A. TREATISE* "* 
1 
ON THE 
Practice of the Pension Bureau, A TREATISE 
ON THE 
Practice of the Pension Bureau, 
GOVERNING THE 
ADJUDICATION OF ARMY AND NAVY PENSIONS, 
BEING THE 
UNWRITTEN PRACTICE FORMULATED, 
BY 
CALVIN B. WALKER, 
DEPUTY COMMISSIONER OF PENSIONS. 
WASHINGTON: 
GOVERNMENT PRINTING OFFICE. 
1882. Entered according to act of Congress, in the year 1882, by Calvin B. Walker, in the 
office of the Librarian of Congress, at Washington. Department of the Interior, 
Pension Office, 
Washington, D. C., August 1, 1882. 
Sir: In order that greater uniformity may be had in the 
adjudication of claims for pension, it is my desire that the 
unwritten practice of this Bureau be formulated. 
You are therefore requested to prepare at an early date a 
“Treatise” covering the practice in all classes of claims. 
W. W. DUDLEY, 
Commissioner. 
C. B. Walker, Esq., 
Deputy Commissioner. 
Department of the Interior, 
Pension Office, 
Washington, D. G., November 10, 1882. 
Sir: In accordance with your request of August 1, 1882, 
a “Treatise on the practice of the Pension Bureau’? has 
been prepared. 
I have the honor to present the same herewith for your 
consideration. 
Very respectfully, 
CALVIN B. WALKER, 
Deputy Commissioner. 
Hon. Wm. W. Dudley, 
Commissioner. Department of the Interior, 
Pension Office, 
Washington, D. C., November 15, 1882. 
Sir: I have examined the “Treatise on the practice of 
the Pension Bureau.” 
In my opinion the medical propositions are correctly pre- 
sented, including all questions relating to pathological 
sequelae. 
Yery respectfully, 
T. B. HOOD, M. D., 
Medical Referee. 
Hon. Wm. W. Dudley, 
Commissioner of Pensions. 
Department of the Interior, 
Pension Office, 
Washington, D. C., November 15, 1882. 
Sir: I have examined the “Treatise on the practice of 
the Pension Bureau.” 
It correctly and succinctly presents the practice of this 
office, and the same is hereby approved. 
W. W. DUDLEY, 
Commissioner. 
C. B. Walker, Esq., 
Deputy Commissioner. A TREATISE ON THE PRACTICE OF THE PENSION 
BUREAU. 
1. The laws of the United States governing the granting 
of Army and Navy pensions and bounty land warrants, 
decisions of Secretaries of the Interior, opinions of Attor- 
neys General, and the rulings, orders, and regulations of 
the Commissioners of Pensions thereunder, are set forth 
and conveniently arranged for reference in the Digest re- 
cently published by order of the present Commissioner. 
2. In the adjudication of claims for pensions there is an 
unwritten practice with which all who perform a part in the 
settlement of claims should be familiar. This unwritten 
code is the result of the experience of different administra- 
tions ; therefore it has been carefully considered from time 
to time by those whose ability and experience qualified 
them to establish the practice herein formulated, the result 
of which is entitled to respect. 
3. To reduce such unwritten practice to writing is the chief 
object of this brief treatise. To accomplish the purpose 
frequent reference must be had to the contents of the said 
Digest. As the unwritten practice is founded upon the 
laws, decisions, rulings, and orders, a part of the written 
law must therefore of necessity be embodied herein. 
COURSE OF PROCEDURE. 
No. 63 of the orders of the present Commissioner of Pen- 
sions defining the course of procedure in the adjudication of 
claims is as follows: 
To settle the practice of the office and to enable all to understand the course 
of procedure in adjudicating claims it is announced: 
1. On the filing of a claim its receipt will be acknowledged; it will be 
stamped, jacketed, the jacket correctly briefed in Mail Division, and sent the 
next day to the Keeord Division, where it will be immediately numbered, and 6 
PRACTICE OF THE PENSION BUREAU. 
forwarded the same day, or as soon as possible, to the adjudicating division 
to which it belongs, or, if there is an attorney appointed, to the Division of 
Special Examination, where the standing of the attorney will be properly 
indorsed thereon, and then sent on the same day to the adjudicating division. 
2. In the adjudicating division the claim will be at once examined as to 
the proper execution of the declaration and sufficiency of the allegations. If 
insufficient, the claimant and attorney will be so notified, and the case will be 
sent to the rejected files. If sufficient, the claimant and his agent will be in- 
formed of the number, and that the claim will be settled as soon as possible. 
The proper calls will at once be made on the Adjutant and Surgeon Generals, 
and the invalid claimant will be ordered for examination. On receipt of re- 
ports from the Adjutant and Surgeon Generals the case will be assigned to an 
examiner as soon as practicable, who shall at once call, through the attorney, 
for all the evidence necessary to complete the claim, thereby notifying him 
that the office is ready to consider the case and the evidence thereafter filed. 
The year of neglect on the part of the agent or attorney in the case to reply 
to the call of the office will begin from the date of this order. The examiner 
will briefly and plainly note on the jacket the date of such call and the char- 
acter of such notice. 
3. When the evidence is complete the examiner shall brief the case, and 
submit it for “admission” or “rejection” in accordance with Order Iso. 62. 
The chief of the division will then send such adjudicated case to the Board of 
Review, and unless the case is sent back to him as improperly submitted, his 
connection with such claim shall then cease. If improperly submitted, the 
claim will be re-adjudicated. 
4. The Board of Review will, in accordance with order No. 59, review such 
adjudication and return to the chief of the proper division all claims improperly 
submitted and such as are rejected, and properly rate, after medical review, 
all submitted cases and send the same to the Certificate and Account Division. 
5. The Certificate and Account Division will make proper record, have cer- 
tificate, order to inscribe, and notice to claimant and agent properly made and 
sent without delay. , 
6. Should an appeal be taken from an adverse decision of this office, the 
law clerk, under the direction of the Commissioner, will prepare the papers 
for submission to the Secretary. If the decision is reversed, the case will be 
sent to the adjudication division for action in accordance with decision. 
Order 62 above referred to is as follows: 
It is hereby ordered that in all cases submitted for review, the brief shall 
embody the facts, essential points, character, and weight of all evidence, in- 
cluding mention by name of all persons testifying, certifying, or making 
statements, and a reference to all the papers to be examined by the reviewers, 
except the reports of the Adjutant General, Surgeon General, Examining Sur- 
geons, and certificates of disability, which must be attached to the brief. All 
papers in a case which are not to be considered by the reviewer shall be col- PRACTICE OF THE PENSION BUREAU. 
7 
lected together in a separate jacket. The brief shall show the date of filing 
of all the evidence, whether official reports, certificates, affidavits, statements, 
or reports of the War Department as to the “presence or absence” of affiants, 
which dates are to be noted in red ink immediately following the name of the 
person testifying. If a report of the Division of Special Examination accom- 
panies a case, a reference to the same, with the date of filing, shall appear 
on the brief. If an admitted case is re-submitted to the Board of Review 
upon a report from the Division of Special Examination, a new half-face 
shall be attached to the original brief. In all cases it shall appear whether 
the case is submitted for admission or rejection; if submitted for admission, 
there shall be entered on the brief the words “submitted for admission;” if 
for rejection, the words “ submitted for rejection,” and the examiner may, if 
he so desire, give briefly his reasons for his action in the premises. Whenever 
a case is ready for submission, the examiner shall brief and return the same 
to the chief of his division for submission to the Board of Review. 
Order No. 59 above referred to is as follows: 
, Matters of fact, and the judgment of the x>ffice upon them, as well as the 
ascertainment of the character and reliability of testimony and credibility of 
witnesses, are questions solely for the adjudicating divisions; and the papers 
in the case, together with the brief, are to be transmitted to the Review Board 
for review. The sole function of the Review Board is to treat cases judi- 
cially, upon the papers, and after a finding upon the law and the facts, cases 
are then to be referred to the Medical Referee for his decision upon the medical 
questions involved, based upon such finding, and he shall then return the 
same to the Review Board, with his opinions, for its final report. (See 
Digest, page 250.) 
The first actiou to be taken in a claim by an adjudicating 
division is to determine the sufficiency of the declaration. 
This is a duty which should be carefully performed. It is 
all important to the claimant that the declaration be prop- 
erly executed in accordance with section 4714 of the Eevised 
Statutes* (see page 41 of Digest), and that it contains a 
clear and intelligent description of all disabilities for which 
pension is claimed and the manner in which the same were 
contracted, and conform in all respects to the regulations 
set forth in the beginning of the Digest. 
1. Under section 4714 of the Eevised Statutes, all decla- 
rations must be executed before a Court of Eecord or some 
DECLARATION FOR INVALID PENSION. 
* References to the Digest are to the edition published in 1882. 8 
PRACTICE OF THE PENSION BUREAU. 
officer thereof having custody of its seal, save only such 
exceptions as are therein mentioned. As to what are 
“courts of record” see opinion of Attorney General Wirt 
under such title, page 151 of Digest. 
2. In examining a declaration for an original invalid pen- 
sion to determine its sufficiency the following points must 
fre considered: 
a. Whether executed before the proper officer. 
b. Identifying witnesses, and in addition to the formal 
parts the facts in regard to the following points must be 
covered by allegation: 
g. Service; • 
d. Personal description; 
e. Description of disability or disabilities claimed, the 
facts connected therewith and incurrence thereof; • 
/. Hospital treatment; 
g. Prior, if any, and subsequent service; 
Ji. Residence and occupation before the war and at time 
of filing claim; 
i. Extent of disability claimed with regard to performing 
manual labor. 
AMENDMENTS TO DECLARATION. 
1. To be received as sufficient to fix date of commencement 
of pension, it is not required that a declaration contain all 
of the above statements, but if in any other form, it can- 
not be said to be complete. In office parlance a declaration 
is said to be formal when executed before the proper officer, 
and hence informal when not so executed. 
2. When a formal declaration has been filed and properly 
witnessed and one or more of the above statements omit- 
ted, the same may be supplied by subsequent affidavit 
amending the declaration, except that the original declara- 
tion must contain some description of the disability for 
which pension is claimed and the incurrence thereof, which 
description may also be amended by affidavit. While a 
formal declaration, imperfect in its allegations, may be PRACTICE OF THE PENSION BUREAU. 
9 
cured by affidavit, yet if a new disability is claimed a new 
and formal declaration therefor must be filed, and pension 
for same, if allowed, must commence at the date of filing- 
such new declaration, if filed since June 30, 1880. (See 
paragraphs Nos. 10 and 17 of supplement to Digest of De- 
cisions.) 
3. For commencement of pension when an informal dec- 
laration has been originally, and a formal one subsequently 
filed, see paragraph No. 52 of supplement to Digest of 
Decisions overruling No. 10 of said supplement. 
4. Great care should be taken by the examiner to observe 
whether the evidence Hied by the claimant in a case from 
time to time supports the disability alleged in the declara- 
tion. Often one disability is alleged and a different one 
proven. This may occur for different reasons, and for such 
as should not prejudice the case. Claimants and their 
agents are not often physicians and may give an improper 
diagnosis of their cases. A certain disability may be de- 
scribed and called by an incorrect name, which fact should 
not militate against a case. (See paragraph 4, page 1G9 of 
Digest.) Often in such cases no change is required in the 
declaration. Such a principle may apply as is laid down in 
paragraph 5, under title of Declarations, page 153 of 
Digest. Again, it may be necessary to modify the declara- 
tion in accordance with the facts established ; in such cases, 
the claimant’s interest should be carefully guarded and he 
promptly notified. 
FACTS NECESSARY TO ESTABLISH AN INVALID CLAIM. 
1. A sufficient declaration being on file for an invalid 
claim, to establish the same it must be proven by competent 
and satisfactory evidence: 
a. That the claimant was an enlisted soldier or sailor in 
the Army or Navy of the United States, or of that class of 
persons mentioned in section 4093 of the Revised Statutes. 
b. That such soldier contracted an injury or disability in 
said service. 
c. That the same was contracted in the line of duty. 10 
PRACTICE OF THE PENSION BUREAU. 
1. It will be observed that to obtain a pension the claim- 
ant is required to show, in addition to the fact that he re- 
ceived an injury or disability while in the service, that the 
same was received in line of duty. It is therefore necessary 
to have some understanding what is meant by “line of duty” 
to enable one to have a proper understanding of the proof 
required to establish a claim. 
2. “Line of duty” is a technical phrase, which is defined 
in the administration of the pension laws as that relation 
which a soldier or sailor sustains to the military or naval 
service of the United States when performing an act con- 
nected with any of the possible conditions or requirements 
of the service, or in the observance of the proper orders of his 
superiors, not in violation of the army or naval regulations. 
3. A few observations will be sufficient to illustrate all 
that is necessary to be said on this subject in a work like this. 
A soldier may be in the line of duty in general, but not 
actually, at the time he contracts his disability. For in- 
stance, he may be in action and instantly cease to perform 
his duty and shoot himself purposely. He may be in camp 
and provoke a quarrel with another and in the contest 
receive an injury; incur a disability while on leave to attend 
to private business; or receive an injury through gross care- 
lessness in handling his weapon or while foraging without 
orders. 
4. Such injuries or disabilities, though received while the 
soldier was in the service, but not in line of duty, are not 
pensionable. Therefore, to give title to pension the claim- 
ant must prove that he received an injury or disability while 
in the service, and the facts connected with the incurrence 
thereof must also be made to appear, that it may thus be 
determined whether the same was received in line of duty. 
LINE OF DUTY. 
THE CHARACTER AND AMOUNT OF EVIDENCE REQUIRED 
TO ESTABLISH CLAIMS FOR PENSION. 
1. A claim for pension may be pro veil by record evidence 
only, or by record and parol evidence, but never by parol PRAGTIGE OF THE PENSION BUREAU. 
11 
evidence alone. Tlie Adjutant and Surgeon Generals’ re- 
ports and certificates of disability constitute what is called the 
“record.” 
2. It hardly need be stated that, unless the soldier was 
discharged for a disability, no certificate thereof exists in 
his case, and unless the soldier received treatment, no 
report showing treatment can be had from the Surgeon 
General; but in every case there must be a report of the 
Adjutant General to show service of the soldier, or no pen- 
sion can be granted. 
3. The first point necessary to be proven in every case 
can be established by a report of the Adjutant General only, 
that officer being the sole judge of all questions pertaining 
to enlistment, service, and discharge of a soldier. It may 
occur that an invalid claim can be legally established on 
the report of the Adjutant General alone, as will hereafter 
be considered. If not fully established by such report the 
deficiency in the proof may often be supplied by the report 
of the Surgeon General, or by a certificate of disability. 
4. Parol evidence is testimony of any character, other than 
record, tending to establish a claim. It is divided into 
medical and lay. Medical evidence is the testimony of 
physicians upon medical questions. Lay evidence is all 
other parol evidence. 
5. In the absence of record evidence the second and third 
points necessary to establish a claim may be proven by parol, 
and in some cases even by lay evidence, if it be first shown 
that medical cannot be had. The character of evidence 
necessary to establish the different classes of claims, and the 
rules governing the sufficiency of the same, will be hereafter 
considered in detail. 
6. As to the amount of evidence necessary to establish 
any given claim only general rules will be given; therefore, 
when it is hereinafter stated that the testimony of a cer- 
tain number of witnesses will establish a specific point, it 
must always be understood that the rule is given upon the 
presumption that nothing adverse to the claim appears in 12 
the case, that the affidavits of the witnesses are full and 
specific, and the testimony in all respects is in accordance 
with the office requirements. 
7. A doubt may arise in regard to the merits of a case 
and a large number of affidavits be filed, all of which may 
not prove the claim. Let it then be remembered that the 
statements in regard to the sufficiency of parol evidence 
are made with the qualifications stated. 
PRACTICE OF THE PENSION BUREAU. 
WITNESSES, AND THE OFFICERS BEFORE WHOM EVIDENCE 
MAY BE VERIFIED. 
1. An affidavit to be conqilete should show what relation 
the witness sustains or sustained to the claimant; that is, 
whether physician or neighbor, commissioned officer, or 
comrade. 
2. Every witness should state whether he is directly or 
indirectly interested in the prosecution of the claim in which 
his testimony is given. It should always be shown whether 
a witness testified from personal knowledge or not; if so, 
it should appear that he possessed such knowledge, and he 
should state his means of information. 
