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← 4 VETAPP 301 - Hood v. Brown

Hood v. Brown’s Empirical Analysis

1993

Citation profile

15
cited by 15 later decisions
June 2004
most recently cited

Relationships

Applies 1 U.S.C. § 1 (Born-Alive Infants Protection Act of 2002) · 38 U.S.C. § 1521 · 38 U.S.C. § 7104 · 38 U.S.C. § 7252 · 38 U.S.C. § 7261 · 5 U.S.C. § 557 (Administrative Procedure Act of 1946)

Relies on Rowland v. California Men's Colony, Unit II Men's Advisory Council · Gilbert v. Derwinski · EF v. Derwinski · International Longshoremen's Association Afl-Cio v. National Mediation Board · Shoemaker 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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “The terms “total”, “severe”, “considerable”, and “mild” [in 38 C.F.R. § 4.132 , DC 9210,] are all quantitative in nature; they describe the degree [of impairment]____ The term “definite”, on the other hand, is qualitative in nature. To say that a veteran has “definite” impairment of social and industrial adaptability is to say that the veteran is unmistakably impaired. It does not describe the degree of the impairment as the other quantitative terms do. For example, a veteran who is “mildly” or “totally” impaired is also “definitely” impaired, because the characteristics which constitute a psychotic disorder are, without doubt, present.”
    1 later decision quote this exact passage
  2. “[t]he Board is statutorily mandated to provide a statement of reasons or bases for its decision. If the Board is unable to do so because of a regulation’s syntax, then it may be necessary for the Secretary to change that regulation by amendment or interpretation.”
    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.