The National tribune., 1902-10-30
DEPARTMENT NEWS.

TOTAL DISABILITY OF LIMB
ACT OF AUG. 4, 1SS6.-In the increase
pension case of Henry Wheeler the claim
ant was drawing $50 for loss of foot,
the aInputation being at point four
inches below the knee. The stump not
permitting the use of an artificial limb, he
claimed and, on appeal, obtained an in
crease TO $50 per month because of prac-
teal total disability of the leg, this rate
being allowed under the act of Aug. 4,
1886. He thereupon claimed a rerating at
$50 back to the date of the act instead of
only from date of medical examination un-
der his increase claim. The Pension Bu-
reau rejected this claim and was sus-
tanned by the Department ON appeal. On
motion for reconsideration the Department
decision says asst Sec'y Campbell, Sept
13, 1902:
1T was contended, and is now contend
ed, by the claimant that his pension of
$50 per month should have commenced
from the date of the passage of the act
This is the sole issue raised by the appeal
and the motion under consideration.
Section 1881 of the Revised Statutes
provides:
Except in cases of permanent
specific disabilities, no increase shall be al
lowed TO commence prior to the date of
the Examining Surgeons certificate estab-
fishing the same, made under the pending
claim for increase
Resulting total disability of leg am
putated four inches below the knee, is not
the permanent, specific disability men-
TONED in the statute.
I'm the case of William II. Parker Is
T. D., 1888, the Department held:
IA permanent specific disability is one
that IS due to wounds, injuries or disease
contracted in the service and in line of
duty, an6 which is unchanging, fixed, and
permanent in character, and which when
once established does not require subse-
Quent medical examinations to determine
its existence or continuance, and which
disability is particularly enumerated or
classified, and for which fixed and def
mite rate OF pension Is named in the law
See also case Of Bachelor L. Bach
man q 7. D., 249l.
I'm other words, this claimant has q
permanent specific disability in the loss of
his leg below the knee by amputation. The
resulting total disability of the limb is n
matter TO be established by evidence, both
cannot, therefore, be regarded as perman-
ent and specific within the meaning of the
law. When claim was filed in 1891. the
department ordered an examination un-
der section 469S1a of the Revised Statutes,
and dated the pension to commence from
said medical examination showing the
total disability in the leg claimed for.
ut may be, as he contends, that claim
ants leg was in the same condition in 1856
as it was shown to be in 1892, but under
the law for the amputation he was entitled
to but $50 per month. If from the am.
putation total disability of the leg re-
suited, the only way in which he could Sc.
cure the S36 rate provided in the act of
Aug. 4, 1886, for such disability was by
filing claim for increase and submitting
to medical examination, and if said ex-
animation showed total disability of the
leg resulting from the amputation, he
would be entitled to the $36 rate from its
date. In this case claim was filed in 1891
and an examination was had in 1892, aud