Sursely v. Peake’s Empirical Analysis
551 F.3d 1351 · 2009
Citation profile
6 federal appellate ·
How this case has been cited
Cited by 25 later decisions — most recently May 2024 · most notably Pamela J. Sharp v. Eric K. Shinseki (2009), Nielson v. Shinseki (2010)
6 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 1 U.S.C. § 1 (Born-Alive Infants Protection Act of 2002) · 38 U.S.C. § 1114 · 38 U.S.C. § 1162 · 38 U.S.C. § 314 · 38 U.S.C. § 7292
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Skidmore v. Swift & Co. · United States v. Mead Corp. · Auer v. Robbins · Christensen v. Harris County
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The evaluation of the same disability under various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in the appropriate bodily system for their evaluation. Dyspnea, tachycardia, nervousness, fatigability, etc., may result from many causes; some may be service connected, others, not. Both the use of manifestations not resulting from service-connected disease or injury in establishing the service-connected evaluation, and the evaluation of the same manifestation under different diagnoses are to be avoided.”
1 later decision quote this exact passage · from the majoritye.g. Amberman 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.