Elkins v. Brown’s Empirical Analysis
1993
Citation profile
Relationships
Applies 38 U.S.C. § 1101 · 38 U.S.C. § 5108 · 38 U.S.C. § 7104 · 38 U.S.C. § 7252 · 38 U.S.C. § 7261
Relies on Gilbert v. Derwinski · Colvin v. Derwinski · Manio v. Derwinski · Masors v. Derwinski · Jones 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although [the doctor] examined appellant on many occasions, there is no indication that he formed his opinion [that appellant’s disability was service-connected] on a basis separate from appellant’s recitation of his medical and service background. Further, [the doctor] conspicuously does not discuss the well-documented pre-service problems of the appellant ... in rendering his opinion. Neither [the doctor’s] letters, nor his medical records, indicate that he reviewed appellant’s service medical records or other relevant documents, which would have enabled [the doctor] to form an opinion as to service connection based on independent grounds.”
1 later decision quote this exact passagee.g. Kightly v. Brown
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.