Cole v. West’s Empirical Analysis
1999
Citation profile
Relationships
Applies 28 U.S.C. § 2412 · 38 U.S.C. § 1310 · 38 U.S.C. § 1311 · 38 U.S.C. § 1318 · 38 U.S.C. § 5101 · 38 U.S.C. § 5108 · 38 U.S.C. § 5109A · 38 U.S.C. § 5110
Relies on Christianson v. Colt Industries Operating Corp. · Bustos v. West · Fletcher v. Derwinski · Russell v. Principi · Allday v. Brown
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[UJnder the umbrella of a general section 1318 DIC claim, a VA claimant may receive section 1318 DIC under any one of the three following theories: (1) If the veteran was in actual receipt of compensation at a total disability rating for 10 consecutive years preceding death, see 38 U.S.C. § 1318 (b)(1); (2) if the veteran would have been entitled to receive such compensation but for CUE in previous final RO decisions and certain previous final BVA decisions ...; or (3) if, on consideration of the “evidence in the veteran’s claims file or VA custody prior to the veteran’s death and the law then or subsequently made retroactively applicable”, the veteran hypothetically would have been entitled to receive a total disability rating for a period or periods of time, when added to any period during which the veteran actually held such a rating, that would provide such a rating for at least the 10 years immediately preceding the veteran’s death, see Carpenter [(Angeline) v. West, 11 Vet.App. 140, 147 (1998) ]; Green[ v. Brown), 10 Vet.App. [111,] 118 [(1997)].”
1 later decision quote this exact passage · from the majoritye.g. Timberlake v. Gober“must provide at least the following: The date or approximate date of the decision sought to be attacked collaterally, or otherwise provide sufficient detail so as to identify clearly the subject prior decision, and must indicate how, based on the evidence of record and the law at the time of the decision being attacked, the veteran would have been entitled to have prevailed so as to have been receiving a total disability rating for ten years immediately preceding the veteran’s death. See Crippen [v. Brown, 9 Vet.App. 412, 420 (1996),] and Fugo [v. Brown, 6 Vet.App. 40, 44 (1993)].”
1 later decision quote this exact passage · from the majoritye.g. Timberlake v. Gober
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.