Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
Shade v. Shinseki explains that Hodge interpreted the 1991 definition of new and material evidence in 38 C.F.R. § 3.156(a); VA revised that definition in 2001. Hodge's reading of the former wording therefore does not supply the current regulatory test. Later courts continue to apply its surviving relevance principles.
41 later cases cite Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs; 41 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Lewis Hodge, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans Affairs?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
No reviewed court has overruled or limited this case.
Every one of the 41 flagged citations was read, and each turned out to be something other than adverse treatment: a routine application, a party's argument the court rejected, or the case itself discussing older law. That reading is the finding this page exists to report.
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