Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

Does it walk and quack like a statute of limitations? Justices consider whether equitable tolling is available to veterans.

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In Tuesday’s oral argument, the Supreme Court grappled with three main issues in Arellano v. McDonough, a case about retroactive disability benefits for veterans who failed to apply for those benefits within the one-year window prescribed by a federal statute. First, the court looked into whether 38 U.S.C. § 5110(b)(1) is a statute of limitations to determine whether the Irwin presumption, which allows for equitable tolling, applies. Second, if it is a statute of limitations, the court pondered … Read the rest