Cummings v. West’s Empirical Analysis
136 F.3d 1468 · 1998
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 30 later decisions — most recently November 2015 · most notably Bailey v. West (1998), Jaquay v. Principi (2002)
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
Relies on Pierce v. Underwood · Ingersoll-Rand Co. v. McClendon · Crandon v. United States · Burlington Northern Railroad v. Oklahoma Tax Commission · Interstate Commerce Commission v. Brotherhood of Locomotive Engineers
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 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A[n NOA] must be filed with the Court within 120 days from the date of mailing of the notice of the BVA’s decision.... The Court’s address is: The United States Court of Appeals for Veterans Claims, 625 Indiana Avenue, NW, Suite 900, Washington, DC 20004.... You must also mail a copy of the [NOA] to the VA General Counsel (027), 810 Vermont Avenue, NW, Washington, DC 20420. However, this does not take the place of the [NOA] you must file with the Court. Filing a copy of your [NOA] with the General Counsel, the Board, or any other VA office WILL NOT protect your right of appeal to the Court.”
2 later decisions quote this exact passage · from the majority“general outline of the available procedures for obtaining review,”
2 later decisions quote this exact passage · from the majority“(a) In order to obtain review by the Court of Appeals for Veterans Claims of a final decision of the Board of Veterans’ Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is mailed pursuant to [38 U.S.C. § ] 7104(e) of this title. (b) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court. (c) A notice of appeal shall be deemed to be received by the Court as follows: (1) On the date of receipt by the Court, if the notice is delivered. (2) On the date of the United States Postal Service postmark stamped on the cover in which the notice is post ed, if the notice is properly addressed to the Court and is mailed. (d) For a notice of appeal mailed to the Court to be deemed to be received under subsection (c)(2) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court’s determination as to legibility shall be final and not subject to review by any other Court.”
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.