Andre v. Principi’s Empirical Analysis
301 F.3d 1354 · 2002
Citation profile
9 federal appellate ·
How this case has been cited
Cited by 66 later decisions — most recently April 2023 · most notably Robinson v. Shinseki (2009), Andrews v. Nicholson (2005)
9 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
Relies on Cheng Fan Kwok v. Immigration & Naturalization Service · Forshey v. Principi · Becton Dickinson & Co. v. C.R. Bard, Inc. · Russell v. Principi · Bailey v. West
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 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[t]he party bringing a CUE challenge to a final RO decision bears the burden of proving that the decision was based on a clear and unmistakable error. This burden is not satisfied by the mere assertion that the decision contained CUE; instead, the party must describe the alleged error ‘with some degree of specificity’ and must provide persuasive reasons ‘as to why the result would have been manifestly different but for the alleged error.’”
3 later decisions quote this exact passage · from the majority“[b]ecause a CUE claim involves an allegation of an error with 'some degree of specificity,' a veteran's assertion of a particular clear and unmistakable error by the RO constitutes a distinct claim.”
3 later decisions quote this exact passage · from the majority“[E]ach 'specific' assertion of CUE constitutes a claim that must be the subject of a decision by the [Board] before the Veterans Court can exercise jurisdiction over it.”
2 later decisions 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.