Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-03-30
PENSIONS DECISIONS.

PENSIONS DECISIONS.
Important Rulings Made By Assistant
Secretary Davis.
Assistant Secretary of the Interior Web
| ster Davis today rendered decision In the
appealed claim of John W. Grantees, late
of Company K, 23d Pennsylvania infantry,
FOR pension. by which he overruled order
352, recently issued by the commissioner Of
pensions. relating to further action In claims
for increase Of pension which have been
allowed or rejected. The opinion, In full,
Is as follows:
Il have considered the appeal in behalf of
John w. Graadess. late Of Company K, sd
Pennsylvania Infantry. from your action
OF January q, 1898. refusing to consider his
claim for Increase Of pension, filed October
.. 1877, within twelve months from q prior
adjudication. September %. 1897.
In your action above referred to you
You are advised that your claim was
ad1udicated September Is. 1897, and that
you are now drawing s. per month under
the act Of June q, 1890. BY recent or
der Of the bureau claims for increase Of
pension will not be considered within
Twelve months from the allowance Of the
claim or prior adjudication
The order referred to says:
Hereafter claims for increase of pen
sion will not be considered within twelve
months months from the last action-allowance or
THIS was substituted for the rule laid
down in Walkers treatise Oh the Practice
or the Pension Bureau page 52l. Said
rule was as follows:
Claims for increase will not be adiudi-
Gated until six months shall have elapsed
after the allowance of the originsf claim;
though, when declarations are filed there
for, the claimants should, as soon as prac-
ttClbe he ordered fpr for
the reason that the increase might COM
mence at the date of the medical examina-
tion made pending such claim, except in
cases of permanent and specific disabil-
tiles"
There is a vast difference between these
txo rules aside from the period mentioned
dtring which the claims would not be ad-
Judicateo. The old rule says: Claims will
not be adjudicated within six months from
allowance of the original claim, but that
claimant should be ordered for medical
examination as soon as practicable; while
your order says such claims will not be
considered within one year; thus arbitrarily
deprfvfng meritorious claimant Of a med
icai examination for one year. at least, and
tnus depriVing him of one years Increase
Of pension.
By secuon 1881. Revised Statutes, the
incl eased rate of pension, when allowed,
begins from the date of the examining sur
geon's certificate showing an increase In 81
claimants disability.
Pensioners have a right to apply for an
increase of pension when thsy believe them
selves entitled thereto, and no discrimira-
ton should be made against them substan-
tally affecting their rights.
1t Is fundamental rule of practice in the
bureau and the department that claims
stall be considered in the order of filing,
but 1t is true that this Is not always prac-
ticable In the numerous individual claims
for pension, and 1t should be remembe red
that one class of claimants cannot be ex-
rected to willingly concede the right of pre-
cedence to another class. especially when
this affects the amount of pension a claim
emit may receive.
For instance: A person receiving Il pen
sion at low rate for a nervous disease
which suddenly results in paral isis. rem
dering him entirely helpless and emitting
him. on establishing his claim, to a rate Of
SO per month. If, Immediately on filing his
claim, he should be ordered for an exam
ination. and appeared for examination his
increased rate would begin from the date
of the surgeons certificate of such ,xam-
ination. but under your order (No 352). he
Is deprived of the benefit of an exami1a-
tlon Tor at least one year from filing his
claim.
1T is believed that the practical effect of
Greer No. 1852 will result in great injustice
to great number of claimants for in
crease. Practically the Limitation extends
far beyond the twelve months prescribed
Claimants are not prohibited from filing
lows that large number will be filed and
Will be flied away, and many Of them will
not be considered until called up. Then a
medical examination will be ordered, which
stu further prolongs the adjudication and
materially affects the claimants interests.
since the increase. If allowed, must COM
n:ence, in most cases. from the date OF the
edicsl examination. 1t will thus be OBJ
served that the adjudication of increase
claims. under this ORDER is Indefinitely
pc stponed.
Il am informed that you have so ar
ranged the business in your bureau that
fnrrr n tn nohr
the adjudication Of original claims, and two
days each week for adjudicating increase,
rerating and restoration claims.
Under this arrangement no injustice will
be done claimants for original pensions,
and no reason appears for refusing to adj
judicate increase claims in the order in
which FLED, as near as practicable.
'In this case claimant filed claim under
the act of June -, $780, which was rejected
August 20, 1893. He filed another claim
September 8. 1885. which was allowed Sep
TENDER %, 1897. at s. per month. 1t thus
appears that in claims to which said order
does not apply 1t requires from two to
three years to reach them for adjudication,
and, on this basis If order No. 352 is fol-
lowed. no medical examination would be
ordered within three years from date Of
filing the claim. Five months have now
elapsed since this claim for increase was
filed, and no medical examination has been
ordered.
AFTER carefully considering this question
am free to say order No. 352, If enforced,
will result in great Injustice to a large
number Of claimants, and the same is,
therefore, revoked and set aside. and here
after you will please adjudicate increase
claims in accordance with the rule found
on page 81 of Walkers Treatise on the
Practice In the Pension Bureau approved
by Commissioner of Pensions Dudley No
vember Is. 1882. and followed from that
time until the PRONUNCIATION Of your said
order, December "a, 1897"
CONSPICUOUS BRAVERY.