The National tribune. [volume] (Washington, D.C.) 1877-1917, 1898-02-24
PENSION DECISIONS.
Cases Disposed of by Assistant
Secretary Davis.

Action of the B,tsau was reversed last
case of James W. Murray, late of Co. II,
9th t. s. Vet Vols~, fensioner was receiv-
ing s12 per month on account of loss of
sight of left eye, and was dropped from the
rolls in 1892. He filed claims for renewal
and was restored to the rolls from October
20, 1896, and ST per month, for the same
disability he Medical Referee expressed
the opinion that he should not have been
dropped, but his rating only reduced Re
fuSal to restore him from date of dropping
at reduced rating is based on the fact that
he has only filed claim tor renewal and not
tor restoration. Assistant Secretary Davis
holds that this action il Chiefly technical:
that the words renewal and restoration
in application are generally interchange
able and that this claimant having ap-
piled for renewal and admitted to be en-
titled to restoration, SHOULD be restored
from the date OF dropping without other
application.
! in the fee case OF an attorney in the claim
OF James l.. Mckay, Go. a, 96th Ohio. In
this case Mr.. Davis decided that where
proof as to non vicious habits is rGguired
and is obtained by means of medical ex
animation held under an order forwarded
|
ing who is not chargeable with notice of
the requirements OF the case, that such
attorney thereby obtains the evidence as
10 non-viciOIs habits, it being evidence
relative to matter usually furnished by at
torneys, and that the service rendered is
| material, then such attorney may be CON
sidcred as having rendered material serv-
| ice and should be paid the fee
Mr. Davis rendered decision in the DR..
Mary f. Walker case, viii h has been
pending in the Department for many years.
DIR. Walker, who Is pensioned as Contract
or Acting Assistant Surgeon, on account of
disease Of eyes, flied | eb I, 1888, a second
motion for reconsideration of a dec sion
rendered March s. 1897 wherein the action
of the Bureau was sustained in the re-
lection of her claim for increase OF pen
sion. This ella m for increase was based
not alone on the actual increase of dis
ability from impaired eyesight, but also
on other alleged results of disease of
eyes, and it was insisted that she was
entitled to a rat ng of S 70 per month. MIR.
d. Wis says, in his decision:
''ln the first place the pension granted as
being due 10 appellants service in tie
army was for disease of eyes alone, but
there has been no ev dence at any time
showing that tie deeper structures of the
eyes were affected unless from some CON
genital defect, asthemopa, or astignatiSm,
which could not be included in the pen
SlOndDle UlSd DIZZY. me former decisions
which hold that no increase of pcnsioned
disability and no special results thereof are
shown must he reaifirmed'
An instance Of the tardiness Of the Pen
sion Bureau in relieving the wants of some
veterans entitled to pension was shown
the other day when it allowed pension to
Louis \. nsahaueh. He died March 6,
1889, and nearly six years after his death,
and seven years after the filing of his ap-
plication, his pension is allowed. How
ever, after the death of the applicant in
this case, the widow completed the case.
and will now be entitled to quite Il large
sum. From January y, 1884, the date Of
the filing of the application, to March 6,
1892 she will receive Sc n MONTH the pen
sion her hus band would have drawn dur
ing his lifetime, and from March 6, 1892, to
the present time she will receive back pen
sion to the amount of So a month