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← 2 VETAPP 282 - Talley v. Derwinski

Talley v. Derwinski’s Empirical Analysis

1992

Citation profile

45
cited by 45 later decisions
March 2013
most recently cited

1 federal appellate ·

How this case has been cited

Cited by 45 later decisions — most recently March 2013 · most notably Caluza v. Brown (1995), Hamilton v. Brown (1993)

1 federal appellate ·

280199220002010decided

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. § 1502 · 38 U.S.C. § 1521 · 38 U.S.C. § 501 · 38 U.S.C. § 7104 · 38 U.S.C. § 7261

Relies on Boos v. Barry · Garcia v. United States · Morrison v. Olson · Angrist v. United States · Gilbert 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 45 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to be permanent shall be rated as permanently and totally disabled. For the purpose of pension, the permanence of the percentage requirements of § 4.16 is a requisite .... (b) Claims of all veterans who fail to meet the percentage standards but who meet the basic entitlement criteria and are unemployable, will be referred by the rating board to the Adjudication Officer under § 3.321(b)(2) of this chapter.”
    1 later decision quote this exact passage
  2. “Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation[:] Provided, that permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person.”
    1 later decision quote this exact passage
  3. “[W]e must determine how the specific regulations work together in the context of their underlying statutory authority. Just as a statute should be construed so as to sustain its constitutionality ... [citations omitted], so should regulations be construed so as to harmonize them with the authorizing law.”
    1 later decision quote this exact passage

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.