Jackson v. Nicholson’s Empirical Analysis
433 F.3d 822 · 2005
Citation profile
8
cited by 8 later decisions
January 2013
most recently cited
1 federal appellate ·
Relationships
Relies on Brown v. Gardner · Gardner v. Brown · Edwards v. Tardif · 18 Vet. App. 533 - Celerina Pelea v. Anthony J. Principi · 721 So. 2d 152 - Looney v. Davis
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Where any veteran shall have suffered an injury, or an aggravation of an injury, as the result of hospitalization, medical or surgical treatment, or the pursuit of a course of vocational rehabilitation ... or as a result of having submitted to an examination ..., and not the result of ... willful misconduct, ... disability or death compensation ... shall be awarded in the same manner as if such disability, aggravation, or death were service-connected. Pub.L. No. 85-857, 72 Stat. 1105 , 1124 (1958). As will be discussed more fully in section IIC, Congress amended section 1151 in 1996, adding a requirement that the "proximate cause” of a veteran's additional disability must be "carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the [VA], in furnishing the hospital care [or] medical or surgical treatment” or "an event not reasonably foreseeable.” See Departments of Veterans Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, Pub.L. No. 104-204, 110 Stat. 2874 , 2926-27 (1996).”
1 later decision quote this exact passage · from the majoritye.g. Viegas v. Shinseki“does not address disabilities that are merely coincidental with the receipt of VA treatment.”
1 later decision quote this exact passage · from the majority“hospitalization . . . must mean something more than actions of the VA.”
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.