Clyburn v. West’s Empirical Analysis
1999
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 9 later decisions — most recently June 2012
1 federal appellate ·
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
Applies 38 U.S.C. § 1111 · 38 U.S.C. § 1154 · 38 U.S.C. § 5107 · 38 U.S.C. § 7104 · 38 U.S.C. § 7261
Relies on Gilbert v. Derwinski · Epps v. West · Murphy v. Derwinski · Caluza v. Brown · Quarles 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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In finding that the veteran’s statements provided “a direct link between [his] active service and the current state of his claim,” the Court noted [in Falzone] that “pes planus is the type of condition that lends itself to observation by a lay witness,” and that when the issue is one of continuity of symptomatology, lay testimony may • suffice to reopen a claim. [Falzone, 8 Vet.App. at 403 ], In rejecting the Secretary’s argument that Mr. Falzone’s claim should fail because he had not submitted medical statements linking his current condition with his in-service condition, the Falzone Court stated that the nature of the evidence required depends upon the type of condition involved, and “where the determinative issue does not require medical expertise, lay testimony may suffice by itself.” Id. at 405 (quoting Heuer v. Brown, 7 Vet.App. 379, 384 (1995)). The Falzone Court held that since the determinative issue was not “medical in nature” (id. at 406), the veteran’s statements were competent as to the issues of pain since service and the observable flatness of his feet. Id.”
1 later decision quote this exact passage
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.