Arellano v. McDonough

 
APPEAL NO.
20-1073
OP. BELOW
OPINION
TBD
SUBJECT
Veterans
AUTHOR
TBD

Question(s) Presented

  1. “Does the rebuttable presumption of the availability of equitable tolling articulated in Irwin v. Department of Veterans Affairs, 498 U.S. 89 (1990), apply to 38 U.S.C. § 5110(b)(1), and if so, is it necessary for the court to overrule Andrews v. Principi, 351 F.3d 1134 (Fed. Cir. 2003)?”
  2. “Assuming Irwin’s rebuttable presumption applies to § 5110(b)(1), has that presumption been rebutted?”
  3. “Assuming this court holds that Irwin’s rebuttable presumption applies to § 5110(b)(1), would such a holding extend to any additional provisions of § 5110, including but not limited to § 5110(a)(1)?”
  4. “To what extent have courts ruled on the availability of equitable tolling under statutes in other benefits programs that include timing provisions similar to § 5110?”

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