Spencer v. Brown’s Empirical Analysis
17 F.3d 368 · 1994
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 53 later decisions — most recently July 2021 · most notably Cook v. Principi (2002), Gadsby v. Grasmick (1997)
5 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. § 1110 · 38 U.S.C. § 1112 · 38 U.S.C. § 5108 · 38 U.S.C. § 5110 · 38 U.S.C. § 7104 · 38 U.S.C. § 7292
Relies on United States v. Nordic Village, Inc. · Gade v. National Solid Wastes Management Assn. · Crandon v. United States · National Labor Relations Board v. Lion Oil Co. · Livingston 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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When a provision of law or regulation creates a new basis of entitlement to benefits, as through liberalization of the requirements for entitlement to a benefit, an applicant’s claim of entitlement under such law or regulation is a claim separate and distinct from a claim previously and finally denied prior to the liberalizing law or regulation. The applicant’s latter claim, asserting rights which did not exist at the time of the prior claim, is necessarily a different claim. See, e.g., Sawyer v. Derwinski, 1 Vet.App. 130, 133 (1991).”
1 later decision quote this exact passage · from the majoritye.g. Ashford v. Brown“Unless specifically provided otherwise in this chapter, the effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.”
1 later decision quote this exact passage · from the majoritye.g. Livesay v. Principi“Final decisions on such appeals shall be made by the Board.... Except as provided in section 5108 of this title, when a claim is disallowed by the Board, the claim may not thereafter be reopened and allowed and a claim based upon the same factual basis may not be considered.”
1 later decision quote this exact passage · from the majoritye.g. Dittrich v. West
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.