The National tribune., 1902-09-11
DEPARTMENT NEWS.

INVALID PENSION RAIlNG-ACl
OF JUNE 27, 1S90-In the pension case
Of Oscar Caldwell, under the act of June
q, 1880, the claimant was in receipt OF
claim for pension Cooking to $12 rat
ing) under the act of 1890 was allowed in
March, 1902, at $40 only and he was re-
quested to elect under which law he would
draw pension, the rates being the same. He
thereupon appealed from the rating Of only
$40 under the act of 1890, contending that
the evidence showed total inability to earn
support by manual labor, and hence,
title to a rating Of $12 under the act OF
$780,
The decision on the appeal says asst
Sec'y Campbell, May 8, 1902: 1.-The re-
port of the official examination showed
that the soldier was 20 years of age. The
left varicocele (for which pensisNed under
general law presented a tumofDthree by
four inches in diameter; tender. There
was also a varicocele on the right side,
two by one and half inches in diameter.
Both shoulders were 'creaky and limited
in motion about 45 per cent. in all direc-
tions because Of pain and increased joint
tissue The muscles Of the neck and back
and lumbar region were. tender. The
knees were creaky. The heart was 'irre-
gular, intermittent, irritable, hypertro-
phied, dilated, and weak its apex beat
was one inch below the nipple and there
was an apex systOlic bruit. Cyanosis was
present. There was no special dyspnoea
except upon exercise. There was no
special oedema Of the feet. The respira-
tory murmur was greatly deficient and
there was dullness on percussion. The in
ternal saphenous vein of the right leg was
enlarged from one-half to three-fourths
inch from the knee to the ankle; the leg
was ecZematous and tender on the inner
surface. The claimant was described as
very feeble and barely able to move
around.
'The Department is clearly of the opin-
ion that the conditions described in this
report warrant the allowance of the maxi
mum rating for total inability to earn a
support by manual labor from the date of
filing the claim. The action from which
the appeal was taken is therefore reversed
and the claim is remanded for readjudica-
ton in accordance with the views here
in stated.
Another matter is presented in this
case which, on account Of its relative fire.
Quency in cases Of a similar character, re-
Quires further consideration. 1t has been
noted above that no attention was paid to
the medical testimony showing that the
claimant had cerebral hemorrhage sub
sequent to the official examination and
was totally and permanently incapacitated,
although said testimony was filed nearly
three months before the adjudication of
the claim; and yet the allowance was only
$40 per month. 1t appears to the De-
partment that, as the Medical Referee
held that said examination did not war
rant the maximum rating, this testimony
required another medical examination in
the claimants interest before the adiudi-
cation and allowance of his claim, with
rating below the maximum provided by
the act Of June 27, 1890. In such case,
when apparently reliable testimony has
been filed showing a marked accession of
disability subsequent to the date of an
official examination, common justice de-
mands that another medical examination
be made before the claim is adjudicated
adversely to the claimant.
"The liability of disabilities to increase
with the lapse of time has led to the
adoption Of the following rule in the ad-
judication of claims under the general
law (see the Treatise on the Practice in
the Pension Bureau, page 4O:
When no medical examination has
been made Of the claimant within three
years Of the time of adjudication of the
claim, it will not be admitted without an
other medical examination
substantially the same rule is found
on page 80 in relation to claims for in
valid pension under the act of June "a,
1890, to wit:
"In all cases where the medical ex-
animation was made more than three years
prior to the date OF the adjudication Of
the claim, another examination will be
ordered before the claim is allowed"
These rules are just and proper, and
they have been adopted in tha tntexssts