3. Joint affidavits are objectionable, for the reason that a 
witness should not merely confirm the statement of other 
parties, but each witness should make a separate, specific, 
detailed statement of the facts to which he testifies. 
4. Testimony to have the greatest weight should be in the 
handwriting of the witness, and should be free from inter- 
lineations; if material interlineations have been made, the 
officer before whom such testimony is verified should cer- 
tify that they were made before signing. 
5. It is important that claims for pension be established 
by witnesses who are not relatives of claimants, but testi- 
mony of relatives who are disinterested will be accepted. 
(See paragraph 1, under the title of “ Evidence,” page 108 
of the Digest.) 
6. The official certificate of judicial officers using a seal, 
or of commissioned officers of the Army or Havy in actual PRACTICE OF THE PENSION BUREAU. 
13 
service, will be accepted without affidavit; and the test- 
imony of examining surgeons of the Pension Office need not 
be verified, unless the title to pension in doubtful cases rests 
on their evidence alone, when its verification may be re- 
quired. (See order of the Commissioner, No. 77.) 
7. All evidence may be verified before an officer author- 
ized to administer oaths for general purposes. Any officer 
before whom evidence is verified must set forth in his cer- 
tificate that he is not interested in the prosecution of the 
claim in which such testimony is to be used, for the reason 
that evidence verified before an officer who is interested in 
the prosecution of the claim will not be accepted. (See par- 
agraph 1, page 129 of the Digest.) 
8. Tile officer before whom evidence is verified should cer- 
tify as to the credibility of the witnesses, and if they sign 
by mark, he must certify that their testimony was read to 
them and the contents fully made known to them before 
their oath thereto was administered. The official character 
and signature of the magistrate or notary public before whom 
evidence may be verified must be certified to by a proper 
officer of a court of record, under the seal of such court. 
When a notary public or magistrate has filed his commis- 
sion, or a certified copy of his appointment, with his signa- 
ture attached (if a notary public also his official seal), and 
the certificate of the clerk of the court or other proper offi- 
cer certifying to the genuineness of the signature in this 
office, all evidence verified before such officer will be ac- 
cepted without further attestation during the period of his 
term of office. 
DUPLICATE CALLS FOR EVIDENCE. 
1. Special attention is invited to the decision of the Hon. 
Secretary of the Interior under head of “Requirements,” 
paragraph 1, page 212 of Digest; also to circular of the Hon. 
Commissioner under date of March 24, 1882, in regard to 
duplicate calls for evidence. 
2. When a call for evidence is made in a case it should, 
as far as it is possible to ascertain it at that time, include 14 
all that is necessary to establish the claim. Technically 
speaking, a duplicate call is always improper, and that is 
what is forbidden. To avoid such errors no call for evidence 
should be made from the entries on the jacket. When the 
evidence called for is filed it may not be sufficient for a num- 
ber of reasons. The affidavits may be too general in terms, 
or it may be clear that the affiants have no personal knowl- 
edge of the facts stated therein, or they may develop such 
facts as to make further inquiry necessary. But the origi- 
nal call should not be repeated in the same form. 
3. If the evidence does not cover the points it should be 
stated wherein it is insufficient. The claimant is at all times 
entitled to know the exact condition of his case. When a 
further requirement is necessary, a full explanation should 
be made showing why it is necessary, and a good and suffi- 
cient reason given therefor. 
PRACTICE OF THE PENSION BUREAU. 
JACKET ENTRIES BY EXAMINERS. 
1. Iii all classes of claims tlie entries on jackets containing 
papers should he made in a legible handwriting, the dates 
given, with the initials of the examiner who made the same, 
and all abbreviations omitted except such as are clearly in- 
telligible. Such entries should give a full and complete 
history of every action taken in the case and the date thereof. 
2. When evidence is tiled with the papers the entry on 
the jacket of the call therefor should be at once canceled ; 
but if it has been furnished without a call for the same hav- 
ing been made, the entry should show the tiling thereof. 
3. Great care should be observed by examiners to avoid, 
under any circumstances, placing important papers on tile 
without making the required indorsement; when evidence 
is called for, the names of the attorneys through whom it 
was made should appear, and so aid in avoiding mistakes 
as to their recognition. The entry “Called on attorney” is 
not complete; his name should be given. 
4. As has been stated, no calls for evidence should be 
made from the entries on the jacket, for the reason that the PRACTICE OF THE PENSION BUREAU. 
15 
claim may have been in the hands of different examiners 
and the jacket not properly indorsed. 
5. By a careful observance of these rules mistakes may, 
to a great extent, be avoided, and the office not embar- 
rassed by examiners making calls for evidence already on 
tile, aud recognizing attorneys who are not authorized to act 
for claimants, and giving condition of claims from incom- 
plete and incorrect entries on jackets. When a jacket be- 
comes so worn as to be unfit for further use, all the entries 
on the old should be carefully spread upon a new one by 
the examiner, and the old preserved for reference. 
REPORTS FROM THE WAR DEPARTMENT. 
1. To obtain the record evidence required in a case, calls 
for the same should be on the War Department in accord- 
ance with the allegations of the declaration. 
2. Calls on the Adjutant General should be made for a 
report of the service and disability of the soldier, and his 
full military history; except that in gunshot wound and in- 
jury cases a call should be made for his service, and specific 
information concerning the wound and injury alleged. 
3. Calls on the Surgeon General are necessary in all cases 
(except as specifically stated herein) notwithstanding the 
fact that no hospital, or other treatment in the service may 
be alleged, and none shown by the report from the Adjutant 
General or by the evidence on file in the case. 
4. When it appears from any paper filed in the case that 
there was hospital treatment, although the claim may appear 
to be proven by a report of the Adjutant General, the prac- 
tice of allowing such cases, in the absence of one from the 
Surgeon General, is not to be approved; for the reason that 
such report might give information concerning the charac- 
ter of the wound which would aid the office in fixing a just 
and equitable rate, and information be thus obtained as to 
the nature of disabilities that may not be pensionable, and 
further inquiry as to the merits of the claim might become 
necessary. 16 
PRACTICE OF THE PENSION BUREAU. 
5. Where it appears from the report of the Adjutant 
General, or otherwise, that the soldier was discharged on a 
Certificate of Disability, the same should be obtained and 
applied to the case. These certificates are issued in dupli- 
cate; one is filed in the office of the Adjutant General, and 
the other in this office, and ordinarily no call on the Adju- 
tant General is necessary to obtain the same. 
6. It may occur that a Certificate of Disability exists and 
no duplicate is filed in this office or in that of the Adjutant 
General. In such cases, a call should be made upon the 
Second Auditor of the Treasury for a copy of such part of 
the final statement of the soldier as relates to his disability. 
PROOF IN GUNSHOT WOUND CASES. 
1. Where a report of the Surgeon General is found for 
any cause not to be necessary, and the disability alleged by 
the soldier is a gunshot wound received in action and line 
of duty, if the report of the Adjutant General shows the 
service of the soldier to be as claimed, and that he was 
wounded in action, or at a place where a battle is known to 
have been fought, and locates and describes said wound or 
wounds, no further evidence is required to legally establish 
the claim, and it is held to be jiroven on the record. 
2. Claimant should then be ordered before such examin- 
ing surgeon or board as is most convenient for him in regard 
to distance and means of travel. Should the surgeon, upon 
examination of the soldier, And evidence of the wound 
alleged in the declaration and shown by the record, and a 
disability therefrom, the claim is medically established and 
the claimant is entitled to pension. (For a description of a 
pensionable disability, see paragraph 8, under title of “Dis- 
ability,” page 158 of Digest.) 
PROOF IN GUNSHOT WOUND CASES WHICH ARE NOT FULLY 
1. On such records as have been described, and under 
the circumstances mentioned, claims for gunshot wounds PRACTICE OF THE PENSION BUREAU. 
17 
should be accepted as proven. To this general rule there 
are exceptions; for instance, the record may describe a 
slight flesh wound, and the examining surgeon And evidence 
of a wound of such a character and resulting in a disability 
which cannot be accepted as the one described in the record, 
though answering in description as far as location is con- 
cerned. 
2. The soldier’s claim may be a just one and the record 
incorrect, or it may be that during the years since the war 
l the soldier has received an additional disability. In such 
a case, or in any other, where in connection with the report 
of a medical examination a reasonable doubt is raised on 
jthe record, evidence of origin or condition at and subse- 
quent to discharge should be required. 
3. Where a report of the Adjutant General shows that 
the claimant was wounded in action, or at a place where a 
battle is known to have been fought at the time alleged, 
but does not describe the wound, the claim in sucb cases is 
not proven by the record. Under such circumstances it has 
been the practice that claimants should be ordered for ex- 
amination, under Order 75 (see supplement of Digest), so 
that the claimant may be examined for all other physical 
signs of wounds besides the one alleged, and the report of 
such examination should show compliance with the order. 
4. Under section 4 of the statute passed by the 47th Con- 
gress July 25, 1882, examining surgeons are required to 
make such of all medical examinations; but in the 
event that such a report is not filed in the case, then the 
claimant should be examined in accordance therewith. 
5. Hereafter, in all classes of cases orders for medical ex- 
aminations should, by virtue of the provisions of said statute, 
be of the character mentioned. When such an 
has been had and the surgeon finds no other physical signs 
of any other wound than that claimed, such report, in con- 
nection with the allegation of the claimant, is accepted as 
sufficient to locate and describe the wound as proven by 
the record, though not particularly located or described 18 
therein,—for the examining surgeon’s report is not to be 
taken as evidence of origin, only as evidence of location and 
description. (See paragraph 0, under head of “Sufficiency 
of Evidence,” page 169 of Digest.) 
6. It is far better in all cases to obtain a report from the 
Surgeon-General, if it appear from any paper filed therein 
that such report would be likely to show any facts regard- 
ing the wound. Such cases should be carefully guarded; 
and where a reasonable doubt is raised, evidence as hereto- 
fore stated should be required. 
7. Again, cases where a report of the Adjutant General 
shows that the claimant was wounded at the time alleged 
and in line of duty, but does not locate or describe said 
wound, and the report from the Surgeon General shows that 
he was treated in hospital for a gunshot wound at or about 
the time alleged, if such report locates and describes the 
wound claimed, the same is accepted as established on the 
record, provided the same be found by the examining sur- 
geon, although no special medical examination has been 
had for other physical signs of wounds. 
8. If a report of the Adjutant General shows that the 
company or regiment of the soldier was in action at the 
time he states be received a certain wound, the report fail- 
ing to show that he was wounded as alleged, and if the report 
from the Surgeon General shows that at or about that time 
he received treatment in hospital for a gunshot wound, and 
locates and describes the same, thus showing line of duty, 
the claim, if a disability from such wouud be found by the 
examining surgeon, is accepted as proven upon the record. 
9. In cases where there is such a report from the Adju- 
tant General as last mentioned, also from the Surgeon Gen- 
eral, except*that the latter does not locate and describe the 
wound, the same will be accepted as proven by the record 
after an examination under Order 75, in such manner as has 
been stated, and upon the filing of a report sustaining the 
claimant’s allegations. 
10. Such deficiencies in a report of the Adjutant General 
PRACTICE OF THE PENSION BUREAU. PRACTICE OF THE PENSION BUREAU. 
19 
as have been heretofore mentioned may be supplied by cer- 
tificates of disability signed by the captain of the soldier’s 
company and by his regimental surgeon, and thus legally 
establish a claim. Such certificates, when so signed, are 
received as the best evidence of the facts stated therein. 
11. Certificates of disability signed by a surgeon in charge 
of a general hospital are not given so great weight, as they 
may not show line of duty ; for a hospital surgeon, as a rule, 
does not possess personal knowledge of the facts concerning 
the manner in which a disability was contracted. (See 
paragraph 12, under head of Sufficiency of Evidence”, page 
170 of Digest.) 
PROOF IN CASES WHERE THE RECORD SHOWS THE SOL- 
DIER “ACCIDENTALLY” WOUNDED. 
1. Where the reportof the Adjutant Generator a certificate 
of disability shows the claimant “accidentally wounded” 
at a given time, locates and describes the wound alleged, 
but does not show the facts connected with its incurrence, 
or where the report of the Surgeon General shows hospital 
treatment for an “accidental wound” received at a given 
time, locates and describes it, but does not show the circum- 
stances under which it was received, such reports are accepted 
as proof that the soldier received the wound in the service, 
but line of duty must be shown by parol evidence. 
2. If the record does not locate and describe the wound, 
evidence should be required covering that point, as well as 
that showing “line of duty,” for every fact and circum- 
stance connected with the incurrence of the wound should 
be made to appear. 
3. Line of duty must be shown for the reason that it is 
not accepted that the wound was “accidentally” received 
because it is so stated in the record. The only fact accepted 
is, that a wound was received at the time and place stated. 
The word “accidental” shows that the actual facts of the 
incurrence of the wound were not known, or, in other words, 
not being known, it was supposed to be “accidental” at 
the time the record was made. 20 
PRACTICE OF THE PENSION BUREAU. 
4. The parol evidence required to prove a claim sup- 
ported by such a record is the testimony of one of the com- 
missioned officers of the soldier’s company or regiment, or 
if that cannot be furnished, then that of two comrades will 
be accepted as sufficient. The testimony of such officer 
and comrades should show that they had personal knowl- 
edge of the facts to which they testify and their credibility 
must be satisfactorily shown. When such parol evidence 
is filed, the examiner should call upon the War Depart- 
ment for a report concerning the presence or absence of. 
the affiants at the time it is alleged such wound was received. 
If the Adjutant General reports the affiants present at that 
time, such claim is accepted as “legally” established upon 
the record and parol evidence as stated, provided, from the 
description given of the wound and the facts and circum- 
stances stated in the evidence, no reasonable doubt arises 
concerning the incurrence of the same. In all cases in 
which the affidavits of affiants are not in their own hand- 
writing, correspondence should be had directly with the 
affiants, and specific inquiry made in regard to their per- 
sonal knowledge of the facts and circumstances to which 
they testify. 
5. Under such circumstances, if the affiants are comrades, 
inquiry should be made of the postmaster at their places of 
residence concerning their credibility ; but no such infor- 
mation should be requested of postmasters of large cities, 
it being considered impracticable for them to obtain it. If 
by such correspondence such doubt is removed the claim 
should be approved. If not, the action to be taken in such 
cases must depend upon the judgment of the examiner, 
who should duly consider all the surrounding circumstances 
and facts connected therewith. 
0. If it appears that the case possesses too much merit to 
be rejected, a requirement for further evidence should be 
made or the case referred for special examination. Often 
much light can be obtained by a medical examination under 
special instructions. PRACTICE OF THE PENSION BUREAU. 
21 
7. There are many accidental wounds, which appear of 
record, that were incurred at such time and place and 
under such circumstances as to make it impossible for the 
claimant to obtain the evidence required, although the claim 
may be genuine. Wounds received while on picket, or while 
foraging, are often of this class. The claimant should there- 
fore be required to give a very full and specific description 
of the wound, and to state all the facts and circumstances 
connected with its incurrence, so that it may be possible to 
form an opinion as to whether the wound was in fa<?t acci- 
dentally received or purposely self-inflicted. Tor instance, 
pistol-shot wounds received in the hands or feet should be 
carefully guarded. 
8. There are other wounds which in their nature commend 
the claims. A soldier would not be likely to purposely shoot 
himself in the head or through the leg. In cases where all 
the surrounding facts and circumstances are in favor of 
the claim and it appears that the claimant cannot furnish 
the required proof, all circumstantial evidence possible 
should be obtained. 
9. The reputation of the claimant for truth and veracity 
and his standing as a soldier should be inquired into; and, 
before rejection, the opinion of some officer of the bureau 
should be obtained as to the merits of the claim. 
EVIDENCE IN CLAIMS FOR DISEASES OE RECORD. 
1. The number of disease cases that are pensionable is so 
great that it is impracticable to attempt to consider sepa- 
rately the evidence required to establish each. Only sncli 
are specifically considered as will answer for a guide, to 
enable the examiner to ascertain the proof required in any 
given case by a comparison with that held to be necessary 
to establish claims for the different classes of diseases herein 
specified. Reference will be made to the most common dis- 
eases and to some of the pathological sequences therefrom 
which are accepted as being susceptible of proof. 
