The National tribune., 1902-08-07
PENSION POINTERS.
Inquiries Answered and Sugges-
tiOnS Made.

"That whenever claim for pension un
der the act of June %, 1880, has been,
or shall hereafter be, rejected, suspended
or dismissed, and Il new application shall
have been, or shall hereafter be,
filed, and a pension has been, or shall
hereafter be, allowed in such claim, such
pension shall date from the time of filing
the first application. provided the evi-
dence in the case shall show pension
able disability to have existed, or to eX-
list, at the time of filing such first appli-
cation, anything i'll any law or ruling OF
the Department to the contrary notwith-
standing.
Mchigan.-All affidavits and other pa
pers filed as evidence i'll pension cases are
retained on file in the Pension Bureau,
regardless of the disposition of the claim.
After 4 rejection by the Pension Bureau
has been sustained on appeal to the Sec
rotary of the Interior, it is permissible to
file a motion for reconsideration ~lth the
Secretary; or, additional evidence may be
filed i'll the Pension Bureau and then the
motion for reconsideration filed. Your at
tOrney should be able to advise you as to
the better course to pursue.
S. B.-The legal wife at the time of
the soldiers death is his widow under the
pension laws. Children over 16 at the
time of the soldiers death are not pen
sionable under any law. Being married
to the soldier after June 26, 1880. the
widow would not be entitled to pension
unless it could be shown that the sol
dier's death was due to disability in
CURED in service and line of duty. If this
16 would be entitled under the pension
act of June p, 1880, as though no widow
survived.
W. NJ, Brazil, Ind.-The highest rate
allowable to Mexican war survivors, I'M
der the servlce-penSiOn acts of 1887 and
subsequent dates is $12 per month. But
if receiving disability pension on disa-
bility proven to have originated in service
and line of duty, the rate might be as
high as 500 per month Qoss of both
hands,. The general law rates of invalid
pension are applicable to all wars and
service, if disability is proven of service
origin.
G. W. B., Kansas City, Kan.-Pen-
sion of S2i for injury to hips is not based
on total disability of the limb. but on dis
ability therefrom equivalent in degree to
the loss of hand or foot. The War De
partment evidently regards the limb as
totally disabled, by allowing the commu-
tatiOn for artificial limb. but that does
not affect the Pension Bureau view of
the degree of disability. Unless the Pen
sion Bureau can be induced to recognize
total disability of the limb, the pro-
posed legislation increasing rates for loss
of limb or total disability of same will
not benefit you.
H. J. NJ, Bullion, Pa.-The new Com
missioner is necessarily unable to give
personal attention to but a small fraction
of the cases seeking his personal atten-
ton. 1t would be better, probably, to al
low your case to remain pending on the
appeal to the Secretary of the Interior.
See reply + Michigan, above. If you
should ultimately find it desirable to have
your case presented to Congress, the COM
mittee to which the bill is referred will
call on the Pension Bureau for all papers.
You cannot obtain the papers yourself.
2. O., Buffalo, n. Y.-If Examining
Surgeons question the claimant about his
case, they are quite likely to be acting
under instructions. If the claimant IS un-
able to recall matters that he is being
questioned about, he should so state and
give the reason therefor. All disability
incurred in service land line of duty is
pensionable under the general law. The
proofs. however, must be satisfactory to
the Pension Bureau Unless loss of mem
ory amounts to Il form of insanity it prob
ably is not pensionabe of itself. If the
loss of memory is such that the person
cannot transact business or go about with
out someone to look after him, the disa-
bility would doubtless be pensionable.
Mere inability to recall incidents long
past would hardly be pensionable.
l.. g., Bristol. Ind.-If a pensioner is
of sufficiently sound mind not to warrant
the appointment of a guardian, there is
no way to obtain for him an increase
without his making formal application
therefor; and in any event he would have
to be examined by Pension Examining
Surgeons If his condition is such as
to make it impracticable for him to 90
before the Surgeons, the Pension Bureau
will direct that one Surgeon examine
him at his home, and if this is done
the official character of tic examination
could be concealed without difficulty.
w. II. Fl. B., Cockerell, Ill.-NO pen
sion is allowed under the general law for
any disability not due, either directly or
Indirectly, to the service and line of duty.
Disabilities incurred since service are pen
sionable only under the act of June q.
1890. If you receive less than $12 per
month under the general law, probably
you can get S12 under the act of June q,
1S90-the highest pension allowed under
that act.
J. l.. G., Alfred. n. YOU had bet
ter file formal application for increase
of pension, claiming that the rheumatism
and heart disease have resulted from the
pensioned causes: and also file affidavits
from your physicians showing the connec-
tion between said diseases and the pen
stoned causes. 1t is purely medical
question, and the only satisfactory way
to get the matter definitely determined is
to file formal application, supported by
the afiidavits of your physicians.