Supreme Court of the United States, Arellano v. McDonough (2023)
“ The Secretary of Veterans Affairs advances two reasons why §5110 (b) (1) is not subject to equitable tolling. The first would head tolling off at the pass: He argues that §5110 (b) (1) is not a statute of limitations, so the presumption is wholly inapplicable. See Lozano, 572 U. S., at 13–14 (“ [W] e have only applied” Irwin’s presumption “to statutes of limitations”) . Rather than extinguishing a tardy claim (the function of a statute of limitations) , §5110 (b) (1) caps the award for a successful claim (a different function) . ”
