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← 120 F.3d 1239 - Ramey v. Gober

Ramey v. Gober’s Empirical Analysis

120 F.3d 1239 · 1997

Citation profile

11
cited by 11 later decisions
April 2010
most recently cited

1 federal appellate ·

Relationships

Relies on Bowles v. Seminole Rock & Sand Co. · Martin v. Occupational Safety & Health Review Commission · Lyng v. Payne · Krizman v. Merit Systems Protection Board · Lefevre v. Secretary, Department of Veterans Affairs

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

  1. “(e) Factors for Consideration. Factors to be considered in determining whether a veteran’s disease resulted from exposure to ionizing radiation in service include: (1) The probable dose, in terms of dose type, rate, and duration as a factor in inducing the disease, taking into account any known limitations in the dosimetry devices employed in its measurement or the methodologies employed in its estimation; (2) The relative sensitivity of the involved tissue to induction, by ionizing radiation, of the specific pathology; (3) The veteran’s gender and pertinent family history; (4) The veteran’s age at time of exposure; (5) The time-lapse between exposure and onset of the disease; and (6) The extent to which exposure to radiation, or other carcinogens, outside of service may have contributed to the development of the disease.”
    1 later decision quote this exact passage · from the majority
  2. “Section 3.311, which the agency promulgated following the enactment of the Radiation Compensation Act, establishes a procedure for dealing with claims brought by radiation-exposed veterans or their survivors. When it is determined that a veteran was exposed to ionizing radiation during service and developed a radiogenic disease within a specified period after exposure, the regulation provides that the claim will be referred to the DVA’s Under Secretary for Benefits. See 38 C.F.R. § 3.311 ( b)(l).”
    1 later decision quote this exact passage · from the majority

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.