The National tribune., 1904-04-07
UNITED STATES PENSION. LAWS.
Comprehensive Digest Pension Legislation From the Founda
tion of the Government.
Co,,rir LIED. EC4. by THE NATIONAL TRIBUNE

APPEALS BEFORE TIE SECRETARY OF TIL
INTERIOR.
The following new rules of practice
with reference To appeals III pension an'
bounty-lhnd eases were promulgated Feb
ruary -. 1903:
RULE l.
An appeal will lie to the Secretary o
the Interior from the final action or orde
of the commissioner of Pensions in nj
cases relating to pension or bounty lands
and separate appeal must be filed il
each case.
When an appeal is filed with the Secre
tary by IL recognized attorney the name
and service of the soldier on account Of
whose service the claim is based mus
he correctly stated. including the mum
Der of the claim; also the law under which
the claim is prosecuted. the date and sub
stance of the action complained of. anG
il must point out specifically the alleged
mistake or error of fact or of law in the
adjudication of said claim by the Bureat
of Pensions.
RULE ;.
An appeal in q pension claim will not
be entertained until applicant has filed al
attainable evidence and obtained the de-
cision of the Bureau of Pensions thereon
and new and material evidence relative
to the ground of rejection. filed subsequent
TO such action. will not be considered by
the Secretary until the same has been
passed upon by the Bureau of Pensions
When such new evidence is filed Subse
quent to filing the appeal the case will be
returned to the Bureau of Pensions fol
consideration of such evidence and action
thereon. after which the case will be re
submitted TO the Department for final ac
IN no no a.
dence filed.
All additional evidence filed with 4 view
of reopening rejected pension claim must
be filed in the Bureau of Pensions. and
must finally he passed upon by the Com
missioner of Pensions before an appeal
based thereon will be entertained.
RULE ;.
Upon reference to the Bureau of Pen
sions of an appeal that Bureau will make
report thereon latter verifying from the
record the name. service. and number OF
the claim referred TO in the appeal. show
ing the action taken, together with the
date and reasons therefor. also the name
of the attorney who is entitled To recog-
milton.
RULE 6.
A report upon an appeal Involving q
medical question must be accompanied
with an opinion of the Medical Referee
thereon.
RULE {.
An appeal by an attorney will not be
entertained unless he has filed duly ex-
ecuted power eff attorney for this purpose
from the claimant. or is entitled under
the rules to recognition.
An appeal taken on behalf of claim
ant by or through Il suspended or dis
barred attorney will not be entertained.
RULE Q.
No appeal from an action of the Com
missioner of Pensions denying an attor-
ney recognition i'm a claim for pension or
bounty land will he entertained unless filed
within one year from date of notice of
such action. Said appeal must state the
reasons assigned by the Commissioner for
his action. and clearly and fully set forth
wherein the attorney contends such action
was error. and the law, order ruling. or
decision upon which he relies for relief.
RULE 10.
No appeal pertaining to the allowance
of fee. when refundment has been called
for, will be entertained unless refundment
rs required shall have been made.
RULE II.
An appeal presenting for consideration
the amount of fee which should be al
lowed to an attorney for his services i'm
prosecuting a claim for pension will not
be entertained unless filed within one year
from the date of payment of a fee there
In by the Commissioner to the attorney
entering the appeal.
RULE 10.
The acauiesence for one year by an at
fOrney in an adverse action Of the Bureau
of Pensions as to his title to fee in a
claim for pension or bounty land will oper-
ate as forfeiture of any title to which
he may have had thereto.
RULE Is.
Hereafter more than one motion for re-
consideration of a decision adverse to n
partment. except when the motion dis
closes that some material feature Of the
ease has not been considered in the de-
eision or that there was error Of fact OF
In the application of the law.
RULE II.
When an appeal To the Secretary from
the rejection of n claim is fled and upon
review by the Bureau Of Pensions it is
found that the Bureau is warranted i'm re-
ceding from the adverse action taken and
IN allowing the contentious of appellant
On dismissal of the appeal. the Bureau
should report accordingly. when the ap
peal will be dismissed and the case vii
he returned for immediate favorable ac
fion: but if the Bureau recedes from the
adverse action taken for the purpose Oi
special examination. another medica
examination. or for any cause deemed ap
prOpriate. other than the allowance Of th,
claim, a report should be made accord
ingly, requesting permission 10 take suci
action, when. if deemed proper. the re
quest to reopen will be granted and til,
ease returned for further action and re
port before the appeal is finally disposed
Of.
RULE IL.
The filing of an appeal in any case shall
operate 10 suspend action in the Burea,
Of Pensions in said case until the appea
has been disposed of or other order i
made by the Secretary.
This rule will not operate 10 proven
the Commissioner of Pensions taking &C
ton in any other claim filed by appeIlan
not involved in the pending appeal.
RULE 1G.
Upon the adjudication of claim 70
division Of pension under the act Of Marc
B. 1899 in the Bureau Of Pensions, bot
parties will be promptly notified by tn
Bureau, by registered letter. Of the &C
ton taken. Either party will be allowe
thirty days from receipt Of said motto
to appeal from said action, the appeal I
he aceon,pa niod hy lua nr0nf nf ao.,;a