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← 2 VETAPP 435 - Douglas v. Derwinski

Douglas v. Derwinski’s Empirical Analysis

1992

Citation profile

82
cited by 82 later decisions
July 2017
most recently cited

1 federal appellate ·

How this case has been cited

Cited by 82 later decisions — most recently July 2017 · most notably Caluza v. Brown (1995), Quarles v. Derwinski (1992)

1 federal appellate ·

680199220002010decided

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. § 5106 · 38 U.S.C. § 5107 · 38 U.S.C. § 7104 · 38 U.S.C. § 7105 · 38 U.S.C. § 7261

Relies on United States v. American Trucking Associations · Griffin v. Oceanic Contractors, Inc. · Demarest v. Manspeaker · Karnas v. Derwinski · Schafrath 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 82 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[N]owhere do the statutory provisions relating to the claimant’s filing a “formal appeal” in order to perfect an appeal to the BVA (initiated by the filing of a[n NOD] with a[n RO] decision, followed by a[n SOC issued] by a[n RO]) provide that only legal issues raised in the formal appeal, and evidence pertinent to those issues, must be considered by the Board.”
    1 later decision quote this exact passage · from the majority
  2. “[T]he plain language of the statutory and regulatory provisions at issue demonstrates that Congress and VA have 'envisioned' a [Board] bound by the regulations that bind the entire Department.”
    1 later decision quote this exact passage · from the majority
  3. “may have overlooked and which would be of advantage to the claimant's position.”
    1 later decision quote this exact passage · from the majority

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.