Arellano v. McDonough

Statutes of limitation are presumed to be subject to equitable tolling, but this presumption shifts if inconsistent with the statutory design. Irwin v. Department of Veterans Affairs, 498 U. S. 89, 95–96 (1990); John R. Sand & Gravel Co. v. United States, 552 U. S. 130, 137–138 (2008). It is inconsistent with the comprehensive statutory scheme to subject this narrow exception to equitable tolling. See 38 U. S. C. §§ 5110(a)(1), (b)(1).

Petitioner served in the Navy, and approximately thirty years after his honorable discharge applied for compensation with the Department of Veterans Affairs (VA). He was granted disability compensation for his service-related disability, dated to his application. See 38 U. S. C. §§ 1110, 1131, 5110(a)(1)(A). Petitioner argued that his award should be retroactively effective to his discharge date, equitably tolling the granting statute, because he was too ill to know he needed to apply for disability benefits. The Federal Circuit affirmed the VA’s decision. On appeal, the Supreme Court affirmed. Section 5110(b)(1) allows the VA to provide retroactive benefits back to date of discharge, if the application is received within one year of discharge. Statutes of limitation are presumed to be subject to equitable tolling, but this presumption shifts if inconsistent with the statutory design. Irwin v. Department of Veterans Affairs, 498 U. S. 89, 95–96 (1990); John R. Sand & Gravel Co. v. United States, 552 U. S. 130, 137–138 (2008). It is inconsistent with the statutory scheme to subject this exception to equitable tolling. The text of the statute indicates section 5110(b)(1) is a narrow, temporal exception to section 5110(a)(1), and structurally the comprehensive set of sixteen exceptions indicates Congress’ intent to set specific limitations. Affirmed.