The National tribune. [volume] (Washington, D.C.) 1877-1917, 1904-03-10
DEPARTMENT NEWS.
SERVICE oRIGIN-EvIDENcE.

DEPARTMENT NEWS.
SERVICE oRIGIN-EvIDENcE.
In the general law pension claim Of
James NJ. Hoxie, Cert. No. 72O700
Docket No. 763S91, the Pension Bureau
held that in the absence of official record
or medical evidence of treatment while il
the service or since discharge prior to
1882, the testimony filed failed to estab-
lish origin of the alleged disabilities in SER
vice and line Of duty. On appeal it is held
asst Secretary Miller, Nov. %, 1903:
1.-The army record shows that he was de-
tailed about the time that he says and his
explanation Of why he had no treatment
in the service is reasonable; namely, that
he was away from his command and no
Surgeon with the detachment The repu-
tatiOn of these witnesses was inquired Of
by the Commissioner and in every instance
where an answer was received they were
reported good and reliable witnesses. The
papers bear no impress Of having been
themselves apparently with candor. As
before stated, the records Of the War De
partment show that the claimant was
treated for diarrhea, which might reason
ably have resulted in piles, as he states,
and as the witnesses state.
''The Department is Of the opinion that
his rheumatism and piles were contracted
in his military service, and that he has
fairly shown this fact.
{, 1.-The action of the Bureau is accord
ingiy reversed. and. the papers are re-
tnrned herewith ri s:f
DEATH cAUsE-PREDIsPosrrIo
In the claim of the widow Of Stephen
b. Carrier (war with Spain for widow g
pension under the general law, the Pension
Bureau held after exhaustive special exam
nation that here was no satisfactory proof
that the fatal epilepsy originated in the
service and line of duty, ''the soldier having
suffered from blow on the head, deiirium,
fever. and affection Of the ears prior to his
military service" The decision on appeal
from this action says ASST. Secretary
Miller, January q, 1904:
The special examiner reports that the
soldiers family are people of good repute
for truth, but are not considered overly
bright.
cred mentally strong as there is pecu-
liarity that runs through the family, indi-
eating a mental responsibility.
THE evidence collected by this examiner
warrants this conclusion, SO far as soldier
at least is concerned. The nightmares, his
restlessness during sleep, his talking in his
sleep, the easily excited delirious condi-
ton caused by rise Of temperature, his
nervousness, his excitability, his head
aches; all point to degeneracy-to the exis-
tence OF a neurotic condition. But they do
not point to epilepsy; they simply point
the way.
ut Is certain from this evidence that the
soldier never had epilepsy prior to enlist
ment. His general health was good. He
was subject to attacks Of malaria. But
none of these things cause epilepsy.
aside from the fact that soldier was
nenrotic, the only thing in his history.
prior to enlistment, Of significance in this
case is his trouble with his ears. His
hearing, due to catarrh, perhaps, was not
acute at all times. Certainly, in child
hood and when he was Is or 10 years of
age (he was % at enlistment) he had gath
ering in his ears. 1t is also In evidence
that he was subject to earaches at times,
and it is probable that he had these gath
erings occasionally. 1t is not in evidence,
however, that he had any special ear trou-
BILE at or for a long time prior to enlist
ment Certainly he did not have any chronic
suppuratiye disease of the ears. Aside
from the tendency to trouble with his ears,
il must be presumed that he was physi-
cally sound at enlistment. He enlisted
subsequent to the war with Spain in vol
unteer organization raised to serve in the
Philippines. The presumption is that he
was subjected to a thorough medical exam
ination at the time of his enlistment.
Eve now come to the medical history of
the soldier during his service. He enlisted
September 20, 1899. He stated in his claim
for pension that he contracted q cold which
resulted in impaired hearing and in epilep-
sy. the first fit occurring on October 8.
1890. The record shows that from Octo-
Der 8 to December Is, 1899, the soldier was
H. kcI E.
gastritis and otitis media, suppurative,
acute, both ears, in line Of duty. He was
discharged December Is, 1899, on q sur.
geon's certificate of disability. The cause
Of disability Is stated to be otitis media,
suppurative. right and left. IL was further
stated that the disability was incurred in
| line of duty. But the cause Of otitis was
had been In the hospital since October 81
The following most significant statement ID
| made:
''This soldier has regular attacks of hys
terical commissions.
"In view Of his clinical history there
Is no question as to the nature OF these
hystericai commissions. The diagnosis
properly should have been epilepsy.
| From that time on until his death there
is history OF epilepsy. to which he final
| iy succumbed.
Epilepsy, then, developed while he was
/ q soldier and continued to exist until hid
death.
"The question Is. what caused his epilep
sy? From the history OF the case there
can be but little doubt. Il was In his cast
organic, not idiopathic. Epilepsy, 1t must
be remembered. Is symptom. not q dis
ease. In this case it Is undoubtedly symp
i tomato Of brain lesion caused BY disease
of the middle ear. This pathology ID vel
recognized. Assesses Of the bfains anl
ear disease are given among the causes
! of organic epilepsy by DIR. Il. @. Gray II
his article In Dercum's work.on nervous
Diseases An abscess formed In the mid
die ear In service q secondary abscess
formed IN the brain. Epilepsy followed