Spencer v. Brown’s Empirical Analysis

Citation profile

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

1. “pursuant to any Act or administrative issue.”

   2 later decisions quote this exact passage
   e.g. Spencer v. Brown · Routen v. West

2. “[I]t is made clear [by 38 U.S.C. § 5110 (a)] that such “reopening” will not have retroactive effect relating back to the original claim but will have the attributes of a new claim with regard to effective date. Although, as noted in subpart iii., above, the use of “reopening” in prior statutory provisions may have connoted only adjudication of a finally denied claim on the basis of the original application, with any award being retroactive to the date of that application, the use of that term in [§ 5110(a)] since 1962 and in § 5108 pursuant to the VJRA makes clear that “reopening” now refers as well to claims based on new and material evidence from sources other than service department reports; in essence, such claims are treated as new claims.”

   1 later decision quote this exact passage
   e.g. Sears v. Principi

3. “[wjhen a provision of law or regulation creates a new basis of entitlement to benefits, as through liberalization of the requirements for entitlement to a benefit, an applicant’s claim of entitlement under such law or regulation is a claim separate and distinct from a claim previously and finally denied prior to the liberalizing law or regulation. The applicant’s later claim, asserting rights which did not exist at the time of the prior claim, is necessarily a different claim.”

   1 later decision quote this exact passage
   e.g. Spencer v. Brown