2. In considering specific diseases, a record of which is 22 
PRACTICE OF THE PENSION BUREAU. 
sufficient to show that the soldier contracted such diseases 
in service and line of duty, reference must be had to Riding 
No. 55, page 2G1 of Digest, under which it will be found that 
after six months’ continuous service immediately following 
enlistment, uninterrupted by the incurrence of any pension- 
able disability, certain diseases contracted thereafter will be 
accepted as due to the service upon record evidence alone, 
for the reason that, after such service, prior soundness of. 
the soldier may be legally presumed. 
3. It will be remembered that, as a rule, in gunshot wound 
cases established by the record no parol evidence of con- 
tinuance is necessary, the report of the medical examination, 
together with the record, being held as sufficient basis upon 
which to fix the rate of pension. 
4. In all disease cases, continuance of the disease, or the. 
result therefrom, together with the degree of the disability 
existing by reason of such disease since the discharge of 
the soldier from the service, must be shown by competent 
and satisfactory evidence. This is required, even though it 
is shown by the record that the disease is due to the service; 
the present condition of the soldier is shown by medical 
examination for the reason that diseases are progressive 
and changeable and he may have contracted others since 
discharge. 
5. Evidence of continuance should be specific in its charac- 
ter, it being absolutely necessary, particularly in arrears 
cases, to fix a just and equitable rate from time to time 
during the years since discharge, the medical examination 
not being sufficient to cover so long a period as has elapsed 
since the war. (See circular of the Hon. Commissioner, 
under date of July 12, 1882, which requires examiners to 
express an opinion as to the rate of the disability of the 
soldier from time to time since discharge, and to specify rlie 
evidence on which such opinion is based.) 
CIRCUMSTANCES UNDER WHICH ORIGIN IN THE SERVICE 
OF CERTAIN DISEASES IS ESTABLISHED UPON THE 
RECORD. 
1. Diseases shown by the record to have existed at any PRACTICE OF THE PENSION BUREAU. 
23 
time during the service of the soldier, without reference to 
ruling No. 55, will first be considered. 
a. Chronic diarrhoea. 
b. Typhoid, malarial, and other fevers. 
c. Paralysis. 
d. Small-pox. 
e. Measles. 
f. Sunstroke. 
(j. Malarial poisoning; also 
Pneumonia and other acute diseases are generally accepted 
as shown to be due to the service by record evidence alone; 
that is, by a report of the Adjutant and Surgeon Generals, 
or a certificate of disability, nothing adverse to the claim 
appearing therein. 
2. In determining whether anything adverse appears of 
record it must be remembered that there is a limited time 
in which diseases develop after they have been contracted. 
It is a generally accepted medical fact that measles develops 
itself, or makes its appearance in the form of eruptions, in 
from ten to fourteen days after it has been contracted; small- 
pox in twelve days; typhoid, malarial, and other fevers 
develop in about three weeks after they are contracted. 
Pneumonia and many other acute diseases may be con- 
tracted in a very brief time, and one may be immediately 
stricken with paralysis or with a sunstroke. 
3. In deciding the question of origin of fevers reference 
should be had to the'season of the year and to the location 
of the country in which it is claimed the same was con- 
tracted. If there is a record of such diseases, or of measles 
and small-pox within a less period of time after the enlist- 
ment of the soldier than it is generally accepted that the 
same could have been contracted, the record will not be ac- 
cepted as showing that such diseases are due to the service, 
and claims therefor must, as a rule, be rejected. As the 
period in which these diseases will develop may vary, when 
cases are presented in which it is claimed that the said dis- 
eases developed in a shorter time than heretofore stated, but 24 
PRACTICE OF THE PENSION BUREAU. 
within a few days of that time, they should be submitted to 
the medical referee for his personal consideration and de- 
cision. 
4. In general, it cannot be said that chronic diarrhoea will 
devekq) so as to be pensionable within less than three 
months. If there is a record of said disease within that 
time after the soldier’s enlistment, the origin of the disease 
will not be accepted as due to service upon record evidence 
alone, and x>roof of prior soundness and origin should be re- 
quired. 
5. It must be remembered that it is not in any case the 
disease for which pension is granted, but for its effects— 
that is, the disability arising therefrom. A record of mea- 
sles, typhoid fever and other similar diseases, nothing ad 
verse to the claim appearing in the record does not give 
title to x>ension, the soldier having long since recovered, but 
he may be suffering from the effects thereof. If so, and he 
can prove a pensionable disability therefrom and continu- 
ance since discharge, the claim is established upon the rec- 
ord and by such proof, provided the medical examination 
supports his claim. 
6. Although the character of the disease may be such that 
it still exists, it is the disability therefrom that gives title 
to pension, and not the fact jflone of the mere existence of 
the disease. 
PATHOLOGICAL SEQUENCES OF DISEASES HERETOFORE 
CONSIDERED. 
1. In stating the pathological sequences of diseases which 
are accepted as being susceptible of proof it is not to be un- 
derstood, in all cases, that there is a direct affinity between 
the original disease and the result—that is, that the one 
necessarily follows the other, but that such result is suscep- 
tible of xiroof. For instance, hemorrhoids and fistula-in-ano 
are direct pathological sequences of chronic diarrhoea, viz, 
there is an affinity between the two; whereas consumption 
is a sequence of chronic diarrhoea, which is susceptible of 
X>roof; but it is not accepted that under any circumstances 25 
PRACTICE OF THE PENSION BUREAU. 
consumption is a necessary result following chronic diar- 
rhoea; though, by reason of a reduced or extremely ema- 
ciated physical condition, either from chronic diarrhoea or 
from any other debilitating cause, it may follow. 
2. For the purpose of this work no distinction Will be made 
between these two classes of pathological sequences, as in 
each case the same must be proven; for the reason that, 
while there may be generally a direct affinity between two 
diseases, one being a natural result of the bther, it may not 
be so in the case under consideration; therefore all sequences 
must be proven alike. 
3. A board of surgeons, upon a personal examination of 
a claimant, may find that he is disabled by reason of a se- 
quence from some specific disease. If the report of such 
examination states facts sufficient to enable the Medical 
Referee to pass upon the question of sequence involved, and 
should he accept such sequence, no rate for arrears therefor 
can be given without proof as to the date said sequence first 
appeared, and proof of the condition of the claimant as to 
the original disease at such time. 
4. The question of further proof of continuance must de- 
pend upon the character of the disease. Such medical ques- 
tions should always be brought to the personal attention of 
the Medical Referee before accepting a sequence in the 
absence of evidence. 
5. The following pathological sequences are accepted as 
susceptible of proof: 
a. Of chronic diarrhoea; hemorrhoids, fistula-in-ano, rheu- 
matism, disease of heart, general debility, and consumption. 
h. Of typhoid fever; diarrhoea, and derangement of the 
nervous system. 
c. Of malarial poisoning; enlarged spleen, and disease of 
stomach and liver. 
d. Of small-pox; disease of eyes. 
e. Of measles; disease of lungs. 
f. Of sunstrohe; paralysis, blindness, epilepsy, and disease 
of heart, aud 
g. Of pneumonia; disease of lungs. 26 
PRACTICE OF THE PENSION BUREAU. 
6. It should be stated that malarial poisoning is a condi- 
tion resulting from malarial fever, or a protracted attack of 
the same, or from repeated attacks of chills and fever. 
7. Where there is an accejded record showing chronic 
diarrhoea due to the service, and either of the said sequences 
are shown by competent and satisfactory evidence to have 
resulted therefrom, if a disability has resulted from such se- 
quence since discharge, a claim for chronic diarrhoea and re- 
sults is established on the record and by such proof, and 
the claimant is entitled to a rating according to the degree 
of disability shown to have resulted from such sequence. 
8. To prove such a sequence it is not to be presumed, be- 
cause such a disease may result from chronic diarrhoea, and 
the claimant is shown to have had that disease in the service, 
or either of the said sequential diseases mentioned since, 
that therefore the pathological sequence is established. If 
such a sequence exists, it is to be proven by the best obtain- 
able evidence, showing the actual facts as to the claimant’s 
condition from time to time subsequent to discharge. 
0. For instance, if it is claimed that} consumption is the re- 
sult of chronic diarrhoea, the condition of the claimant must 
be shown from time to time, and such a reduced and ema- 
ciated condition be made to appear as to make it reasonable 
to presume that the consumption shown to exist followed 
the chronic diarrhoea, and that no other sufficient cause for 
the consumption intervened. 
10. What has been said in regard to establishing a claim 
for chronic diarrhoea and results is applicable to the other 
diseases mentioned, and the sequences therefrom. 
11. Inasmuch as the character and amount of evidence 
required to prove pathological sequences and continuance 
in all disease cases is very similar, whether origin in the 
service is shown by the record or proven by other evidence, 
the proof required to show such sequences and continuance 
in all cases will be specifically considered under the heading 
“ Proof in claims for diseases not of record.” PRACTICE OF THE PENSION BUREAU. 
27 
THE ORIGIN IN THE SERVICE, OF DISEASES WHICH AP- 
PEARED WITHIN SIX MONTHS AFTER ENLISTMENT NOT 
ACCEPTED ON A RECORD. 
1. A record showing existence of any of the following 
named diseases within six months after the enlistment of 
the soldier is not accepted to prove origin in the service, 
viz: 
a. Rheumatism. 
b. Scurvy. 
c. Epilepsy. 
* d. Hemorrhoids. 
e. Fistula-in-ano. 
/. Varicose veins. 
g. Disease of Lungs, Liver, Bladder, Eyes, and Ears. 
h. Organic disease of Heart. 
2. While it is not considered that it will require six 
months to contract any of said diseases, it is not reasonable 
to suppose that such diseases will, as a rule, be contracted 
and develop to such an extent as to cause a pensionable 
disability within a less period of time. 
3. A record showing the existence of any of said diseases 
within the time mentioned is, of course, accepted as proving 
that the soldier had such disease in the service, but that 
it was due thereto must be established by parol evidence. 
In such cases origin in the service must be shown by com- 
petent evidence, which may be done either by proof of prior 
soundness or by direct proof of origin. In most cases prior 
soundness cannot be satisfactorily shown by other than 
medical testimony. This is especially true of obscure dis- 
eases. It is the usual practice in such cases to require 
proof of prior soundness and origin in the service, so either 
in one way or the other the claimant, if he has a just claim, 
can establish it. 
4. Rheumatism is a very common disease; but, like many 
others, it often appears as an original disability, and again 
as a sequence. A large number of soldiers had it to some 
extent, but in very many cases it never developed to a pen- 28 
PRACTICE OF THE PENSION BUREAU. 
sionable degree. While this is true of other diseases, it is 
especially so of rheumatism, and consequently claims there- 
for should be very carefully guarded. 
5. The following pathological sequences are accepted as 
susceptible of proof: 
a. Of rheumatism; disease of the heart, and changes iu 
the structure of the joints of the body. 
b. Of scurvy; loss of teeth, disease of the heart, and gen- 
eral debility. 
6. It has been stated that in all disease cases continuance 
must be shown, and pathological sequences proven as are4 
other facts. When it is not accepted on the record that a 
disease originated in the service, the character of proof to 
establish the same is similar to that required in disease cases 
not of record, and reference is had to the rules presented 
under the heading “Evidence in claims for diseases not of 
record;” the character of proof required in such cases, and 
that required to establish pathological sequences and contin- 
uance in all claims for diseases, is considered under that 
head. 
7. Where there is a record of a disease in the service, the 
same amount of evidence is not required to show origin as 
in cases not of record. In such cases it is a question of 
prior soundness, and must be established by proof of simi- 
lar character to that which is required in cases not of record, 
and must be proven by direct testimony, or evidence of ori- 
gin from some specific cause. 
DISEASES ESTABLISHED ON THE RECORD UNDER RULING- 
NO. 55. 
1. When it appears of record that a soldier has performed 
six months’continuous service immediately following enlist- 
ment, and such service was not interrupted by the incur- 
rence of any disability, prior soundness is then presumed 
under ruling No. 55. 
2. It therefore necessarily follows that origin in the serv- 
ice of any disease heretofore specifically considered is ac- 
cepted as established, if the record show incurrence after PRACTICE OF THE PENSION BUREAU. 
29 
six months of such service as described—nothing either of 
record or in any other way appearing adverse to such claim. 
Continuance must be shown by such evidence as is required 
by the nature and character of the disease under the rules 
hereinafter presented. 
3. The report of the Adjutant General may show that a 
soldier was present in the field for six months following en- 
listment, and it may not appear of record that the soldier 
had any hospital treatment, and that such service was not 
interrupted by any disability, yet the soldier may allege 
that he contracted the disease within the period named. 
Should such an allegation be made, origin in the service 
would not of course be accepted on the record. This may 
occur for the reason that in many cases soldiers were borne 
upon the rolls as being present for duty when in fact they 
were disabled in the service, and even in hospital at such 
time, as may be shown by the report of the Surgeon General. 
4. Where such a conflict as that stated exists between the 
report of the Adjutant General and that of the Surgeon 
General, the report of the Surgeon General is accepted as 
governing the case; for it is more probable that a soldier 
would be incorrectly reported present for duty, than that 
he would be incorrectly reported as receiving hospital 
treatment. 
5. It should not be accepted on the record that a disease 
originated in the service unless it appears that no further 
information concerning the origin of the alleged disabiliiy 
can be obtained by a call on the Surgeon or Adjutant 
Generals. 
CLASSIFICATION OF DISEASES, AND EVIDENCE IN CLAIMS 
FOE DISEASES NOT OF EECOED. 
1. The proof required in claims for diseases not of record 
will be considered without reference to ruling No. 55, said 
ruling applying to such claims in this only, that when it 
appears that a soldier has performed six months’ continuous 
service immediately following enlistment, uninterrupted 
by the incurrence of any disability, prior soundness is pre 30 
PRxiCTIGE OF THE PENSION BUREAU. 
sumed; but there being no record, there is nothing to show 
even existence of the alleged disease in the service, hence, 
when prior soundness is presumed, evidence of origin fre- 
quently, and of continuance always, is required. What is 
said herein will be without reference to said ruling, it being- 
understood that where that applies prior soundness is pre- 
sumed, andorig in may be established by showing condition 
at discharge. 
2. To establish a claim for disease in the absence of a rec- 
ord, it must, as in all other claims for pension, appear from 
a report of the Adjutant General that the claimant was in 
the military service of the United States. It must also be 
shown by parol evidence that the soldier was sound prior 
to enlistment; that the alleged disease was due to the serv- 
ice and has continued to exist since discharge, or that a 
pathological sequence has resulted therefrom by reason of 
which the claimant is disabled, and the claim must be sup- 
ported by the report of a medical examination. 
3. In all classes of claims not established by record, where 
officers or comrades furnish testimony, a call should be made 
on the War Department to verify the presence or absence of 
such witness, covering the period named in their testimony. 
4. In considering the character and amount of evidence 
required to establish claims for diseases not of record, for 
convenience, the diseases will be classified into u obscure''’ 
and “ not obscure.v 
Obscure diseases. 
a. Typhoid, malarial, and other fevers. 
b. Malarial poisoning. 
c. Rheumatism. 
d. Disease of liver, heart, and bladder. 
e. Hemorrhoids. 
/. Fistula-in ano. 
g. Sun&troke. 
h. Epilepsy. 
i. Pneumonia and other similar diseases are classified as 
obscure. PRACTICE OF THE PENSION BUREAU. 
31 
Diseases not obscure. 
a. Diseases of the eye and ear. 
b. Small-pox. 
c. Measles. 
(1. Chronic diarrhoea. 
e. Paralysis. 
/. Scrofula. 
(j. Scurvy and other similar diseases are classified as not 
obscure. 
5. The distinction made in the classification is, that ob- 
scure diseases are such as can, generally, be distinguished 
only by a physician; whereas diseases not obscure may be 
distinguished by persons not physicians. While only med- 
ical experts can give a diagnosis of diseases of the eye and 
ear, yet, if any person is suffering from any form of disease 
of the eye, or from defective hearing, any one associated 
with such person is a competent witness to the fact of the 
existence of some form of disease of the eye or ear. So it 
is with other diseases not obscure; at some stages of the 
disease the character .of the same can be detected by med- 
ical experts only; but after such diseases have fully devel- 
oped any one may be able to distinguish the disease; there- 
fore a distinction is made between the character of evidence 
required to distinguish between diseases obscure and not 
obscure. 
