Murphy v. Derwinski’s Empirical Analysis

Citation profile

1 federal appellate ·

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 269 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A well[-]grounded claim is a plausible claim, one which is meritorious on its own or capable of substantiation. Such a claim need not be conclusive but only possible to satisfy the initial burden of [section 5107(a)].”

   3 later decisions quote this exact passage
   e.g. Shoop v. Derwinski · Proscelle v. Derwinski

2. “the fact that a BVA panel may include a physician is not by itself sufficient for the purposes of [ 38 U.S.C. § 7104 (d)(1) (formerly § 4004(d)(1))]_ BVA decisions must include the ‘reasons or bases’ for medical conclusions, even those opined by the BVA physician; a mere statement of an opinion, without more, does not provide an opportunity ... for this Court to review the BVA decision ‘on the record’ as required by 38 U.S.C. § [7252(b) (formerly § 4052(b)].”

   1 later decision quote this exact passage
   e.g. Connolly v. Derwinski

3. “Although the claimant has the burden of submitting evidence in support of the claim, that evidence may be in the veteran’s service record or other governmental records and, therefore, in the control of the Federal Government. In such situations, the VA should be responsible for providing the material — or seeing that it is provided — needed to make the determination on eligibility.”

   1 later decision quote this exact passage
   e.g. Sayre v. Derwinski