, Circuit Judge, in which Newman, O'Malley, Reyna, Wallach, and Stoll, Circuit Judges, join.
Per Curiam.
Upon consideration en banc, a unanimous court holds that equitable tolling is not available to afford Mr. Arellano an effective date earlier than the date his application for benefits was received.
The court is equally divided as to the reasons for its decision and as to the availability of equitable tolling with respect to 38 U.S.C...
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