6. A witness may give such a description of a soldier 
when diseased as to clearly indicate the character of the 
disease, however obscure it may be, and such evidence, 
though not medical, must be accepted. Any one may wit- 
ness a sunstroke and become a competent witness of the 
fact, but none save a physician can distinguish the primary 
cause, by examination of a person who has suffered there- 
from. So any person may be able to describe some symp- 
toms of epilepsy, but the ordinary witness not a physician 
cannot distinguish it from minor diseases of a similar char- 
acter which are not pensionable; but any one who can de- 
scribe the symptoms is a competent witness to show repeated 32 
attacks thereof, and thus aid in proving a claim for the 
same. 
7. The classification of diseases into obscure and not 
obscure is made upon the medical knowledge of the average 
witness, therefore, like many other statements, it is general 
in its terms. Witnesses differ in their ability to distinguish 
diseases. The general rule in regard to the competency of 
evidence in such cases may be varied, as has been stated, 
if a witness shows himself competent. Otherwise the rule 
should be observed. 
PRACTICE OF THE PENSION BUREAU. 
PROOF OF ORIGIN IN CLAIMS FOR OBSCURE DISEASES NOT 
OF RECORD. 
1. To prove prior soundness in claims for obscure diseases, 
one witness, if he is the family physician of the claimant, 
and testifies to his personal knowledge of the claimant’s 
condition, is sufficient, but the credibility of such physician 
must be shown. If the claimant makes it appear upon 
oath that such medical evidence cannot be obtained, then 
in lieu thereof the evidence of two neighbors, their credi- 
bility being shown, who have personal knowledge of the 
claimant’s condition, provided there is medical evidence 
that the alleged disease originated in the service, or existed 
at discharge, will be accepted to show prior soundness. 
Almost every claimant can furnish some testimony show- 
ing prior soundness. Where the point is sought to be 
established by neighbors,* special care should be taken to 
require them to state specifically their means of knowledge. 
Affidavits by a physician or neighbors are wholly worthless 
if expressed in general terms. 
2. To show origin in the service medical evidence must 
generally be produced; but there is no established rule 
on the subject, the circumstances surrounding these cases 
rendering it impracticable to adopt one. Medical evi- 
dence of prior soundness, origin, or condition at dis- 
charge is essential to the allowance of a claim for disease. 
(See paragraph 1. under “Evidence Medical,” page 168 of 
Digest.) The testimony of the surgeon who treated the PRACTICE OF THE PENSION BUREAU. 
33 
claimant for the alleged disease is sufficient to show origin; 
but if that cannot be had, and there is medical evidence of 
prior soundness and condition at discharge, or if the latter 
is proven by lay evidence showing medical treatment, then 
that of an officer or two comrades will be accepted to show 
origin; provided they give such a specific description of the 
symptoms of the disease as to show themselves competent 
witnesses. If the witnesses are officers or comrades their 
credibility should be ascertained, and correspondence should 
be had directly with them concerning their personal knowl- 
edge of the facts to which they testify; provided the affida- 
vits are not in their own handwriting. In such cases, as in 
all others, it is not sufficient to show that medical evidence 
cannot be had and to produce that of comrades, for before 
such evidence can be received it must be shown that the 
testimony of officers cannot be had. 
PROOF OF CONTINUANCE IN CLAIMS FOR OBSCURE DIS- 
EASES NOT OF RECORD. 
1. After origin in the service has been established, the 
question of continuance is one of great importance. Special 
care should be taken to ascertain the true condition of the 
claimant, as the evidence on that point, taken in connection 
with the report of a medical examination, governs the ques- 
tion of rate. It having been a number of years since pen- 
sionable disabilities were contracted in the war of the Re- 
bellion they must, of necessity, in a majority of cases have 
varied in degree during so long a period. Hence, not only 
the fact of continuance must be shown, but also the degree 
of disability from time to time during the whole period 
since discharge, for it is not reasonable to presume that the 
claimant has been disabled to a pensionable degree during 
the entire time since discharge, and had no medical treat- 
ment during such period. In many cases the claimant is 
unable to produce the testimony of the physician who treated 
him by reason of his death, or inability to obtain his post- 
office address, or from some other cause. But continuance 
can be shown in all just and lawful claims either by medi- 34 
PRACTICE OF THE PENSION BUREAU. 
cal evidence or by lay testimony that medical treatment 
was had for the alleged disease. The amount of evidence 
necessary to show continuance must depend largely upon 
the facts and surroundings of each particular case. 
2. Where origin in the service is established by medical 
evidence and the alleged disease is shown by the report 
of the medical examination, less evidence is required to show 
continuance than in cases where medical evidence at dis- 
charge is partly relied upon to establish such origin, but it 
should be none the less specific. 
3. Affidavits executed either by neighbors or physicians 
merely showing generally the continuance of the disease, 
without giving thef claimant’s condition from time to time 
specifically, so that the degree of the disability can be 
ascertained therefrom, are wholly worthless for the purpose 
of rating. 
4. As origin in the service on the testimony of one wit- 
ness should not be accepted unsupported by evidence of 
prior soundness and condition at discharge; so, also, con- 
tinuance should never be accepted on the evidence of one 
witness—the number of years covered since discharge being 
too great and the question of rate one of too much import- 
ance both to the claimant and the Government. 
5. It may be properly stated that, in general, the testi- 
mony of one physician is sufficient to show continuance 
during the period covered by such evidence; but if only 
one physician has treated the claimant during the entire 
period of time, in addition to his testimony, that of two 
neighbors, testifying to treatment for the alleged disease 
as a fact, will be required to show continuance. 
C. In cases where there is medical evidence of origin in 
the service and it is made to appear that medical evidence 
to prove continuance cannot be had, the evidence of two 
neighbors, showing that the claimant was treated for the 
alleged disease as a fact, and giving a specific history of 
the claimant’s condition from time to time since discharge, 
describing his symptoms as well as it is possible for witnesses, PRACTICE OF THE PENSION BUREAU. 
35 
not physicians, to do, will be accepted as sufficient to estab - 
lish the point, provided the alleged disability is shown by 
the report of a medical examination. 
7. If the affidavits of such neighbors are not in their own 
Handwriting, correspondence should be had directly with 
them concerning their personal knowledge of the facts to 
which they testify. 
8. As has been heretofore stated under another heading, 
pathological sequences from diseases must be proven as are 
other facts, and not presumed; so, in claims where it appears 
that the claimant has, technically speaking, recovered from 
the original disease but is disabled by reason of its result, 
the same must be established by competent and satisfactory 
evidence. 
9. It is more important that medical evidence should be 
produced to establish a pathological sequence than almost 
any other fact necessary to be proven in the adjudication of 
claims for pensions. 
10. To establish a sequential disease it must be shown 
when it first appeared; that it did not exist before the orig- 
inal disease was contracted; and that it did appear as such 
sequence within a proper time; the condition of the claimant 
with reference to the original disease at the time such 
sequential disease first appeared must also be shown; 
whether any apparent cause therefor intervened other than 
the original disease; and whether the claimant is disabled 
to a pensionable degree by reason of such a result. 
11. The testimony of one physician, who should be re- 
quired to give the facts, not his opinions, is sufficient to 
establish a pathological sequence; but the continuance of 
the disability must be shown by such evidence as the nature 
and character of the disease requires, under the rules here- 
tofore presented. 
12. Pathological sequences may be shown, in the absence 
of the best evidence, by such secondary testimony as is re- 
quired to establish obscure diseases, whether the sequence 
claimed is from such a disease or one that is not obscure. 36 
PRACTICE OF THE PENSION BUREAU. 
PROOF IN CLAIMS FOR DISEASES NOT OBSCURE AND NOT 
OF RECORD. 
1. There is 'no difference in the amount of proof required 
to establish claims for diseases “obscure” and “ not obscure/ 
but there is in the character of the evidence as to the com- 
petency of the witnesses. 
2. In claims for diseases not obscure, the best evidence 
must always be called for, but if it cannot be obtained, 
secondary evidence will be considered and accepted, if sat- 
isfactory. 
3. To prove prior soundness, the same evidence is re- 
quired in claims tor obscure diseases as in those not 
obscure. 
4. In such claims the witness, though not a physician, 
may state in general terms the facts in the ease, so far as 
origin in the service is concerned,—that is, that the claim- 
ant was afflicted with the alleged disease, giving its proper 
name if possible; if not, the symptoms he noticed, and the 
facts connected with its incurrence. 
5. The evidence necessary to establish origin in the serv- 
ice is the testimony of the regimental surgeon; but if such 
evidence cannot be obtained, that of a commissioned officer, 
or in lieu thereof that of two comrades, will be considered 
sufficient to show origin in the service. Correspondence 
must .be had with the witnesses, if comrades, concerning 
their personal knowledge of the facts to which they testify, 
and their credibility should be ascertained from some relia- 
ble source. 
6. As a rule, the same evidence of continuance is required 
in claims for diseases not obscure as in those which are obscure, 
excepting that a distinction is made as to the competency of 
the witnesses, as has been heretofore stated; but in both 
classes of cases evidence of continuance must be equally 
specific as to the degree of disability. 
7. Excepting the qualifications stated, what has been said 
upon the subject of continuance in claims for obscure dis 
cases will apply herein, modified by the following observa- PRACTICE OF THE PENSION BUREAU. 
37 
tious: In a case where there is no satisfactory medical evi- 
dence of prior soundness or origin in the service, nor any 
legal presumption of the same, to prove continuance, there 
must, in general, be medical evidence covering a number 
of years, beginning at discharge or within a reasonable time 
thereafter. On a proper showing, however, in lieu of such 
evidence, the testimony of two neighbors whose credibility is 
ascertained, and who state as a fact that the claimant was 
treated for the alleged disease within a reasonable time 
after discharge, will be considered, and accepted if satisfac- 
tory, provided there is medical evidence of treatment there- 
after, beginning at a reasonable time after that shown by 
neighbors. 
8. No claim for a disease not obscure should be allowed 
without some medical evidence being produced in the case; 
that is, either of prior soundness, origin, or condition at dis- 
charge; but even if prior soundness is so proved, the evi- 
dence of continuance should show medical treatment as a 
fact. There is no established rule in regard to requiring 
medical evidence. (See paragraph 1, under title of “Evi- 
dence Medical,” page 168 of Digest.) 
9. There is no distinction made as to the evidence required 
to show pathological sequences in claims for diseases obscure 
and not obscure. 
INVALID CLAIMS OF PRISONERS OF WAR FOR DISEASES. 
1. Tlie same character of evidence is required to establish 
claims for diseases where the claimants have been prisoners 
of war as in other similar cases; but less evidence is neces- 
sary where the first paragraph of Order No. 74, which is as 
follows, applies: 
1st. When it appears that the soldier was sound at the date of his capture 
in line of duty, and that he was disabled as alleged at the date of his release 
from rebel prison, his disability may be presumed to Ijave originated in 
the service and in the line of duty, provided said disease was incident to 
the service or to such imprisonment. (See supplement to Digest, under title 
of Orders.) 
2. What has heretofore been said concerning the proof 38 
PRACTICE OF THE PENSION BUREAU. 
required in claims for all classes of diseases must be modi- 
fied in cases governed by said order, and the proof should 
conform to its provisions. 
3. The etfect of this order is to waive direct proof of 
origin in the service and accept the disease as due thereto, 
bn proof of soundness at the date of capture in line of duty, 
of condition at the time of release from prison, and of con- 
tinuance since discharge; provided the alleged disease is of 
the character which is accepted as being incident to the. 
service or to prison life. 
4. Chronic diarrhoea, disease of the heart, sunstroke, con- 
sumption, scurvy, and paralysis are among the diseases held 
to be incident to the service or prison life. 
o. Prior soundness, condition at the time of release from 
prison and continuance since discharge, should be shown 
by the same character and amount of evidence as is required 
in other disease cases of the same class. 
0. Order Xo. 74 applies to claims for diseases only, though 
the same principle is applied in claims for injuries and 
wounds received by soldiers while prisoners of war, unless 
the character of the disabilities is such as to raise a doubt 
as to their origin being due to the service. 
INJURIES WHICH ARE NOT ESTABLISHED WHEN THE 
RECORD SHOWS EXISTENCE WITHIN SIX MONTHS AFTER 
ENLISTMENT. 
1. In common usage the words “wound’7 and “injury” 
are often used synonymously, but in the administration of 
the pension laws a wound is a disability received by a sol- 
dier from any weapon of war, whether accidental or other- 
wise; an injury is a disability received by means of over- 
exertion, by any hurt or violence which is not the result of 
a wound or disease. 
2. Hernia, varicocele, and varicose veins, when not the 
result of disease, are classed among injuries, as such disa- 
bilities may result either from injury or disease. There are 
a great many other injuries arising from over-exertion, or 
by the soldier being accidentally hurt. Injuries are not 39 
accepted as established upon the record if it shows exist- 
ence within six ninths after enlistment, for the reason that 
they may have existed before enlistment, or may or may 
not have been received in line of duty. 
3. There is no class of claims for pension which should be 
more carefully guarded than those for injuries. In such 
claims proof of line of duty should be required, and, in some 
cases, of prior soundness. 
4. Prior soundness and line of duty may be proven in 
claims for injuries by either medical or lay evidence, but 
before the latter can be received it must first be made to 
appear that medical testimony cannot be obtained; for the 
reason that injuries are a class of disabilities that may be 
seen and distinguished by any one whether he is a physician 
or not; but, if possible, medical evidence should be produced 
in all such cases, because it is more satisfactory, being based 
on necessary personal inspection, and physicians are thus 
better qualified to state the degree of the disability. (See 
paragraph 23, page 171 of Digest.) 
PRACTICE OF THE PENSION BUREAU. 
PROOF IN CLAIMS FOR HERNIA AND VARICOCELE WHEN 
NOT ESTABLISHED ON THE RECORD. 
1. Iii claims for hernia and varicocele proof of prior 
soundness should be required, though as a rule it is not of 
much weight unless the witnesses have such peculiar rela- 
tion to the claimant as would enable them to be thoroughly 
informed as to his physical condition. 
2. The usual affidavit of prior soundness, in general 
terms, is worthless in claims for such injuries. Personal 
knowledge of the facts testified to is necessary to make a 
witness competent in almost every case, but particularly so 
in the class of claims mentioned, as they are for obscure 
disabilities. 
3. To show origin of hernia or varicocele it is not enough 
for a witness to testify that he heard the claimant complain 
of having received ascertain injury. Awhile such testimony 
should be considered and given its proper weight, better 
and more specific corroborative testimony must be produced 40 
PRACTICE OF THE PENSION BUREAU. 
to establish a claim therefor. The disabilities under consid- 
eration are often caused by long laborious inarches and over- 
exertion, and as they may appear gradually, claimants can- 
not always state the specific time when such injuries oc- 
curred. 
4. To establish such claims, when they thus appear, spe- 
cific proof of prior soundness and the testimony of the 
regimental surgeon and another commissioned officer should 
be required; or, in lieu thereof, that of two comrades who 
saw the alleged injury about the time it first appeared. 
5. When a specific injury has caused such disabilities it 
is a fact more easily proven, and in either case, where an 
injury was received, the soldier as a rule has received some 
medical treatment and can show that fact either directly or 
indirectly. 
6. The amount of proof required in this class of cases is, 
in general, two witnesses as to prior soundness, and two as 
to origin. Generally, proof of continuance is not required : 
but if it is needed to fix the rate in a specific case, the testi- 
mony of two witnesses will, as a rule, establish the point. 
7. In each case and upon each point, as in all other cases, 
the best evidence should be required, or secondary when 
the proper foundation is laid for receiving the same. 
8. Where neighbors and comrades testify, correspondence 
should be had directly with them concerning their means 
of knowledge, and their credibility should always be ascer- 
tained. 
PROOF IN CLAIMS FOR INJURIES NOT ESTABLISHED ON THE 
RECORD OTHER THAN HERNIA AND VARICOCELE. 
1. The difference between proof required in claims for her- 
nia and varicocele and that required in claims for other inju- 
ries is not very great. Proof of prior soundness, as has been 
stated, is required in all claims for hernia and varicocele 
where a record shows existence within six months after en- 
listment. Whether in claims for other injuries such proof 
is required depends upon the character of the disability. 
In claims for varicose veins it is necessary, but it is not re- 
quired in claims for fractures. PRACTICE OF THE PENSION BUREAU. 
