Adolfo R. ARELLANO, Claimant-Appellant
v.
Denis MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
Decided: June 17, 2021.
Decided: June 17, 2021.
Attorney(s) appearing for the Case
James R. Barney, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, Washington, DC, argued for claimant-appellant. Also represented by Alexander Edison Harding, Kelly Horn.
Barbara E. Thomas, Commercial Litigation Branch, Civil Division, United States Department of Justice, argued for respondent-appellee. Also represented by Brian M. Boynton, Claudia Burke, Martin F. Hockey, Jr., Andrew James Hunter; Christina Lynn Gregg, Y. Ken Lee, Office of General Counsel, United States Department of Veterans Affairs, Washington, DC.
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.
Hannah Lauren Bedard, Kirkland & Ellis LLP, Washington, DC, for amicus curiae Charles J. Raybine. Also represented by William H. Burgess.
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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