Jensen v. Brown’s Empirical Analysis
19 F.3d 1413 · 1994
Citation profile
5 federal appellate ·
How this case has been cited
Cited by 44 later decisions — most recently March 2015 · most notably Forshey v. Principi (2002), Caluza v. Brown (1995)
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. § 1153 · 38 U.S.C. § 1154 · 38 U.S.C. § 7292
Relies on Bender v. Williamsport Area School District · Campbell v. United States · Prenzler v. Derwinski · Hunt 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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease ... notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran.”
9 later decisions quote this exact passage · from the majority“Once this showing has been made, the government has the burden to rebut by clear and convincing proof.... Placing this burden on the government is consistent with the congressional intent to give veterans liberalized methods of proving [service connection and] ... comports with the general rule that where evidence required to prove a fact is peculiarly within the knowledge and competence of one of the parties, fairness requires that party to bear the burden of coming forward. See Campbell v. United States, 365 U.S. 85 , 81 S.Ct. 421 , 5 L.Ed.2d 428 (1961).”
1 later decision quote this exact passage · from the majoritye.g. Caluza v. Brown“A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progression of the disease.”
1 later decision quote this exact passage · from the majoritye.g. Routen v. Brown
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.