Hatlestad v. Derwinski’s Empirical Analysis
1991
Citation profile
How this case has been cited
Cited by 123 later decisions — most recently June 2014 · most notably Caluza v. Brown (1995), Allday v. Brown (1995)
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Gilbert v. Derwinski · Sammarco v. Derwinski
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 123 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A veteran may be considered as unemployable upon termination of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or she is unable to secure further employment.”
2 later decisions quote this exact passage“This unique standard of proof applicable to claims before VA provides that when ‘there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant.’ 38 U.S.C. § 3007 (b) (1988). Therefore, ‘when a veteran seeks benefits and the evidence is in relative equipoise, the law dictates that [the] veteran prevails.... By tradition and by statute, the benefit of the doubt belongs to the veteran.’ Gilbert, 1 Vet.App. at 54 .”
1 later decision quote this exact passagee.g. O'Hare v. Derwinski“It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled....”
1 later decision quote this exact passagee.g. Mingo v. Derwinski
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.