Arellano v. McDonough

Section 5110(a)(1) specifies that veterans should be awarded compensations from the time their application was received, unless "specifically provided otherwise" in 16 following enumerated provisions.

[8] Amicus curiae briefs were filed by multiple organizations, including the AARP[9] and the Constitutional Accountability Center.

With emphasis on the "[u]nless specifically provided otherwise" clause, the court concluded that the chapter's provisions are an exhaustive list of exceptions to the regular rule.

This determination is strengthened, according to the court, by the character of the provisions, which set detailed instructions for particular situations in which benefits qualify for an earlier date.

Moreover, these limits are not merely set in terms of time, but also mention the amount of recovery due, suggesting Congress' interest in capping retroactive benefits.

[13][14] In response to Arellano's structural counter-claims, the court asserted that (b)(1) could not be understood independently of (a)(1), and so it may not be analyzed separately for exceptions.