The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-03-10
'UNE: WASHINGTON. D, G., THURSDAY. MARCH 10 1884,

the more early perhaps because by nature
soldier was neurotic.
1T is stated in Dercum's work, to which
reference has been made, that: The
most common cause of abscess in the
cerebrum is, however not traumat ism, but
chronic suppurative otitis media.
1.-The blow on the chin in September;
1898, diminishes vastly lin importance in
view of the suppurative otitis media of
October December, 1899.
This suppurative condition OF the ears
resulted from severe cold contracted in
the service. Line Of duty must be pre-
sumed from the record.
1.-The evidence shows q condition in sery-
ice and after service differing entirely
from soldiers ante service clinical his
tory. Yet it is a fact that, prior to
enlistment, soldier was SO constituted
in temperament and in physical disposition
that this development of disease in the
service is not surprising. Soldier had a
natural tendency in the direction both OF
disease of ear and of some form of neuro-
sis. The question is, under the circum-
stances, in view of this inherent cOnstitu-
tional tendency, is his epilepsy SO charge
able to his military service that his widow
is entitled to pension!
1.-THE question is not q new one. The
principle involved has been considered by
this Department in other cases and has
been we'll defined.
I'm the case of Rudolph NJ. Montgomery
f3 p. D., Al 1t was held that
soldier was pensionable:
where a disability, which originated
prior to enlistment, but was apparently
cured prior to and at the date of enlist
ment, is revived and aggravated as the inl-
mediate result of an accident or of an incl
dent in the line Of duty, the injurious con-
sequences Of such aggravation may be PEN
sionable under liberal construction of the
law. .s,.
'In the case of Joseph NJ. Potter g +.
D.. S2) it was in evidence that soldier had
had rheumatism prior to enlistment. The
surgeons certificate of disability for dis
charge, based upon rheumatism, contained
a statement to that effect. As a matter of
fact the claimant did have rheumatism in
1857. He apparently recovered tberefr0m
and was accepted into the military service
i'm 1861. In 1863 he had an attack of rheu-
matism and was discharged as unfit for
duty. 1t was held that he was pensiopable.
The prior attack of rheumatisa hight
have created a predisposition to the later
attack. The rheumatic diathesis might
have been present. But it was held:
Where it appears that, prior to enlist
ment, claimant had a disease which may
have created a predisposition to the recur-
renee of the same, rendering his system
more liable than otherwise to a second at
tack from exposure or unusual hardship,
and yet, when it appears that there had.
been, prior to enlistment, complete recov-
cry from the first attack, and the circum-
stances necessary to produce the disease, or
recurrence of the same, are due to the
performance Of claimants duty as a SOL
der. and were Iegitimately incidental to
the service, it is held that the recurring
disability is pensionable under the law.
Bernard Bruner g p. D., 228) applied
for a pension, through his guardian, on
account of insanity. The surgeons certi-
icate Of disability for discharge was based
upon mental imbecility. with symptoms of
insanity Disability existed prior
to enlistment The evidence showed that
soldier was peculiar and simple be-
fore service. He enlisted August %, 1862.
Three or four months later he developed,
with no apparent existing cause, symp-
toms of insanity. leading to his discharge.
1t is probable that as in the case at bar,
the soldier was Of neurotic temperament
a degenerate. Yet it was held in that case
that soldier was pensionable: - 7
at is rule of practice that an unusual
susceptibility to some form Of disease. ex-
isting before enlistment, is no bar to pen
sion, IL the disease did not develop Until
after the claimants admission to the serv1
ice. s~.
The line of demarkation between those
cases wherein it has been decided that the
claimant is entitled and those in which ne
is not entitled to pension is this: mere
aggravation in service of preexisting dis
ease is not reasonable; but where dis
ease develops in service. starting with some
injury or ailment incident to line of duty
as the immediate efficient cause thereof, al
belt there is q preexisting tendency, a
natural predisposition, to the disease, said
predisposition is not bar to pension,
I'm the case on appeal 1t can not be
gainsaid that soldier was predisposed upon
taking cold to ear trouble, and that his
neurotic temperament rendered him more
susceptible to epilepsy than he otherwise
would have been; but he did not have q
specific chronic ear disease at the time of
enlistment, and il he ever had chronic
disease of the middle ear he had recovered
therefrom. His acceptance into the serv-
ice evinced that fact-which is in harmony
with the evidence. While in line Of duty,
as the result of cold, he sustained an
acute attack of otitis media, which de-
veloped to the suppurative stage. A second
airy abscess formed in the brain, causing
the lesion of which his epilepsy was symp-
tomato.
''The only disease with which we are
concerned liz the brain lesion evinced by
epilepsy. 1t may be admitted that the ten
dency to disease of the middle ear and his
neurotic temperament predisposed soldier
to epilepsy. But under the decisions (and
especial reference is had to the Potter and
Bruner cases) the widow must be deemed
to be entitled to a pension, as epilepsy, 1t
is admitted, caused his death. Epilepsy
developed in the service as the immediate
sequela of otitis media suppurative, which,
in turn, was due to a cold contracted In
line of duty. The predisposition to both
troubles was present; but the said predis-
position is not bar to the widows right.
you will readjudicate this claim in accord
ance with this decision upon the return
of the papers"
MUSTERED OUT.