The National tribune., 1901-12-26
EVANS OVERRULED.
His Rejection of a Man 81 Years
Old is Pronounced Wrong, and
He is Directed to Grant a PEN
sion.
SiOn.

Is held that the law does not require that
continuance of the disability claimed on
be proven over each and every year after
discharge from the service. The Depart
ment decision assistant Secretary Camp.
bell, Oct. 30, 19OD says:
THE official record of this appellant S
military service shows that he served in
the above-named organization, as prI-
vate in Co. II, and as Hospital Steward,
from Aug. 22, 1862, to Nov. %, 1863. He
has record of hospital treatment in
service from Oct II TO Dec. ., 1868, for
haemOptyss (spittine of bloJd6, and was
discharged from the service Mt ST. i.euis,
Mo, on the date above mentioned, upon
a Surgeons certificate of disability, which
was made and signed not only by the
Surgeon in charge of the hospital where
he had been treated as above set forth
in the record, but by the President and
Recorder of an Invalid Board, charged
with the examination of applicants for
discharge from the army on account of
disability at that post.
Said certificate of disability sets forth
that the appellant had been carefully ex-
amined by the Surgeons composing said
Invalid Board, and found TO be incapable
of performing the duties of a soldier be-
cause of:
'Phthisis pulmonalis, has haemopty-
sis, night sweats, and is weak. He has
the Invalid Corps. Discharge necessary
for the recovery of his health
''The evidence in the case is clear and
convincing as to the Soundness of the
appellant, and his freedom from any form
of lung disease at the date of his enlist
ment in the service, and prior thereto,
and in the service up to about the months
of September or October, 1868.
''The medical examinations of the ap-
pellant that have been made from time
to time under his application for pension
under the act of June q, 1890, and I'M
der his present application, show that
since the year 1890 he has been very
greatly disabled by lung disease, and on
May "a, 1900, the Medical Referee ex-
pressed the opinion, after a careful re-
view of this case, that the degree of the
appellants disability that has been shown
TO have existed from disease of lungs war
ranted rating of third grade (S24 per
month";, under the general law from the
date of filing the present application for
pension.
1T is thus seen that the origin in the
service of the disa bility alleged as basis
for pension is established by the record,
prior soundness has been shown, and the
existence of said disability in a rata
BILE degree since the date of filing
application for pension on account
thereof is also we'll established. Conse
Quently, the only remaining point upon
which any doubt could exist as to the
merit of the disability alleged would be
as to the continuance of the lung dis
ease on account of which the appellant
was discharged the service, and its con-
nectiOn with and relation to the disease
of lungs with which it is shown he has
been suffering since 1890.
This question becomes very material
and important in this case, for two rea-
sons. In the first place, this appellant is
shown to be now over 81 years of age,
and he was 7S years of age when he filed
his present application for pension, and
1t Is q most unusual and anomalous state
of facts that a man could have been dis
charged from the service in 1863 on ac
count of a well-marked and, apparently,
serious case Of lung disease (phthisis pull |
monalisl, and have continued to live dur
ing such length of time; part of which
period, at least, he does not appear to
have been very greatly disabled. In the
second place, although the appellant was
discharged the service on account of |
hung disease, as aforesaid, he seems 10
have waited for 81 years, and over, be- |
fore filing an application for pension un-
der the general law on account thereof. |
This fact is unquestionably calculated to |
raise some doubt as to the good faith of
ms claim, and requires some explanation |
from the appellant.
with regard to the first point, how
ever unusual the case may be, the evil |
dence seems clearly, in the present in |
stance, to establish the fact that a lung |
disease, in a quiescent state, at least has |
been continuously present ever since the |
appellants discharge from the service |
and that at no time since that date has |
he been absolutely free therefrom. The |
appellant is shown by the evidence tc
have been physician at the time of his |
enlistment, and to have practiced medi- |
cine uninterruptediy after his discharge |
nm 10 ah0uf III wears IUEaD his baaIfh /
became too bad to continue it. He is |
shown to have been a man of most eX-
celient personal character and standing |
and physician of good professional |
reputation. He states, himself, that be |
had no medical treatment for disease of |
the lungs after his discharge from the
service prior TO the year 1898, when his |
family having become alarmed as TO his |
condition, called in two physicians to ex-
anime and consult with him as to his
health and to prescribe for him. His ex-
pianation of this lack Of medical treat-
ment during this long period is both rea-
sonable ana credible He states that, be
ing a physician and understanding his
own case thoroughly, he treated himself.
and that by great care for his health,
caution In exposing himself to inclement
weather or violent changes of tempera-
ture, and q judicious and constant use
of proper medicines, he was enabled to
hold his disease in check and to prevent
its progressing TO such an extent as to
preclude the practice of his profession,
or greatly disable him, until in later years
advancing age had SO weakened his nat
ural strength and vitality that it had
gained headway, and he was no longer
able TO prevent its natural increase in Sc
verify.
Although, for the foregoing reason.
there is an entire lack of medical testi-
mony showing the existence of or treat
ment for lung disease from the date of |
the appellants discharge TO the date Of
his first medical examination in 1891, a
very large number OF witnesses of more
than average intelligence and Of excel
lent character and crcdibility, all of whom
were, more CT less, intimately associated
with the appellant during the whole OF
the period in question, have testified that
the appellant has been, at ali times, since
his discharge a man of delicate physique.
and has been continuously afflicted with |
hacking cough, a pals and sallow com
plexion, q fat and narrow chest, and has |
presented the appearance Of person suf- |
fering from some form of lung trouble. |
Notwithstanding the fact that a number |
OF these witnesses were unable to remen- |
beH any objective symptoms or conditions |
indicating lung disease other than the |
constant cough, they ail unto in the |
statement that the impression made upon |
them by the appellants nDDe6rauca dur- |