Bucklinger v. Brown’s Empirical Analysis
1993
Citation profile
How this case has been cited
Cited by 89 later decisions — most recently August 2023 · most notably Butts v. Brown (1993), Grivois v. Brown (1994)
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
Applies 38 U.S.C. § 1922 · 38 U.S.C. § 5107 · 38 U.S.C. § 7104 · 38 U.S.C. § 7252 · 38 U.S.C. § 7261
Relies on Bolling v. Sharpe · Lyng v. Northwest Indian Cemetery Protective Assn. · Jean v. Nelson · Gilbert v. Derwinski · Colvin 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 89 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is '[a] fundamental and long-standing principle of judicial restraint . . . that courts avoid reaching constitutional questions in advance of the necessity of deciding them.'”
3 later decisions quote this exact passage“[Tjhere is no ... evidence whatsoever in the record which would support a conclusion that the veteran’s tinnitus was caused by external otitis rather than noise exposure.... In contrast, the veteran testified under oath that he had been exposed during service to loud, noises, including noise from weapons fire during his Pacific combat service. R. at 150-52. Furthermore, in the report of a May 1990 VA audiological examination, the examiner stated that the veteran’s “tinnitus is consistent with a ... history of noise exposure”. R. at 136. In view of this evidence, and in the absence of any evidence of record that the veteran's tinnitus was caused by anything other than noise exposure, there is no plausible basis for the Board’s conclusion that the veteran’s tinnitus was caused by disease rather than trauma. Therefore, that conclusion by the Board must be set aside under 38 U.S.C.A. § 7261 (a)(4) (West 1991).”
1 later decision quote this exact passagee.g. Butts v. Brown“consideration of all evidence and material of record”
1 later decision quote this exact passagee.g. McGrath v. Gober
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.