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← 21 VETAPP 495 - Pekular v. Mansfield

Pekular v. Mansfield’s Empirical Analysis

2007

Citation profile

5
cited by 5 later decisions
October 2014
most recently cited

Relationships

Applies 38 U.S.C. § 5121 · 38 U.S.C. § 7251 · 38 U.S.C. § 7266

Relies on Bowles v. Russell · Arbaugh v. Y & H Corp. · United States v. Munsingwear, Inc. · Day v. McDonough · Mitchell v. Overman

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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(a) Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter ... referred to as "accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows: (2) Upon the death of a veteran, to the living person first listed below: (A) The veteran's spouse.”
    1 later decision quote this exact passage
  2. “If a party dies after a Notice of Appeal is filed or while a proceeding is pending in the Court, the personal representative of the deceased party’s estate or any other appropriate person may, to the extent permitted by law, be substituted as a party on motion by such person.”
    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.