AG v. Peake’s Empirical Analysis
536 F.3d 1306 · 2008
Citation profile
3 federal appellate ·
Relationships
Applies 38 U.S.C. § 5104 · 38 U.S.C. § 5109A · 38 U.S.C. § 7105 · 38 U.S.C. § 7292
Relies on Prenzler v. Derwinski · Cook v. Principi · Barrett v. Principi · 20 Vet. App. 52 - Rita L. Dicarlo v. R. James Nicholson · 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The 1985 determination never became final as a result of the failure to notify AG of his right to appeal the denial of his NOD. The letter sent to AG merely stated that there was no record of a previous NOD and that the appeal period for the 1983 decision had expired; it also provided instructions for AG to reopen his claim. The statute, however, states that the VA must provide to a claimant notice of any decision affecting the provision of benefits to a claimant, and that “[t]he notice shall include an explanation of the procedure for obtaining review of the decision.” 38 U.S.C. § 5104 (a).”
1 later decision quote this exact passagee.g. Hargrove v. Shinseki
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.