41 
2. Hernia and varicocele are obscure disabilities; conse- 
quently the proof should be if possible more specific, as it 
is more important that medical evidence be produced in 
claims therefor than in those for other injuries; as a rule, 
the same character of proof should be produced to show line 
of duty as in other cases, though often not so much is re- 
quired ; but in stating the general rule as to the amount nec- 
essary, no change should be made in Chat given at the close 
of the preceding title. 
INJURIES OF RECORD GOVERNED BY RULING NO. 55. 
3. The principle of ruling Xo. 55 applies to'injuries, but 
some are of such a character as to make it possible for the 
soldier to remain in the service, perform duty for six months, 
and still not have been sound at enlistment; that is, the re- 
port of the Adjutant General may show the soldier so in- 
jured present for duty during that period; therefore, when 
the record does not show the existence of the injury until 
after six months subsequent to enlistment, such claims 
should not be allowed until a report which may show hos- 
pital treatment during the six months immediately following 
enlistment has been first obtained from the Surgeon Gen- 
eral. Of courfee where it appears from any reliable source 
that such injury existed within six months after enlistment 
the claim should not be allowed upon record. 
2. Where a reasonable doubt arises in any such claims, 
proof of prior soundness and origin in the service should be 
required; but in all claims for injuries, line of duty must be * 
shown. The character and amount of evidence required 
has been considered under the preceding title. 
3. In cases where, from the nature of the injury, the disa- 
bility is unchangeable, no evidence of continuance is neces- 
sary; if otherwise, such evidence must be produced. In 
cases where the disability may be progressive, condition at 
discharge and since must be shown, to aid in connection 
with the medical examination in fixing the rate. 42 
PRACTICE OF THE PENSION BUREAU. 
AVOUNDS AND INJURIES NOT OF RECORD. 
1. A large number of eases not supported by the record 
are presented for allowance. They are not to be considered 
with suspicion, but should be very carefully guarded, chiefly 
for the reason that, while this class of injuries may have been 
received, they are not likely to be of a very serious character. 
2. If such wounds or injuries had very badly disabled the 
soldier, he would probably have received some medical treat- 
ment and a record of the same would have been made. But 
owing to the fact that in many cases hospital records were 
very defective, and that it is not always possible to obtain 
even them, therefore it is not just to raise the presumption 
against the soldier in a case without record. 
3. In these cases, if the medical examination shows a very 
serious wound or injury, to obtain favorable action the best, 
or at least satisfactory, evidence should be produced; other- 
wise, unless a good reason appears why no record can be 
had, the claim should either be rejected or specially exam- 
ined. Claimants in such cases should be required to show 
good and sufficient reasons why the best evidence cannot 
be obtained, and it should appear that due diligence has 
been observed in endeavoring to procure the same. The 
proof should show prior soundness, line of duty, and condi- 
tion at discharge, and be supported by a report of a medical 
examination showing a wound or injury of the character 
claimed. 
4. As to the character of evidence required in claims for 
wounds and injuries, medical evidence, though the best, is 
not always indispensable. (See paragraph 17 under title of 
u Evidence, sufficiency of,” page 170 of Digest.) 
5. The amount of proof required depends largely upon 
the character of the wound or injury, and the nature of the 
claimant’s statement in regard to the incurrence of the disa- 
bility. In general, the testimony of the family physician, 
if his credibility is vouched for, and it is shown that he has 
personal knowledge of the claimant’s condition, is sufficient 
to*show prior soundness; or, on a proper showing of ina- PRACTICE OF THE PENSION BUREAU. 
43 
bility to produce such evidence, the testimony of two neigh- 
bors, their credibility being certified, who had means of per- 
sonally knowing claimant’s condition, will be accepted to 
show prior soundness. 
6. Prior soundness being established, to show that such 
wound or injury was due to the service, the testimony of the 
regimental surgeon or that of one other commissioned officer 
will establish the claim; or two comrades, their credibility 
being vouched for, will be accepted in lieu of the best evi- 
dence, provided such officer or comrades, in reply to private 
inquiry made direct from this office, state that they had per- 
sonal knowledge of the incurrence of such wound or in jury. 
7. Origin in service ha ving been clearly established, if the 
alleged disability is of such a character that it would remain 
in the same condition, no proof of continuance is necessary, 
provided it be found on a medical examination and the re- 
port thereof is consistent with the proof. 
8. In a case where the best evidence of origin in the serv- 
ice is not produced, condition at discharge, which can be 
established by soldiers who were wounded or injured in the 
service, should be shown. Such evidence is of importance 
to claimants to assist the office in fixing a rate, and is also 
a protection to the Government. 
9. In claims for wounds or injuries where Ruling No. 55 
applies, as in all other cases, prior soundness must be pre- 
sumed, and, there being no record, line of duty, as well as 
condition at discharge and continuance, must be shown. 
BRIEFING CLAIMS FOR INVALID PENSIONS. 
1. It is necessary that all cases be fully and carefully 
briefed in accordance with existing orders. Reviewers are 
required to read the evidence in cases submitted for decision, 
and not to rely upon the brief alone; special care should 
be observed in preparing the face of the same. 
a. It should show the character of the claim, name, post- 
office address, and service of claimant. 
b. Date of enlistment, muster, and discharge. 
c. Facts as to prior and subsequent service. 44 
d. Date of filing declaration, and if more than one has 
been filed that fact should appear, with date of filing the same. 
e. There should also be given a short and concise state- 
ment of the basis of the claim. 
/. The disability for which pension should be granted in 
the opinion of the examiner. 
g. The date of commencement of pension should be stated. 
2. The following formula will show the proper entry to 
be made in regard to attorneys and their fees, in accord- 
ance with the facts in the case. If the attorney is recog- 
nized, his name and post-office address should be inserted; 
if the fee is to be paid on contract, insert the words “ Fee, 
dollars5 contract” (naming amount); if the fee is to 
be paid by the agent without contract, insert “Fee, $10; 
agent to pay;” if the fee is not to be paid by the agent, 
insert “ Fee, $10; agent not to pay;” if the attorney is not to 
be recognized, insert “ not recognized.” It should also be 
shown whether the case is submitted for admission or 
rejection; the date of submission should appear, and the 
brief be signed by the examiner. 
3. It is so important that cases be properly briefed for 
the convenience and assistance of reviewers, and for offi- 
cers and others who may have occasion to examine them, 
that the requirements of Order Ho. 62 and other orders are 
herein paragraphed, that it may be more convenient for the 
examiner to strictly comply therewith, and that there may 
be more uniformity in the briefing of cases. A brief should 
embody the following facts: 
a. The essential points, character and weight of all evi- 
dence. 
b. The mention by name and post-office address of all 
witnesses, whatever may be the character of their evidence 
or statements. 
c. The date of filing the evidence, whether record or 
parol, and the reports of the Adjutant General as to the 
presence or absence of affiants. 
d. All such dates to be noted in red ink immediately fol- 
lowing the name of the person testifying or certifying. 
PRACTICE OF THE PENSION BUREAU. PRACTICE OF THE PENSION BUREAU. 
45 
e. Reference to all papers to be examined by the reviewers. 
f. All irrelevant papers inclosed in a separate jacket. 
g. The record to be attached to the brief immediately fol- 
lowing its face. 
h. When a report of a special examination accompanies a 
case, reference thereto, with the date of tiling, shonld appear 
on the brief. 
i. In all cases submitted for decision on a report; of a special 
examination a new half-face should be attached to the brief. 
j. The examiner’s summary sheet, referring to the evi- 
dence on which his opinion of the rate to be given is based, 
with reports of medical examinations, should be attached to 
the brief—the latter to be the cover thereto, and the former 
to immediately precede such report. 
k. In all cases it must be stated whether the case is sub- 
mitted for admission or rejection, and the examiner may give 
his reasons therefor on a separate slip. 
4. It requires the exercise of sound judgment to properly 
brief a case so that the facts presented for consideration, 
and the character thereof, and the weight to be given 
thereto, can be ascertained therefrom by any one who has 
not read the evidence. This can be more easily done by an 
examiner who is careful to bear in mind that he is in charge 
at the same time of both the interest of the claimant and the 
Government, and does not look upon every case with sus- 
picion, regarding himself as the agent of the Government to 
protect it alone, or, on the other hand, consider himself the 
special agent of the claimant, striving if possible to make 
out a claim. A brief is not a mere synopsis of the evidence; 
only the essential points are to be mentioned. In stating 
the essential points of the evidence the language of the 
affiants should be employed as far as possible, and all con- 
clusions of the examiner should be omitted. 
5. Great care should be observed in giving the charac- 
ter and weight of evidence. The character of the evidence 
includes the relation which the witnesses sustain to the 
claimant in all respects; whether commissioned officers com- 46 
PRACTICE OF THE PENSION BUREAU. 
rades, neighbors, &c.; whether the evidence is in the form 
of an affidavit, statement, or letter; and whether in the hand- 
writing of witnesses, and any other facts that may classify 
or define its nature and character. To give the weight of 
evidence includes the stating of every fact that is made to 
appear which will strengthen or militate against it. The 
character of the evidence partially governs its weight; there- 
fore, to some extent, when its character is stated its weight 
is largely presented; but there are other facts which do not 
constitute its character, and which determine its weight. 
For instance, if the witnesses were commissioned officers or 
comrades, whether they were present or not at the time 
stated by their affidavits, or whether, if present, they had 
personal knowledge of the facts testified to by them, and all 
others facts going to show the credibility of the witnesses. 
6. As has been said, conclusions should be omitted in 
briefing cases. For instance, it is not proper in briefing an 
affidavit as to prior soundness to state that (giving name 
of witness) “testifies to prior soundness.” The affiant may 
have stated in his affidavit that the claimant was sound 
prior to enlistment, but it may not appear that he had means 
of knowing whether claimant was sound or not, or that he 
possessed such knowledge. 
7. If such affidavit is in form, it should be briefed thus: 
(giving name and post-office address) “ testifies to 
prior soundness, and knew claimant personally before enlist- 
ment for years, and claims personal knowledge of the 
facts stated.” 
8. If such affidavit is not in form, objection thereto 
should be stated, that its weight may thus be made to 
appear. Affidavits on all points should be so fully briefed 
that it may appear from the brief whether the affidavit is in 
form in all respects, and whether the evidence may be 
accepted for what it appears to be worth on its face. 
9. That it may not be too voluminous, the brief should 
not contain a single statement that is not clearly necessary 
to cover the points mentioned, and care should be taken to 
state every fact in short and concise language. PRACTICE OF THE PENSION BUREAU. 
47 
LEGAL EE VIEW OF INVAtLD CLAIMS. 
1. Order Ho. 50, as has been stated heretofore, at page 282 
of the Digest defines the duties of legal as well as medical 
reviewers. The legal review involves a critical examination 
of all the evidence produced in a case, both legal and medi- 
cal, together with final action upon the points involved. 
It is the duty of the legal reviewers to see that every point 
in the case is covered by competent and sufficient evidence, 
as they act for the Commissioner who is responsible for the 
allowance of claims. 
2. The evidence presented in the case should be accepted 
for what it purports to be upon its face by the legal 
reviewer, who should give it the weight to which it is 
entitled under the rules of the office; provided it is not 
patent that, for any reason, the evidence is not entitled to 
credit. For instance, if any affidavit appears to be forged, 
or if, from his experience in the office or from any other 
source, it be within the personal knowledge of a reviewer 
that a certain witness is not in good standing, or if for any 
other reason the evidence is not sufficient to support a 
given claim, it should be returned to the proper adjudica- 
ting division with a specific requirement. The legal 
reviewer is the sole judge of the weight and sufficiency of 
evidence to establish a claim. 
3. The action of the legal precedes that of the medical 
reviewer, and the action of the latter is based upon that of 
the former. The medical reviewer has no jurisdiction in a 
case until the same has been acted upon by the legal re- 
viewer, unless it be referred to the medical reviewer through 
the Medical Referee for an opinion upon a specific point 
stated. The duties of the legal and medical reviewer are 
often very closely connected, but the dividing line may be 
clearly defined and should be closely observed, that the 
proper reviewer may be held responsible for the final action 
in every case, and that the responsibility may not rest 
somewhere between the respective reviewers and therefore 
upon neither. 48 
PRACTICE OF THE PENSION BUREAU. 
4. Every case should be approved for a specific disability, 
and that disability should be the wound, injury, or disease 
which the soldier had in the service, and the result if any 
therefrom. As the basis of every claim is a disability that 
was contracted in the service, no claim should be legally 
approved for a result of such disability only, but for the 
original disability and the results, if any. If such results 
existed in the service the legal reviewer should approve for 
the same by name; if not, then the approval should be for 
original disability “and results;” leaving a specific descrip- 
tion of the latter to the medical reviewer. The approval of 
a claim by the legal reviewer includes continuance as well 
as the origin of the disability. 
5. Before any claim is legally established, continuance 
must be shown as a fact. The degree of the disability is a 
question for the medical reviewer; therefore in no case 
should “results” be added to an approval unless continu- 
ance of the original disability or of a pathological sequence 
is shown. Technically speaking, the medical reviewer is 
the judge of pathological sequences, but as the legal re- 
viewer’s approval includes continuance as a fact, in a case 
where more than one result is claimed from the disability 
approved, and if the legal reviewer does not approve for con- 
tinuance as a fact for all the sequences as alleged, it should 
be indicated which result is approved in his indorsement 
on the brief—that is, approval may be made on the condi- 
tion that the medical reviewer finds it to be a pathological 
sequence; or an abstract medical question in regard to the 
sequence may be submitted to the Medical Referee in ad- 
vance of the legal approval. 
6. There is a class of claims where the questions involved, 
which may be termed mixed questions, are both legal and 
medical. In these, abstract medical questions should be 
referred to the Medical Referee so as to enable the legal re- 
viewer, in the light of the medical opinion thus obtained, to 
decide the mixed questions involved. To this class of claims 
also belong those wherein it is claimed that the soldier is in- 49 
capacitated to perforin manual labor, or is totally helpless, 
and therefore entitled to a given rate of pension. In such a 
case it is not always proper for the legal reviewer to ap- 
prove it, leaving the whole question of the rate to the med- 
ical reviewer, for the reason that the extent of the disa- 
bility is often simply a question of fact and no purely med- 
ical question is involved; therefore the legal approval 
should be for the alleged disability at a given rate. 
7. Again, to determine such cases as mentioned, an 
opinion of the Medical Referee may be a necessary condition 
precedent, which should therefore always be had. The 
soldier may be afflicted with such a disability that the med- 
ical reviewer only will be able to determine whether the 
claimant is unable to perform manual labor, or whether 
total helplessness will necessarily follow, and the opinion 
of the Medical Referee should be had in advance of the legal 
approval. 
8. This technical distinction should be applied to every 
case where it is applicable; for though technical it is abso- 
lutely that it should be observed to fix the proper 
responsibility for the final action in every case. 
9. When a case is legally approved, that continuance is 
shown as a fact is to be accepted by the medical reviewer, 
and in some cases that claimant is disabled as alleged; 
therefore, when the rate in any given case is one of fact 
only, the approval as a necessary result carries the rate, and 
unless the claimant is entitled to such rate the claim should 
not be approved. Hence there is no other practicable way 
to properly adjudicate claims than that heretofore, set forth. 
PRACTICE OF THE PENSION BUREAU. 
MEDICAL REVIEW OF CLAIMS FOR INVALID PENSIONS AND 
MEDICAL EXAMINATIONS. 
1. In discussing tlie subject of legal review of claims 
much has been incidentally said concerning the duties of 
the medical reviewer, for the duties of the respective re- 
viewers are often very closely connected. Reference there- 
fore should be had to comments under title of u Legal re- 
view of claims for invalid pensions.” 50 
PRACTICE OF THE PENSION BUREAU. 
2. It is the sole duty of a medical reviewer, under direc- 
tion of the Medical Referee, to fix the measure of damages 
to which the claimant is entitled by reason of the disability 
covered by the legal approval; that is, to fix the basis of 
the rate of pension, which includes all questions concern- 
ing pathological sequences arising in the course of the legal 
approval. The office of the medical reviewer is really that 
of a medical expert, whose province it is to determine tech- 
nical medical questions; therefore such reviewer has no 
jurisdiction of any question of fact arising in any case ex- 
cept such as are strictly connected with the duties herein 
defined. 
