Gregory v. Brown’s Empirical Analysis
1993
Citation profile
1 district ·
Relationships
Applies 38 U.S.C. § 101 (Agent Orange Act of 1991) · 38 U.S.C. § 501 · 38 U.S.C. § 5106 · 38 U.S.C. § 7252 · 38 U.S.C. § 7261
Relies on Gilbert v. Derwinski · Masors v. Derwinski · Gardner v. Derwinski · Espiritu v. Derwinski · Murincsak 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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Title 38, U.S.C.A. § 101 (3) and 38 C.F.R. § 3.50 (b)(1) set forth a two-part test to determine whether a spouse will be deemed to have continuously cohabited with the veteran when there has been a separation. The spouse must not only be free of fault at the time of the separation, but it must be found that the separation “was due to the misconduct of, or procured by, the veteran.” Given the plain meaning of the statute and the inconsistency of § 3.53(a) which eliminates the second part of the test, the Court holds the first sentence of § 3.53(a) unlawful, as exceeding the authority of the Secretary. [Citations omitted.] The language of § 101(3) and § 3.50(b)(1) does not indicate that the without-fault requirement is a continuing one. Rather, under this language, fault or the absence of fault is to be determined based on an analysis of conduct at the time of the separation.”
1 later decision quote this exact passagee.g. Camphor v. Brown“(a) General. The requirement that there must be continuous cohabitation from the date of marriage to the date of death of the veteran will be considered as having been met when the evidence shows there was no separation due to the fault of the surviving spouse. Temporary separations which ordinarily occur, including those caused for the time being through fault of either party, will not break the continuity of the cohabitation. (b) Findings of fact. The statement of the surviving spouse as to the reason for the separation will be accepted in the absence of contradictory information....”
1 later decision quote this exact passagee.g. Camphor v. Brown“a separation which was due to the misconduct of . . . the veteran.”
1 later decision quote this exact passagee.g. Alpough v. Nicholson
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.