The National tribune., 1897-10-14
PENSION DECISIONS.
Cases Of Interest Disposed of
by Mr.. Davis.

In the case Of Alexander Hawkins, First Lieu
tenant Co. T, 93d Ind decided last week, the
claimant, in appealing from the action of the
Bureau rejecting his increase claim. contended
that as two boards had rated him $50 per month";
it was error on the part OF the Bureau to rcjeet
the application for increase OF his present rate
Of $24.
The Medical Referee held that it was true
that Examining Boards have stated that he was
disabled for all manual labor, but not because
of the pension causes alone. In addition TO tho
two diseases for which the claim was approved,
he suffers from rheumatism, disease OF the
heart with resulting eiema cyanosis and
difficulty OF breathing. The action of rejection
of claim was proper and should stand" After
giving the diagnosis of the case, the board GER
titled that the claimant 8" disabled by
reason of the above as TO be wholly disabled from
any manual labor"
Mr.. Davi5'S decision says: " This beard failed
to rate separately for disease OF lungs and
heart and whether they meant to rate each
at seventeen eghteenths tic combined dis
ability of both al seventeen eg hieenths. is left
to conjecture. 1t would seem that the board
regard ed both causes as due To disease for which
claimant is pensioned." In view of the fact
that the Medical Referee is of the opinion
that " he suffers from rheumatism" ETC.,
(which he appears not to cOncede to be the re-
suit of pensioned cause, it becomes material
to know how much of the seventeen-eight-
eenths degree of disability is attributed to each,
and separate ratings should be given. In view
of the fact that the last board failed rate for
each disability, as required by paragraph lis
OF Instructions of your Bureau. the action is
reversed, and new medical examination or
iered."
Action was reversed in the case of Philip
Murkle, deceased Co. G, 9th Ohio who filed
claim for pension, alleging that from severe ex-
posure he became sick with partial paraly
so that he fell in the roai in May, 1862.
Nurkie died Oct 10, 1879. before being ex-
amined by a board. The CLAIM, was finally re-
jected May &C. 1885, on the ground that there
WAS no record or other sufficient evidence of
origin in service or existence at discharge of
the alleged disabling cause, and the inability
of the widow. aided by a special examination,
to furnish evidence to establish the claim.
On appeal it was contended that the declara-
tion for partial paralysis should be held sufi-
cient TO cover rheumatism for which the sol.
der was discharged that soldier had no op-
portunity to amend his declaration, having
died within six months after filing. The GER
tiicate of disability for discharge states that he
was discharged ON account of disability from
chronic rheumatism, and his age being over so
years.
The decision says: "The evidence shows he
was healthy man prior to and at enlstmen t.,
and that he was not sick a day N tho service
until on the march in May, 1862, when he had
sudden attack which the Medical Referee
| believes to have been epilepsy. No cause for
epilepsy is shown other than the heat of the
day and the fatigue and excitement of the
march, and is is reasonable to suppose that this
was the cause of the attack of epilepsy from
| which the soldier ever therefore suffered.
| hold, therefore, that epilepsy was contracted
in the service and line of duty and reverse the
rejection OF the claim"