3. The medical evidence in a case should be read in full 
by the reviewer, and no case should be adjudicated upon an 
examination of the brief alone. Each question in every 
case is important to the end that it be properly decided; 
but the question of fixing the basis of rate is the all-im- 
portant one, for the length of time since the pensionable 
disabilities were contracted renders it exceedingly difficult 
to make a just and equitable rate covering the entire period. 
The evidence to be considered by the medical reviewer is 
that of continuance, and reports of medical examinations 
and the record in the case. 
4. Before a case should be rated satisfactory evidence of 
continuance should be produced, in accordance with the cir- 
cular of the Hon. Commissioner under date of July 25,1882, 
so that it may be graded from time to time in accordance 
with the law and the facts. In most disease cases, and in 
many others, it is not reasonable to presume that claimants 
have been entitled to the same rate as at the present time 
during the number of years since the disability was con- 
tracted ; of course to what extent the rate should vary must 
be largely governed by the character of the disability. 
5. Order No. 80 is one to which special attention is in- 
vited. While reports of medical examinations are not infal- 
lible—for experience has shown that such reports often do 
claimants great injustice—they are far more reliable than 
the usual evidence of continuance. PRACTICE OF THE PENSION BUREAU. 
51 
6. The legal reviewer only requires such evidence as es- 
tablishes continuance as a fact, but it may not be sufficiently 
specific to enable the medical reviewer to fix the degree of 
disability, if any existed. The usual evidence which shows 
continuance as a fact, and even shows a pensionable disabil- 
ity, is not sufficient to overcome an adverse report of a 
medical examination under Order 80, which states that the 
medical reviewer is not authorized, under any circumstances, 
to continue a pension over such adverse report. 
7. Before a claim is rejected, or the rate continued beyond 
the date of the report of a medical examination showing no 
disability, the claimant should be twice examined, and by 
different boards, to justify the continuance of the pension 
over such adverse reports. As a rule medical evidence of 
continuance, very specific in its character, should be pro- 
duced; and whether the evidence under such circumstances 
is sufficient to show continuance of the disability is the 
province of the Hon. Commissioner or a Deputy to decide. 
8. A report of a medical examination may describe a pen- 
sionable disability and yet state that the claimant is not 
disabled, and fix po rate. In such cases, if the evidence of 
continuance is specific and the description in said report 
raises a purely medical question, the Medical Referee, upon 
a personal examination of the case, may rate the claim to 
continue in the future. 
9. Cases where the claimant has been twice examined by 
different boards and both reports show no disability, and 
where the pension, if dropped, should cease at the date of 
the first, they should be personally reviewed by the Medical 
Referee; and, as a rule, before fixing the basis of the rate 
should be referred for special examination. 
10. It has been the practice under Order No. 75, in cases 
mentioned therein, to require the examining surgeon to re- 
port upon the disability claimed, and any other physical 
signs of wounds, as instructed. This report is now required 
in all cases by law, under statute enacted by the 47th Con- 
gress on the 25th day of July, 1882. 52 
PRACTICE OF THE PENSION BUREAU. 
11. Eeports of medical examinations in all cases should 
be required to conform to the law and- the requirements of 
the office based thereon. So much depends upon these ex- 
aminations that too much importance cannot be attached to 
them, and the reports should be required to be full, com- 
plete, and specific. 
12. It would seem unnecessary to state that reports of 
medical examinations made up of claimants’ statements are 
wholly worthless, were it not for the fact that so large a 
number are filed in the office which contain but little else, 
and are without any finding of the surgeon or the board 
making the report other than that u if the claimant’s state- 
ments are true he is entitled to a pension,” or something of 
a similar character. 
13. When reports of that kind are filed, they should be 
immediately returned for correction as unsatisfactory, and 
the surgeon or the board making the same should be paid 
no fee until a proper one is filed in the office. A report to 
be in form should contain the statements of the claimant in 
full, and then the finding of the surgeon or the board, and 
no case should be rated in the absence of such a finding. 
INCREASE OF INVALID PENSIONS. 
Under order of the Hon. Commissioner, No. 86, claims 
for increase will not be adjudicated until six months shall 
have elapsed after the allowance of the original claim; 
though, vthen declarations are filed therefor, the claimants 
should as soon as practicable be ordered for examination, 
for the reason that the increase must commence at the date 
of the medical examination made pending such claim, ex- 
cept in cases of permanent and specific disabilities. (See 
Section 4698J, Kevised Statutes. Digest, page 36.) 
DECLARATIONS FOR INCREASE OF INVALID PENSIONS. 
1. A declaration for increase of invalid pension may be 
executed before any officer authorized to administer oaths 
for general purposes. It must show his official signature, PRACTICE OF THE PENSION BUREAU. 
53 
and the same must be certified by the seal of a court of rec- 
ord; and the execution of the declaration should be wit- 
nessed by two competent persons. 
2. In addition to this the following points must be covered 
by allegation: 
a. Age, residence, post-office address. 
b. That he is a pensioner of the United States; the agency 
where enrolled, and the rate. 
c. Disability for which pensioned, and service where the 
same was incurred. 
d. Present physical condition. 
3. No call for evidence is made in these claims unless 
some good reason therefor is made to appear. They are 
submitted for review on a report of the medical examination 
made pending the claim for increase, and the declaration. 
BRIEFING CLAIMS FOR INCREASE OF INVALID PENSIONS. 
1. A brief in a claim for increase consists in a new face 
attached to the brief of the original invalid claim. Such 
face should be marked “Increase,” and contain the facts that 
were given on the face of the invalid brief when first sub- 
mitted for review, together with a full history of all prior pro- 
ceedings in the case. 
2. The face of a brief should never be removed in cases of 
any character, and especially is this true in increase claims; 
no matter how often increase has been had, the old face of the 
brief should remain. A full history of the case, as occasion 
may require, can be thus easily obtained and presented on 
the new face, and the correctness of the same can be readily 
ascertained. 
3. In all cases in which arrears of pension have been al- 
lowed the arrears brief should be attached and made a part 
of the increase brief. 
LEGAL REVIEW OF CLAIMS FOR INCREASE OF INVALID 
PENSIONS. 
1. In reviewing claims for increase of invalid pensions 
where no evidence has been filed, if the proceedings in the 54 
PRACTICE OF THE PENSION BUREAU. 
invalid claim are correct, including any increase that may 
have been had in the case, the only point for the considera- 
tion of the legal reviewer is, whether the brief contains a 
full and correct history of the former proceedings in the 
case and is in all respects correctly briefed. It appearing 
that all former proceedings were correct and the increase 
claim properly briefed, the reviewer should repeat the ap- 
proval in the invalid claim. 
2. It is not considered the duty of the reviewer, when ex- 
amining a claim for increase, to re-review the invalid claim 
and former proceedings in the case, inasmuch as such claims 
and proceedings were considered at the time former actions 
were taken. In such cases it is only necessary for him to 
examine the brief, from which he can obtain sufficient 
knowledge of the former proceedings. Under the practice 
of the office, where title to a pension has been granted, such 
action cannot be reconsidered upon the same facts pre- 
sented when the claim was originally allowed. (See para- 
graphs No. 23 and 48, under title of 11 Reconsideration,” of 
the supplement to the Digest.) 
3. If it be patent, from the face of the brief, that the 
former action in the case was not in accordance with the 
practice of the office at the time the claim was adjudicated, 
the reviewer should carefully review the evidence in the 
case; and if a good and sufficient reason appear therefor, 
should refer the claim for a special examination. If the 
evidence thus produced shows the former action incorrect, 
then it may be reconsidered and corrected; or, if it appear 
that the claimant is not entitled to a pension, his name 
should be dropped from the roll. 
4. On a review of an increase claim it is improper to take 
exception to former proceedings simply because, in the judg- 
ment of the reviewer, the weight of evidence was not suffi- 
cient to justify former action. A judgment formed upon 
the weight of evidence, and acted upon by one duly author- 
ized, is binding upon the office, unless new and material 
evidence is presented showing such action to be incorrect, PRACTICE OF THE PENSION BUREAU. 
55 
or it is made to appear that fraud was practiced, or it is 
patent that an error was committed; that is, when upon a 
re-review it is so manifest that the former action was im- 
proper that the correctness thereof is not a question of con- 
troversy, or in regard to which there would have been no 
difference of judgment, special attention having been in- 
vited to the particular facts considered. 
5. Sufficient has been said to indicate the points of differ- 
ence between a legal review of original invalid claims and 
those for increase. 
MEDICAL REVIEW OF CLAIMS FOR INCREASE OF PENSIONS. 
1. The sole question to he determined in the medical re- 
view of a claim for increase of invalid pension is, whether 
the disability for which the pension was granted has in- 
creased to such a degree as to entitle the claimant to a 
higher rate than he is now receiving; provided the med- 
ical action in the allowance of the original claim, and also 
in all proceedings for increase that may have been had, was 
correct. 
2. What has been said in considering legal review of 
claims for increase in regard to the reconsideration of the 
prior proceedings applies to the medical review and need 
not be repeated, reference being had thereto. Special at- 
tention is, however, invited to the definition of a patent or 
manifest error. Single and narrow as the question for the 
medical reviewer appears when stated, it is of very great 
importance, being, at least for the time being, a final action 
by which, as a rule, the office is bound; therefore such 
action should be carefully and judiciously considered in all 
cases. 
3. The majority of pensioners apply for an increase of 
rate, but it reasonable to presume that the office 
makes erroneous adjudications in such a number of claims. 
On reconsideration, in the light of another medical exam- 
ination, a large majority of these applications are rejected, 
and doubtless should be. 56 
PRACTICE OF THE PENSION BUREAU. 
4. No distinction is made concerning the judgment of 
different boards of surgeons, it being presumed that they 
are all entitled to the same credit. Therefore, unless the 
last medical examination of the claimant describes a greater 
disability than first shown by preceding reports, no increase 
in rate should in any case be granted. If an increase is 
allowed, it should appear from such last report that the 
description given was one obtained by physical examina- 
tion and not from claimant’s statements; and the rate 
should be increased either by reason of an increase of 
disability, or on account of the report giving a fuller and 
more complete description thereof, it being thus made to 
appear why a more just and equitable rate should be given. 
5. That no increase of rate should be allowed by reason 
of any difference of judgment on the part of the board of 
surgeons is very apparent when it is remembered the re- 
sults that follow. To illustrate: A given rate is fixed in an 
original claim, the claimant applies for an increase, and an- 
other medical examination is had. The board of surgeons 
report in favor of the increase, which is granted on the judg- 
ment of such board. This point being gained, the claimant 
applies for a re-rating for the period since discharge, or for 
a number of years, claiming that the disability has been the 
same; the office having conceded the pensioner to be enti- 
tled to a given rate at a certain time, and there having been 
no change in the degree of disability during the period 
claimed, in a certain class of cases a re-rating must be al- 
lowed. Thus he may, step by step, obtain a greater rate 
than that to which he is entitled under the rules of the office. 
Hence, no claim for increase should be allowed unless it is 
clearly made to appear that the disability has increased, or 
that tbe rate previously given is not adequate. 
6. Where there is reasonable doubt concerning an increase, 
evidence should be required showing the pensioner’s condi- 
tion since the adjudication of the claim. It is proper to 
require such evidence in very many cases to remove doubt, 
and thus more clearly define the rate which should be given. PRACTICE OF THE PENSION BUREAU. 
57 
Under the practice of the office, when the rate is fixed on 
the report of a board it cannot be increased on the certifi- 
cate of a single surgeon. 
7. While the report of a board outweighs that of a single 
surgeon, in a case where the report of the board is subse- 
quent to that of a single surgeon and the rate is higher, 
the action to be taken should depend upon the description 
of the disability and not upon the judgment of the board. 
THE RATING OF APPROVED CLAIMS—ORIGINAL, INVALID, 
AND INCREASE. 
1. When original invalid claims and those for increase of 
pensions have been legally and medically approved, the rate 
must be given, on the basis fixed by the medical reviewers, 
in figures on the face of the brief. 
2. The raters do not sign the brief, and place no action 
thereon other than stated. Therefore, technically speak- 
ing, a rater is responsible for no othe'r action ; but, it being 
the last action taken before the certificate is issued, it is the 
established practice of the Office for the raters to cause any 
manifest errors that have been committed, either legal or 
medical, in the approval of claims, to be corrected through 
the Chief of the Board of Review. 
3. Special care should be observed to rate no claim where 
it is patent that the basis thereof fixed by the medical re- 
viewer is not sustained by the evidence of continuance as 
shown by the brief, together with the report of a medical 
examination, or where an error has been committed in regard 
to dates. Great accuracy is required in rating claims. If < 
it is apparent that the basis of the rate fixed by the medical 
reviewer is, for any reason, not correct, the claim should be 
referred, through the Chief of the Board of Review, to the 
Medical Referee for his personal action, or to the Chief of said 
Board for his personal consideration, with a view to a refer- 
ence of the case to the Hon. Commissioner for his decision. 
4. When a claim is rated, it is charged and transmitted to 
the division of Certificates and Accounts for the issuance of 
a certificate of the claimant’s right to pension. 58 
PRACTICE OF THE PENSION BUREAU. 
5. Rejected cases are stamped “ Rejected,” under direction 
of the raters. All claims that have been acted upon by the 
Board of Review, such as for reduction of rate, or dropping, 
or for settlement of accrued pension, are referred by the 
raters to the proper division for the action required, under 
the signature of the Chief of said Board of Review. 
CLAIMS FOR RESTORATION OF INVALID PENSIONERS. 
1. Bestoration of a pension is, where the pensioner has 
failed, for any reason, to draw his pension for three years 
after it had become due, and his name, on that account or 
any other, except re-enlistment in the military or naval serv- 
ice of the United States, has been dropped from the rolls. 
2. Where a pensioner’s name has been dropped from the 
rolls by reason of any objection to the merits of the claim, 
no declaration for restoration is necessary; but where his 
name is dropped by reason of failure to claim his pension, a 
declaration is necessary, executed as in original claims. In 
addition to the allegations required in such claims the claim- 
ant must state the reason why he failed to claim his pension, 
and that the disability for which he was pensioned still 
exists. 
3. The proof required in such cases is fixed by statute. 
(See section 4719, Kevised Statutes, page 43 of Digest, and 
the decision of the Hon. Secretary of the Interior, cited in 
paragraph 12, under title of “ Bestoration,” page 213 of the 
same.) 
4. The evidence required is, satisfactory testimony ac- 
counting for the failure to claim pension, and medical evi- 
dence as to continuance of the disability for which pension 
was granted; and, as it must depend largely upon the char- 
acter of the reason given, and all the surroundings of the 
case, no general rule can be laid down. 
5. As has been said, the statute requires medical evidence 
of continuance of the disability. In cases where the disabil- 
ity is a wound or injury of such a character as will be likely 
to remain the same, a report of the medical examination is PRACTICE OF THE PENSION BUREAU. 
59 
accepted as sufficient to show continuance as well as condi- 
tion at the time such report was filed. Where an invalid was 
pensioned for a disease or for a progressive disability, and 
during the period that such pensioner was not on the rolls 
he had medical treatment but cannot produce the evidence 
of the physician who rendered it, lay evidence of the fact of 
such treatment is accepted in lieu of the testimony of the 
physician, as being equivalent thereto and coming within 
the rule requiring medical evidence, provided the claim is 
supported by the report of a medical examination. 
6. The amount of evidence required to show continuance 
is the same as in original claims. In reviewing those for 
restoration the same scrutiny is required as in original ones; 
and if for any reason it is found that the claim was im- 
properly allowed in the first instance, a further requirement 
should be made, or the claim specially examined or rejected, 
as the evidence in the case may indicate. (See paragraph 
3, under title of “Restoration,” page 212 of the Digest.) 
7. The office having the right to reject claims for restora- 
tion by reason of the original claims being improperly 
allowed, it must necessarily follow that the original action 
can be modified in accordance with the facts; therefore a 
claim may be restored at a less rate for future pension than 
that for which it was originally allowed. This point has been 
specifically decided in claims for renewal, and the same 
principle will apply in claims for restoration. The pensioner 
would be entitled to the same rate for the accrued pension 
as that granted in original allowance. (See paragraph 5, 
under title of ‘‘Restoration,” page 212 of the Digest.) 
