Davidson v. Shinseki’s Empirical Analysis
581 F.3d 1313 · 2009
Citation profile
3 federal appellate ·
Relationships
Applies 38 U.S.C. § 1154 · 38 U.S.C. § 1310 · 38 U.S.C. § 7292
Relies on Caluza v. Brown · John G. Alamilla, Sr. v. General Accounting Office · Jandreau v. Nicholson · Buchanan v. 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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'competent medical evidence . . . [when] the determinative issue involves either medical etiology or a medical diagnosis.'”
2 later decisions quote this exact passage · from the majority“In the case of any veteran who engaged in combat with the enemy in active service with a military, naval, or air organization of the United States during a period of war, campaign, or expedition, the Secretary shall accept as sufficient proof of service-connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran.”
1 later decision quote this exact passage · from the majoritye.g. Reeves v. Shinseki“lay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay 16 testimony describing symptoms at the time supports a later diagnosis by a medical professional”
1 later decision quote this exact passage · from the majority
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.