Supreme Court of the United States

Summary

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) .
Source: Wikisource

Supreme Court of the United States Arellano v. McDonough (2023)

But the statute specifies 16 exceptions, one of which is relevant here: If the VA receives the application within a year of the veteran’s discharge, the effective date is the day after the veteran’s discharge. We must decide whether this exception is subject to equitable tolling, a doctrine that would allow some applications filed outside the 1-year period to qualify for the “day after discharge” effective date. We hold that the provision cannot be equitably tolled.
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The United States offers benefits to any veteran who suffers a service-connected disability. 38 U. S. C. §§1110, 1131.
Source: Wikisource

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