1. A renewal of pension is where the pensioner’s name is 
dropped from the rolls by reason of re-enlistment in the 
military or naval service of the United States, and a claim 
is presented to be restored to the rolls. 
2, In claims for renewal a declaration executed as in 
original claims is required 5 and, in addition to the allega- 
tions in such claims, subsequent service should be set forth 
CLAIMS FOR RENEWAL OF PENSIONS. 60 
PRACTICE OF THE PENSION BUREAU. 
and the continuance of the disability alleged. A call should 
then be made upon the War Department for a report of the 
subsequent service, that a proper reduction can be made 
for the same. A call should also be made upon the Surgeon 
General to ascertain whether the claimant was treated in 
hospital during such subsequent service, whether such treat- 
ment is alleged or not, as it may be of benefit to the claimant 
as well as to the Government. 
3. There are not many claims for renewal of pension; for 
those who were justly pensioned are as a rule so disabled 
as to render them unfit for subsequent military or naval 
service. A report from the Surgeon General may show 
continuance of original disability, and this will be the best 
evidence thereof, or such report may show no treatment for 
the disability claimed, which may be of such a character as 
to make it improbable that the claimant could perform such 
subsequent service while so disabled. 
4. There is no statute or decision requiring medical evi- 
dence in claims for renewal. The same evidence of contin- 
uance is required as in original claims, but no such claim 
§hould be allowed over an adverse report of a medical 
examination. A claim for renewal may be allowed at a 
less rate for future pension than that for which it was orig- 
inally granted, (see paragraph 3, under title of “Renewal,” 
page 212 of the Digest), but the claimant will be entitled to 
the original rate for the accrued pension. 
RE-RATINGr OF CLAIMS FOR INVALID PENSIONS. 
1. Ruling Xo. 67 in regard to the subject of re-rating is 
as follows: 
Hereafter no re-rating of pension will be made in any case, except as here- 
inafter provided: 
1st. Cases of gunshot wound or injury, involving the loss of some part or 
member of the body, and causing a disability necessarily and absolutely per- 
manent in degree, may be re-rated, provided the rating thereof was too low. 
2d. Cases of disease in which the rating was a manifest error, as shown 
by the evidence in the case at date of the adjudication, provided the complaint 
or appeal shall have been filed within twelve months after such rating. PRACTICE OF THE PENSION BUREAU. 
61 
2. During recent years the laws governing the rating 
of pensions passed by Congress have been more liberal 
than formerly. Under instructions, the rates fixed by the 
Pension Office for disabilities not specified by law have 
been increased from time to time; therefore claimants 
whose oases were adjudicated some years ago were not 
granted as high rates as if they had been adjudicated at 
the present time. Every case must be adjudicated in accord- 
ance with the law in force at the time of such adjudication. 
(See paragraph 3, under title of “Laws, Construction of,” 
page 183 of the Digest.) 
3. A claim that has been adjudicated, and the rate granted 
in accordance with the law in force at the time, should 
not be re-rated or increased simply because a greater rate 
is granted now for the same disability, unless such increase 
is authorized by subsequent legislation; hence, in re-rating 
a case, no greater rate covering past years can be allowed 
during that period than was authorized by the law in force 
at that time, except such as has been stated. Great caution 
should be exercised in re-rating claims. 
4. As has been said by the Hon. Secretary of the Interior 
concerning the reconsideration of former action of the office: 
It is an established rule of the Department not to disturb an adjudication of 
a claim by a former administration, except upon the most conclusive evidence 
that an error has been committed. (See paragraph 59 of the supplement to 
the Digest.) 
This principle applies to all classes of claims. 
5. To entitle a pensioner to a re-rating for a wound or 
injury the disability must be “absolutely permanent in 
degree,” and it must appear that the rate granted was not 
adequate, and was lower than that to which the claimant 
was entitled at the time the case was adjudicated, as appears 
from the evidence then on file. 
6. The questions which arise in such cases are: What 
was the pensioner’s condition at the time when the pension 
was granted as shown by the facts then presented; and, 
has the disability progressed since that time in a material 62 
PRACTICE OF THE PENSION BUREAU. 
degree1? If so, a re-rating cannot be bad. If the disability 
has not been progressive, and it was permanent, was the 
pensioner granted as high a rate as the evidence on file at 
the time pension was granted justified ? If he has, re-rating 
must be denied. (See paragraph 4, under title of “ Rating, 
Readjustment of,” page 204 of the Digest.) 
7. As has been stated in considering another subject, no 
former action of the office, where the question must be de- 
cided upon a mere opinion of the weight of evidence, 
should be reconsidered on a review of the same evidence. 
(See paragraph 23, under title of “Reconsideration,” supple- 
ment to the Digest, and paragraph 59, heretofore stated.) 
8. The real purpose of reconsidering the rate in any case 
is to correct a patent error, which has heretofore been de- 
fined to mean an error which becomes so manifest on a re- 
examination of the same evidence that the incorrectness of 
the former action, when special attention is invited to a 
specific point, is not a subject of controversy. 
9. Ho other such error should be corrected. 
10. A judgment formed upon the weight of evidence at a 
given time is entitled to the same consideration as the judg- 
ment formed upon the same evidence at a subsequent time. 
11. Greater difficulty is experienced in determining the 
question of re-rating in a case where the disability is a dis- 
ease than where it is a wound or injury. Most diseases 
are progressive, consequently claims therefor should not, as 
a rule, be re-rated. Ho claim for disease can be re-rated 
under the order cited unless the application is made, or the 
case appealed, within one year after adjudication. 
12. The first question to be decided in such a claim is, 
whether there was a patent or manifest error. This point, 
as in other cases for re-rating, is to be determined by the 
evidence on file at the time of the original adjudication. 
If it appears that such error was committed, then the in- 
quiry is concerning the condition of the claimant since the 
pension was granted to the present time, in order to deter- 
mine whether the disability has varied in degree, and wheth- PRACTICE OF THE PENSION BUREAU. 
63 
er the rate covering the period for which the pension was 
granted, as well as for the future, can be safely, justly, and 
intelligently increased. 
13. A re-rating is authorized where the proof shows that 
the pension allowed for that portion of the period since the 
date of discharge was not proportionate to the degree of 
disability then existing. (See paragraph 2, under title of 
“Rating, Readjustment of,” page 204 of the Digest.) 
14. No class of claims require more careful and judicious 
consideration than these; therefore the basis of the rate to 
be given in a case when re-rated should not be fixed by the 
medical reviewer without inviting the personal attention 
of the medical referee to the same, and the rater should 
cause it to be approved by the Chief of the Board of Review. 
15. To determine the weight of evidence exhausts the 
best judgment, and when a conclusion has been obtained, 
such action should not be over-ruled unless the way is clearly 
discoverable without the aid of any other light than that 
reflected from the original status of the claim. 
ADVERSE RECORDS. 
1. Certificates of disability which are received as evidence 
adverse to an invalid claim for pension may be divided into 
three classes: 
a. Those that are positively adverse, and in which suffi- 
cient reason therefor is fully given, signed by the captain 
of the soldier’s company and his regimental surgeon. 
b. Those that are positive in their character, but no rea- 
son therefor is given therein, and signed as aforesaid. 
c. Those that are adverse, as the first and second classes, 
and in which a reason may or may not be given, and signed 
by a surgeon of a general hospital. 
2. An adverse record of the first class cannot be overcome 
by parol evidence. The Hon. Secretary of the Interior has 
uniformly held that the rejection of an invalid claim upon 
such adverse record is proper. (See paragraph 10, under 
title of “Record, Adverse,” page 207, and paragraph 14, 
under same title, page 208 of Digest.) 64 
PRACTICE OF THE PENSION BUREAU. 
These certificates were issued by officers wlio were pre. 
sumed to know the facts stated therein, for the reason that 
it was their duty to do so, and to make a record thereof, or 
cause it to be done, at the time. 
3. To make a record positive in its character, so as to sup- 
port the rejection of a claim, the facts upon which such cer- 
tificate is based must be stated therein. For instance, a sol- 
dier may be discharged for a wound, injury, or disease, and 
the records state u not received in line of duty.” This is not 
conclusive against the soldier, unless the facts be given, so 
that the question may be determined by the office. 
4. The facts stated in such certificates are conclusive, but 
not the legal conclusions based thereon. If it be stated 
that the disability originated prior to enlistment, it may be 
conclusive, or owing to the character of the disability it 
may not. If such a description be given as to make it clear 
that the disability could not have been contracted since the 
soldier’s enlistment, the record is conclusive against him. 
But if the facts are not stated, and the adverse record 
based upon a medical opinion whether the record is con- 
clusive or not, it is a question for the personal considera- 
tion and decision of the Medical Beferee. If such a record 
showing existence of disability prior to enlistment be held 
by the Medical Beferee as not conclusive, the record can 
only be controverted by medical evidence; that is, the fact 
of prior soundness or origin in the service can only be 
established by such evidence. (See paragraphs 2 and 7, 
under title of “Becords, Adverse,” page 206 of Digest.) 
5. Adverse records of the second class may be contro- 
verted by parol evidence, for the reason that the facts upon 
which the certificate is based are not given. As heretofore 
stated in the consideration of adverse records of the first 
class, the office is bound by the facts stated in these certifi- 
cates, and not by the legal conclusions given in the certifi- 
cates, where the facts upon which the same are based are not 
given; therefore, in the absence of the facts, parol evidence 
becomes competent to controvert the record. But when PRACTICE OF THE PENSION BUREAU. 
65 
such evidence is accepted, special care should be taken to 
/obtain the very best obtainable. The character of the evi- 
dence required must depend upon the nature of the disa- 
bility. As a rule, medical evidence should be produced be- 
fore a claim is allowed over such an adverse record or the 
f facts obtained by a special examination of the case. 
N 6. Adverse records of the third class may also be over- 
come by parol evidence, for the reason that they were given 
by officers who were not in a situation to have personal 
knowledge of the facts which may or not be contained in 
the certificates, but upon which the medical opinion stated 
therein was based. (See paragraph 7, under title of 
/‘Records, Adverse,” page 206 of Digest.) Where there is 
an adverse record of this class, special care should be taken 
to ascertain all the facts before such a claim is allowed over 
, the record, for, though signed by the surgeon of a general 
hospital, it may contain such facts as to make it strongly 
adverse. 
ADVERSE RECORDS ON CLAIMANTS’ STATEMENTS. 
1. Where a certificate of disability of any class contains 
statements of a claimant against his interest, in the absence 
of the most conclusive proof showing the falsity thereof, 
the same should be accepted as true. In such cases the 
same weight should be given to adverse records of the 
third class as of the first and second classes; for the 
reason that the officers signing the certificates of that class 
had the same means of information as those signing the 
records of the other classes had to obtain tbe statements 
of claimants concerning their disabilities. 
2. Where a certificate of disability contains a statement 
made by the claimant that the disability for which he was 
discharged existed prior to enlistment, or for any reason 
was not due to the service, a claim for such disability 
should be rejected upon the record without making a call 
upon the claimant for proof. (See paragraph 3, page 206, 
and paragraph 12, under title of “Records, Adverse,” page 
207 of Digest.) 66 
3. The claimant may, however, if he so desire, show that 
his own statements were false, and upon such showing his 
statement of record should not prejudice his claim. (See 
paragraph 1, under same title, page 206 of Digest.) But 
such a.record should not be held to be controverted except 
upon the most satisfactory evidence of commissioned offi- 
cers, or medical evidence, according to the character of the 
disability, or after the facts have been obtained by a special 
examination of the case. 
4. Again, where a certificate of disability of any charac- 
ter shows claimant discharged for a specific disability and 
pension is claimed for one of a different character, such cer- 
tificate is presumed to be adverse by reason of claimant’s 
allegations; because it is reasonable to presume that if he 
was disabled, as alleged at the time of his discharge, record 
of such disability would have been made. Special caution 
should be observed in the consideration of such claims. 
While a claim for pension for disability not mentioned in 
such a certificate may be established by parol evidence, 
they should not be admitted except upon the best obtaina- 
ble evidence and the most satisfactory proof. (See para- 
graph 6, under title of “Records, Adverse,” page 206, and 
paragraph 48, under title of “Evidence, Sufficiency of,” 
page 175 of Digest.) 
PRACTICE OF THE PENSION BUREAU. 
ADVERSE ADJUTANT GENERAL’S REPORTS. 
1. As lias been stated, the Adjutant General is the ex- 
clusive judge of the enlistment, service, and discharge of a 
soldier. To obtain a pension the claimant must have been 
discharged from the service in which he contracted the dis- 
ability for which pension was granted, otherwise no date 
for the commencement of such pension can be obtained. 
(See paragraph 5, under title of “Enlistment, Discharge,” 
supplement to Digest.) 
2. Where the report of the Adjutant General shows the 
claimant to be a deserter from the service in which he con- 
tracted the disability for which pension is claimed, said PRACTICE OF THE PENSION BUREAU. 
67 
pension cannot be granted unless it appear from the report 
that the soldier was discharged. A dishonorable discharge 
is no bar to pension. (See paragraph 5, under title of 
“Discharge,” page 160 of Digest.) 
3. Where a claimant incurs a disability in one service, 
re-enlists in and deserts from a subsequent one, the deser- 
tion is no bar to pension for a disability contracted in 
the first. (See paragraph 10, under title of “Desertion,” 
page 156 of Digest.) Desertion from a prior service to that 
wherein the disability for which pension is claimed was incur- 
red is no bar to pension if the soldier was discharged from 
the subsequent service (see paragraph 11, under same title, 
page 156, Digest); provided such subsequent service is not 
canceled by the Adjutant General and for that reason the 
report of such service does not appear in the case. 
4. Again, the report of the Adjutant General may be pre- 
sumed to be adverse by reason of the claimant’s allegations; 
for instance, if the report shows the claimant, at the time 
the disability is alleged to have been contracted, absent 
on furlough or not present for duty for any reason, no pen- 
sion can be granted unless the discrepancy be explained 
and corrected. Claimants and witnesses may make mis- 
takes in dates after the lapse of so many years since the 
war, and proper allowance will be made therefor, and if 
honestly made they should not prejudice a claim. If it 
clearly appear that the disability was incurred in the serv- 
ice, an opportunity should be given the claimant to correct 
discrepancies as to dates if a mistake has been made and 
cause the allegations to conform to the record; but the 
greatest caution should be observed in permitting claimants 
to change their allegations. 
5. Again, where the report of the Adjutant General shows 
the soldier present for duty on the rolls at the time he claims 
he was disabled, such record is presumed to be adverse; 
but may be controverted by parol evidence, for the reason 
that a claimant may be greatly disabled and still reported 
present for duty, and as a fact never received hospital 68 
PRACTICE OF THE PENSION BUREAU. 
treatment; but, as in all other cases, before such claims are 
allowed the best obtainable evidence should be required and 
the proof should be satisfactory. (See paragraph 30, under 
title of “Evidence, Sufficiency of,” page 172 of Digest.) 
ADVERSE SURGEON GENERAL’S REPORTS. 
1. In most cases the adverse reports of the Surgeon Gen- 
eral are corroborative of the adverse reports of the Adjutant 
General, or are presumed to be so by reason of claimant’s 
allegations. 
2. Where a soldier alleges that he contracted a certain 
disability at a given time and place and the report of the 
Adjutant General shows the claimant absent and sick in 
hospital at the time alleged, but the report of the Surgeon 
General shows hospital treatment at such time for a different 
disability, the presumption is that the claimant is in error, 
and unless a satisfactory explanation can be given and 
upon a proper showing the discrepancies corrected, such 
claims should be rejected. 
3. Again, a soldier may allege that he received hospital 
treatment at a certain time for a particular disability, and 
the report of the Surgeon General show that the claimant 
received treatment at the time alleged for a different dis- 
ability than that claimed. In such cases allowance should 
be made for the fact that an incorrect diagnosis may have 
been made of the claimant’s disability when he was received 
in hospital. As experience, however, has demonstrated 
that such records are in most cases correct, no claim should 
be allowed over such a one without medical evidence, 
according to the character of the disability, or satisfactory 
evidence of commissioned officers sustaining the claimant’s 
allegations, or after the facts in the case have been obtained 
by a special examination. 
CLAIMS OP WIDOWS POR PENSIONS — ORIGINAL AND 
ACCRUED. 
