DeLaRosa v. Peake’s Empirical Analysis
515 F.3d 1319 · 2008
Citation profile
21
cited by 21 later decisions
November 2018
most recently cited
8 federal appellate ·
Relationships
Applies 38 U.S.C. § 5103A · 38 U.S.C. § 7292
Relies on Smith v. Nicholson · Princess Cruises, Inc. v. United States · Naomi Grant v. R. James Nicholson
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a monthly payment made by the Department of Veterans Affairs to a veteran because of service-connected disability ... if the veteran is disabled as the result of a personal injury or disease (including aggravation of a condition existing prior to service) while in active service if the injury or the disease was incurred or aggravated in line of duty.” 38 C.F.R. § 3.4 (a), (b)(1). Thus, as the government conceded, payments to a widow or widower of a veteran are not”
2 later decisions quote this exact passage · from the majority“(a) Duty To Assist. (1) The Secretary shall make reasonable efforts to assist a claimant in obtaining evidence necessary to substantiate the claimant’s claim for a benefit under a law administered by the Secretary. (2) The Secretary is not required to provide assistance to a claimant under this section if no reasonable possibility exists that such assistance would aid in substantiating the claim.”
2 later decisions quote this exact passage · from the majority“that we may review, that the Veterans Court erred in its interpretation of § 1110, and that the proper remedy is to remand for the Board to apply the proper legal framework. A. Jurisdiction Under 38 U.S.C. § 7292 (a), this court has jurisdiction to review a Veterans Court's decision with respect to the validity of a decision on a rule of law, or to the validity or interpretation of any statute or regulation relied on by the Veterans Court in making that decision. This court also has jurisdiction to”
1 later decision quote this exact passage · from the majoritye.g. Saunders v. Wilkie
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.