Sarmiento v. Brown’s Empirical Analysis
1994
Citation profile
1 federal appellate ·
How this case has been cited
Cited by 22 later decisions — most recently August 2014
1 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. § 101 (Agent Orange Act of 1991) · 38 U.S.C. § 107 · 38 U.S.C. § 501 · 38 U.S.C. § 5107 · 38 U.S.C. § 5108 · 38 U.S.C. § 7105
Relies on Gilbert v. Derwinski · Board of Education of Kiryas Joel Village School District v. Grumet Board of Education of Monroe-Woodbury Central School District · Murphy v. Derwinski · Grottveit v. Brown · Godwin v. Derwinski
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 22 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Because appellant “never attainted] the status of claimant,” [Aguilar v. Derwinski, 2 Vet.App. 21, 23 (1991) ] he did not submit any claim, well grounded or otherwise, and therefore there was no finally denied claim which could have been reopened under 38 U.S.C. § 5108 .... The Board’s refusal to reopen for lack of new and material evidence cannot be affirmed because there simply was no finally denied claim which could be reopened under 38 U.S.C. § 5108 .”
1 later decision quote this exact passagee.g. Laruan v. West“The voluntarily-assumed regulatory duty to seek evidentiary verification is couched in mandatory, not discretionary terms and, unlike 38 U.S.C. § 5107 (a) which only obligates the Secretary to assist ‘such a claimant’ (emphasis added), the regulation does not make the Secretary’s evidentiary duty contingent upon the submission of a well-grounded claim.”
1 later decision quote this exact passage · from the concurrencee.g. Morton v. West“a person who submits a claim for benefits . . . shall have the burden of submitting evidence sufficient to justify a belief . . . that the claim is well grounded. The Secretary shall assist such a claimant in developing the facts pertinent to the claim.”
1 later decision quote this exact passage · from the concurrencee.g. D'Amico v. West
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.