Ellington v. Peake’s Empirical Analysis
541 F.3d 1364 · 2008
Citation profile
3 federal appellate ·
How this case has been cited
Cited by 18 later decisions — most recently December 2022
3 federal appellate ·
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. § 5110 · 38 U.S.C. § 7292
Relies on Szemraj v. Principi · Roberson v. Principi · Moody v. Principi · Rodriguez v. West · Daniel C. Summers,claimant-Appellant v. Hershel W. Gober, Acting Secretary of Veterans Affairs
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.
“[T]he effective date of an award based on an original claim, a claim reopened after final adjudication, or a claim for increase, of compensation, dependency and indemnity compensation, or pension, shall be fixed in accordance with the facts found, but shall not be earlier than the date of receipt of application therefor.”
1 later decision quote this exact passage · from the majority“[w]hen service connection is ... established for a secondary condition, the secondary condition shall be considered a part of the original condition.” 38 C.F.R. § 3.310 (a). We have held that § 3.310(a)”
1 later decision quote this exact passage · from the majoritye.g. Oldfield v. Snyder“may not review (A) a challenge to a factual determination, or (B) a challenge to a law or regulation as applied to the facts of a particular case.”
1 later decision quote this exact passage · from the majoritye.g. Kernea 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.