Ivey v. Derwinski’s Empirical Analysis
1992
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 35 later decisions — most recently April 2014 · most notably Allday v. Brown (1995), Robinette v. Brown (1995)
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
Applies 38 U.S.C. § 1101 · 38 U.S.C. § 5107 · 38 U.S.C. § 5108 · 38 U.S.C. § 7104 · 38 U.S.C. § 7105 · 38 U.S.C. § 7252
Relies on Gilbert v. Derwinski · Colvin v. Derwinski · Murphy v. Derwinski · Manio v. Derwinski · Jones 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 35 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“§ 5103A. Duty to Assist Claimants (f) Rule with Respect to Disallowed Claims. — Nothing in this section shall be construed to require the Secretary to reopen a claim that has been disallowed except when new and material evidence is presented or secured, as described in section 5108 of this title. § 5108. Reopening Disallowed Claims. If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Secretary shall reopen the claim and review the former disposition of the claim.”
1 later decision quote this exact passage · from the concurrence“If no notice of disagreement is filed in accordance with this chapter within the prescribed period, the action or determination shall become final and the claim will not thereafter be reopened or allowed, except as may otherwise be provided....”
1 later decision quote this exact passage · from the concurrencee.g. Sarmiento v. Brown“[T]he BVA erred when it considered appellant's claim to be reopened without an analysis as to whether the newly submitted evidence was new and material.”
1 later decision quote this exact passage · from the majoritye.g. Winters v. Gober
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.