Ashley v. Derwinski’s Empirical Analysis
1992
Citation profile
2 federal appellate ·
How this case has been cited
Cited by 75 later decisions — most recently July 2015 · most notably Cook v. Principi (2002), Hayre v. West (1999)
2 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. § 7104 · 38 U.S.C. § 7266
Relies on United States v. Chemical Foundation, Inc. · Rosler v. Derwinski · Fugere v. Derwinski · Butler v. Derwinski · 342 F. Supp. 381 - Robinson v. United States Navy
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 75 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[W]here an appellant submits clear evidence to the effect that the BVA’s “regular” mailing practices are not regular or that they were not followed, the Secretary is no longer entitled to the benefit of the presumption and the burden shifts to the Secretary to establish that the BVA decision was mailed to the veteran and the veteran’s representative, if any, as required by 38 U.S.C. § 7104 (e).”
2 later decisions quote this exact passage“There is a presumption of regularity under which it is presumed that government officials 'have properly discharged their official duties.'”
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.