The National tribune., 1900-08-30

Washington, ID. G.
S.W. A, Spencer, Neb.-Evidently it is
held that the first examination under your
increase claim did not show you entitled
to higher rating; hence your increase is
made to commence from last eXamina-
tion.
]. M-Acquittal of fraud by jury of
a L. s. Court may not secure restoration
of pension if the Pension Bureau does not
agree with the jury. The Pension Bureau
seems free to be governed by its own view
of court judgments and jury yerdicts
W. S., Villas. Kans.-The interval of al
lOwance of artificial limbs or communication
therefor is three years, in case of soldiers
and sailors of the war of 1S61-5. The loss
or total disablement of limb must have
originated in line of duty.
p. r. D., jefferson, n. Y.-Unless you
can furnish the proof necessary to salts
factorily establish your general law claim
there seemed to be nothing gained by be-
ing examined again. If the claim has not
been rejected on the last examination, the
examination evidently was favorable, not
withStanding you do not think well of it.
If another examination is desired, the
Pension Bureau will order same.
]. w. N, Indian Run, Pa.-The pay
ment of accrued pension after the death
of the pensiOner depends upon there be-
ing an heir entitled to the same. If an in
valid penSiOner dies leaving neither widow
nor children under III, no payment of the
accrued pension will be made unless the
pensioner left insufficient means TO cover
expenses of last illness and burial. If 4
widow or child under IL survives, applica-
lion should be made TO the Commission
er of Pensions" otherwise, to the Audi
tor for the Interior Department"
]. C.-See reply to W. s., above. Ap-
plication should be made whenever the
time for payment comes around.
B. \. P, Brattleboro, Nt.-When after
the death or remarriage of the widow
child's pension is continued beyond the age
of IL, under the permanently helpless"
provision of the act of 1890, the rate of
pension is the same as the widow would
have been entitled to receive.
Y. b. c., CroSStown, O.-It seems that
the law of 1899 is plain in providing that
half the pension can be paid the wife only
while she is deserted by the pensioner. If
she refuses to live with him, she can no
longer claim he has deserted her and can
not honestly and lawfully receive half his
pension from the Government.
ChicagO,-An act of July 23, 1866, pro-
vided an additional bounty of S1O0 in GER
tain cases where volunteers of the war of
1S61-5 were not entitled to q greater boun-
ty than 500 under previous laws, but ap-
plication therefor was required to be made
before July ], 1880. There is little likeli-
hood of your getting your 1890 pension
from date of filing first application, mas
much as the claim has been several times
rejected. Filing new application is the
best way to secure further consideration
of present title to pension under the act
of 1880; but as to arrears from date of
first application probably an appeal to the
Secretary Of the Interior is the best
course.
]. c., Humbold, Neb.-It seems impos-
sible to say when an applicant may expect
to hear from his increase pension case
after medical examination. You would
better be prepared to wait at least six
months. 1t would be well to interest your
Congressman.
G. w. w., Macon City, Mo.-The law
seems to be the only authority for the
statement you quote from The NATIONAL
TRIBUNE Soldiers Handbook. There would
not be many cases where it would be pos
sible to Satisfactorily" prove that disabil-
ity which of late years became material
disablement was really incurred in service
and continuously existed thereafter.
c. ii. NJ, Elkhart, Ind.-Strictly speak
ing, an appeal does not lie from the ac-
tion taken in the Commissioners name to
the Commissioner in person. The Commits
sioner might through political or friendly
influence be induced to personally examine
a rejected claim and might possibly think
the action unjust or improper and reverse
it. Appeals properly lie from the Com
missioner of Pensions, officially, to the
Secretary of the Interior, officially.
c. W., Rochester, n. Y.-On June 80
last the Commissioner of Pensions in.
structed the Examining Surgeons not to
rate for each disability, nor to rate by
eighteenths, in recommending rates in
claims for invalid pension under the act
of June %, 1880. The rates recommended
are So, IS, $40 or So in those cases. II
Is very likely that n lve-eighteenths ag-
gregate rating under the former practice
would not entitle 10 any rate under the act
OF 1880. 1t is claimed that the disabilities
have been punched" all along in rating
under the act of 1890.
w. c., Woodlandville, Mo.-Evidently
it is held that it is not sufficiently shown
that you were pensionably disabled under
the act of 1880 at the time you filed your
first application under the act. If you can
overcome that view taken by the Pension
Bureau, your first application will hold
good.
D. n. G., Granite, Okla. tsp per
month Is the highest rate allowed under
the act of June 81 1890. YOu cannot 20
any higher without proving disability of
service origin that would give you rat
ing of more than S12.
B. J. G., Beatrice, Neb.-Whenever
there is any other disease on which pen.
sion claim is not based, the Pension Bu-
reau is very apt TO regard the disablement
as due, largely or entirely, to the disease
not claimed on. If the disability claimed
on is plain and unmistakable, there ought
to be no trouble.
NJ. A. e., Adams, Ill.-Thc pension law
OF May 8, 1900, is of no benefit to widows
already pensioned. 1t does not increase
the rate or give any additional allowance
whatever.
j. G. B.. Half Rock, Mo-You will
probably never hear anything further from
the increase and rerating'' claim of 10
years ago, on which you got an increase
of 81 per month. You cannot obtain a
general law pension on disability the con.
unuance of which cannot be shown during
practically every year since discharge You
can appeal at any time after rejection cx.
cept in claims for increase on pensioned
disability.
L. H., Manchester, Comparative.
ly few claims for rerating or reissue OF
act Of 1880 pension under the act OF
March 6, 1886, are favorably considered
If allowed, the pension is readjusted and
made TO commence from date of filing OF
the application prior to that on which the
pension was allowed. The action on in,
crease claims based on pensioned disabiIi
ty is very slow. Do not look for an ordc,