1. The basis of a. widow’s title to pension is an invalid 
right. That is, the soldier through whom the right to pen- PRACTICE OF THE PENSION BUREAU. 
69 
sion is claimed must have contracted a disability in the 
military service of the United States, and under such cir- 
cumstances as would have entitled him to a pension, and 
died by reason of said disability either in the service or 
since discharged. 
2. When a soldier’s right to a pension has been estab- 
lished, to give title to his widow it must appear 1st, that he 
died on a certain date of a wound, injury, or disease con- 
tracted in the service$ 2d, that the claimant was his lawful 
wife when he died. 
A declaration of a widow for original pension should 
be executed in accordance with section 4714 of the Eevised 
Statutes, and the execution attested by two identifying 
witnesses. The facts concerning the following points must 
be covered by allegation. 
a. Widow of the soldier. 
b. Marriage with the soldier, and maiden name of the 
widow, and whether any legal bar existed to said marriage. 
c. Name of soldier, rank, service, cause of death, and 
the date thereof. * 
d. Names, and dates of birth of legitimate surviving 
children of the soldier, under sixteen years of age at his 
death, either by the claimant or by a former marriage. 
e. Custody of the children. 
/. Whether she in any manner engaged in, aided, or 
abetted the rebellion against the United States. 
g. Eemarriage. 
DECLARATION OF A WIDOW FOR ORIGINAL PENSION. 
PROOF IN CLAIMS OF WIDOWS FOR ORIGINAL PENSIONS. 
1. When a soldier has died or dies in the military service 
of the United States, to give title to the widow of such 
soldier it must be proven that he contracted the pension- 
able disability in such service, and that he died by reason 
thereof. These points will generally be proven by the 
record, if the soldier died in the service. The question 70 
PRACTICE OF THE PENSION BUREAU. 
whether the record shall be accepted as sufficient proof that 
the soldier contracted the disability of which he died in the 
service is determined by the rules which govern invalid 
claims. 
2. In addition to the record such parole evidence may be 
required as the character of the disability and the sur- 
roundings of the case would make necessary in establishing 
an invalid claim for the same cause. As a rule, the imme- 
diate cause of death is accepted on the record; but if there 
be no military or public record of it, the cause must be 
shown by parol evidence, which should be the testimony 
of the physician or surgeon who treated the soldier during 
his last sickness and at the time of death. 
3. In the irremediable absence of such evidence the testi- 
mony of two credible witnesses will be considered and gen- 
erally accepted, provided the witnesses show themselves 
competent to testify to the death-cause and their testimony 
is in all other respects satisfactory. 
4. If a soldier, not a pensioner, has died since discharge, 
whether he filed an application for pension or not, the widow 
must first establish his right by the evidence required to 
prove an invalid claim, the date of his death, and that it 
occurred by reason of the pensionable disability. 
5. In such cases the death-cause should be proven by 
a public record, or medical evidence if it is possible to 
obtain the same, the testimony of one physician being gen- 
erally sufficient to establish the point. If such testimony 
cannot be produced, the evidence of two credible witnesses 
who show themselves competent by their testimony will be 
considered and generally accepted. 
0. To establish a widow’s title in her own right, the basis 
of her claim otherwise having been made to appear, the 
first point required to be proven is, as stated, that the 
claimant was legally married to the soldier on account of 
whose service and death she claims pension. • 
7. Section 2 of the act passed by Congress August 7, 
1882, amending section 4702 of the Revised Statutes, pro- 71 
vides that: “Marriages, except such as are mentioned in 
. section 4705 of the Bevised Statutes, shall be proven in 
pension cases to be legal marriages, according to the law of 
■" the place where the parties resided at the time of marriage 
or at the time when the right to pension accrued.” 
PRACTICE OF THE PENSION BUREAU. 
PROOF OF MARRIAGE. 
A marriage may be proven by the following testimony, 
and its weight is according to the order given: 
a. By a verified copy of a church or public record. 
1). By the affidavit of the clergyman or officer who per- 
formed the marriage ceremony. 
c. By the testimony of two or more eye-witnesses of the 
ceremony. 
d. By a verified copy of the church record of the baptism 
of the children. 
e. Or, in a case where better cannot be had, a marriage 
may be presumed upon the testimony of two or more wit- 
nesses who know that the parties lived together as husband 
and wife for a number of years, acknowledged each other as 
such, and were so received by reputable persons in the 
community in which they resided; that is, such evidence— 
when better testimony cannot be had—will be accepted as 
evidence of the fact that a ceremony was performed. 
LEGAL BAR TO MARRIAGE. 
1 1. The widow is required to state in her declaration that 
there existed no legal bar to her marriage with the soldier. 
USTo proof is required upon this point other than such allega- 
tion, unless, of course, a doubt is raised by the facts devel- 
oped in the case. 
2. Special provision is made concerning proof of marriage 
of colored and Indian soldiers by section 4705 of the Eevised 
Statutes (page 37 of the Digest), under which marriage is 
proven by showing that the parties “were joined in mar- 
riage by some ceremony deemed by them obligatory, or 
habitually recognized each other as husband and wife, and 72 
were so recognized by their neighbors, and lived together 
as such up to the date of enlistment, when such soldier or 
sailor died in the service, or if otherwise to date of death.” 
3. A strict construction here would exclude the soldier’s 
children by a former wife, but the Secretary of the Interior 
has decided that the soldier’s children by a former wife shall 
be considered legitimate and pensioned, if the soldier and 
their mother were faithful to each other up to the date of 
her death. 
PRACTICE OF THE PENSION BUREAU. 
DEATH OF SOLDIER. 
The second point to be proven to give title to a widow 
is as stated, that the soldier died of the wound, injury, or 
disease contracted in the service, and the date of death. 
The proof necessary to establish this point has been given 
in considering the evidence necessary to show the basis of 
a widow’s title. 
LAWFUL WIDOW. 
1. The third point required to be proven to complete a 
widow’s title to pension is that the claimant is the lawful 
widow of such soldier. The claimant is required in her 
declaration for pension to aver that she is the widow of the 
soldier through whom she claims title to pension, and that 
she lias not remarried, which declaration must be attested 
by two identifying witnesses. If such declaration bas been 
filed within a reasonable length of time prior to the adjudi- 
cation, no further evidence is required of continued widow- 
hood ; but if such declaration has been filed for a number 
of years, the testimony of at least one witness should be 
required who has personal knowledge of the fact that the 
claimant is still the lawful widow of the soldier through 
whom she claims title to pension, and that she has not re- 
married. 
2. The amount of evidence necessary to prove such point, 
as in all other cases, must largely depend upon the facts 
developed in the case. PRACTICE OF THE PENSION BUREAU. 
73 
REMARRIAGE OF WIDOW. 
Remarriage forfeits the widow’s title to a future pen- 
sion. (See section 4702 of the Revised Statutes, page 36 of 
the Digest.) But, (under section 4708 of the Revised Stat- 
utes, page 39 of the Digest,) a widow may, after remarriage, 
draw her pension up to and including that date, whether 
an application has been filed therefor before or afterward, 
provided that such widow has preserved her rights by filing 
an application at such time as required by law. 
WHERE SOLDIER HAS FILED AN APPLICATION. 
1. If the soldier had filed an application for pension, the 
widow, on perfecting the claim, will be entitled to the ac- 
crued pension due thereon, which will be allowed upon the 
same evidence and in the same manner as if he were living. 
Such pension will end on the day of his death, and the brief 
authorizes its payment to his widow. 
2. In such cases the widow may establish the basis of her 
title by perfecting such claim, or by showing that the sol- 
dier contracted another and different disability in the serv- 
ice and died by reason thereof. 
COMPLETION OF PENDING CLAIM. 
1. In a case where the widow simply completes the pend- 
ing claim, she will be entitled, on request, to receive the 
accrued pension without further testimony than to prove 
the fact and date of the soldier’s death, and that she was 
his lawful wife when he died. 
* 2. It may be that the said soldier did not die by reason 
of a disability contracted in the service, and therefore the 
widow would not be able to obtain a pension in her own 
right. The adjudication of the invalid claim iu such cases 
should not be delayed to take final action in her own claim j 
but in the absence of a request for such delay, or of any 
special reason for it,-both claims should be adjudicated at 
the same time, and the papers kept together. 74 
PRACTICE OF THE PENSION BUREAU. 
WIDOWS OF PENSIONERS. 
When a soldier who is a pensioner dies leaving a widow, 
she is entitled to the accrued pension due upon his certifi- 
cate, on proof of his death and the date thereof, and that „ 
she was his lawful'wife when he died. The fact of death 
and the date thereof may be established by the testi- 
mony of one or more credible witnesses. In such cases, if 
the pensioner died of the disability for which he was pen- 
sioned, or if he died of some other disability contracted in 
the military service and line of duty, the widow may estab- 
lish her claim to a pension in her own right by showing these 
facts as heretofore indicated. 
COMMENCEMENT OF WIDOW’S PENSION. 
1. A limitation, which took effect July 1, 1880, as to the 
time of filing such declaration, as well as all others, was 
made by the statute passed March 3, 1879, except for the 
classes mentioned in said statute. (See Digest, page G9.) 
2. A widow who remarried prior to July 1,1880, to obtain 
pension to the date of suck marriage must have filed her 
application within the limitation; and, inasmuch as such 
pension cannot begin at adate after remarriage,it necessarily 
follows that where a widow has remarried since July 1, 1880, 
and has filed no application, she can draw no pension; but 
if she had an , application filed prior to her remarriage, 
although such application was filed subsequent to July 1, 
1880, she can draw pension from the date of the filing of 
such application to the date of her remarriage. 
3. If a soldier dies after discharge having a claim for pen- 
sion pending, or dies in the service, or while a pensioner, 
the pension of his widow, if she is entitled, will commence 
on the day succeeding his death; but if he died after dis- 
charge without filing a claim, her pension will commence on 
the day of his death, provided in each of the cases men- 
tioned she filed her application within the limitation, other- 
wise her pension will begin at the date of filing her appli- 
cation. - PRACTICE OF THE PENSION BUREAU. 
75 
CLAIMS OF PENSIONED WIDOWS FOR INCREASE ON 
ACCOUNT OF MINOR CHILDREN. 
1. A widow is entitled, in addition to pension in her own 
right, to two doflars per month for each surviving minor 
child of the soldier, provided such minor was under sixteen 
years of age on the 25th of July, 186G, if the soldier died 
prior to that date; or if he died subsequent to that time, 
and they were under that age at his death; the increase 
which is allowed on account of such minors is a personal 
right, terminating as the minors respectively become sixteen 
years of age, or in case of death. 
2. All the facts concerning the minor children of the soldier 
by reason of any marriage should be set forth, as has been 
stated, by the widow of such soldier in her declaration for 
original pension, so that her rights on account of the chil- 
dren to the two dollars per month increase may be adjudi- 
cated at the same time. But if, for any reason, her rights 
on account of such minors are not so adjudicated after the 
widow has been pensioned, she may file a declaration for 
such increase on account of the minors. 
DECLARATION OF A WIDOW FOR INCREASE. 
The declaration of a pensioned widow for increase on 
account of minor children should be executed and witnessed 
in the same manner as the declaration of a widow for orig- 
inal pension, except that it need not be made before a court 
of record; and, in addition to the facts necessary to be set 
forth in the declaration of such widow, she should state 
that she is a pensioner in her own right, that she remains 
the widow of such soldier, that she has remarried, if such be 
the fact, that she has not willfully abandoned the support of 
any one of the children of the soldier by herself, and whether 
she has the care and maintenance of such children. 
PROOF OF BIRTH OF MINORS. 
1. The proof required of the widow to support such dec- 
laration is, to show the names and dates of the births of 
the children of the soldier through whom title to pension is 76 
PRACTICE OF THE PENSION BUREAU. 
claimed. This may be done by the following testimony, 
which will be accepted in the order given, to wit: 
a. By a duly verified copy of the church record of baptism 
or other public record. 
1). By the affidavit of the physician who attended the 
mother. 
c. By the testimony of one or more persons who were 
present at the birth. All witnesses should state their means 
of knowledge, and thus show that they were present or are 
otherwise competent to give the precise dates. 
2. A widow is required to aver in her declaration whether 
the minor children still survive. Generally, no further evi- 
dence is necessary upon that point. 
3. Special care should be taken to obtain an allegation 
accounting for all the legitimate children of the soldier 
under sixteen years of age who survived him, either by the 
widow claiming pension or by any former marriage. If the 
facts are not fully stated in the declaration, the same should 
be made to appear by affidavit. She receives it on account 
of her own children by him whether she has had the care of 
them or not, unless she is barred by proceedings under sec- 
tion 470G of the Revised Statutes. “Abandonment” in that 
section means a willful or criminal neglect, and she cannot 
be deprived of her pension by any conduct toward the 
children of a former wife. But the increase allowed a widow 
by reason of the minors of a soldier by a former wife can 
only be drawn by her so loug as she has the care and main- 
tenance of such minors. In cases where such widow has not 
the care and maintenance of the child or children of her 
husband by a former wife and she, for any reason, has failed 
to apply for pension in her own right, the guardian of such 
child or children may obtain an increase of pension of two 
dollars per month for each minor child even during the life- 
time of the widow. 
BRIEFING- CLAIMS OF WIDOWS FOR ORIGINAL PENSIONS 
AND INCREASE. 
1. The greatest part of what lias been said under title of 
“briefing claims for invalid pensions’7 applies to briefing 77 
claims of widows for original pensions and increase; the 
chief difference being in the facts required to be stated on 
the face of the briefs. When testimony is to be briefed in 
any case it should be done as heretofore laid down. 
2. Where an invalid claim accompanies a widow’s claim, 
the evidence in the invalid claim being briefed, such evi- 
dence need not be spread upon the brief in the widow’s claim, 
but there should be a reference on the brief in the widow’s 
claim, with such a statement in regard to the evidence as 
may be necessary in each particular case. If no invalid 
claim has been filed, the proof necessary to establish such 
a claim must be filed in the widow’s claim, and therefore 
must be necessarily briefed in connection with the direct 
evidence to establish the title of the widow. 
3. The face of a brief in a claim of a widow for original 
pension should contain the following facts: 
а. The character of the claim, name, and post-office address 
of the claimant. 
б. That she is the widow of a soldier, giving his name, 
rank, service, date of enlistment, muster, and discharge, 
unless he died in the service. 
c. Cause and time of his death, and the place thereof. 
d. The date of filing the widow’s application. 
e. When her right accrued. 
/. Marriage to the soldier, and, if he had a former wife, the 
date of the marriage and the death of such wife. 
g. The names and dates of birth of all minor children of 
the soldier, living or dead, who were under sixteen years of 
age at the time of his death. 
4. It should appear when said minors became or shall 
become sixteen years of age, and if any have deceased, the 
date of death ; the date of the commencement of the pen- 
sion should be stated, and the rate to be granted. The 
entries to be made upon the face of the brief in regard to 
attorneys are the same as in invalid claims. The date of 
submission should appear, and also whether the claim is 
submitted for “admission” or “rejection,” and the brief be 
signed by the examiner. 
PRACTICE OF THE PENSION BUREAU. 78 
5. If a widow was not allowed an increase for the minor 
children of the soldier at the time her claim for original 
pension was adjudicated, when such claim is presented the 
face of the brief should contain the same facts as that of a 
widow’s claim, with the number of her certificate, and an 
additional statement as to the character of the claim and the 
facts concerning the pensioning of the widow. 
6. The evidence in the widow’s claim need not appear on 
such brief, except that relating to the dates of birth and 
death of the children. The date of the commencement of 
the pension should also appear, and the rate to be granted, 
which is in all cases two dollars increase for each minor 
child under sixteen years of age, surviving at the date of 
the death of the soldier through whom title to pension is 
claimed, if he died subsequent to July 25, 1866. 
PRACTICE OF THE PENSION BUREAU. 
LEGAL AND MEDICAL REVIEW OF WIDOWS’ CLAIMS 
FOR ORIGINAL PENSIONS, AND LEGAL REVIEW 
• FOR INCREASE. 
IT The legal and medical review of original claims of 
widows for pension, and legal review of increase, may be 
properly considered together, inasmuch as the duties of the 
respective reviewers have been specifically and separately 
considered in the review of invalid claims. 
2. The observations made under the title of “ Legal review 
of invalid claims,’7 as well as “Medical,” apply herein with 
the following qualifications, and in addition thereto but few 
points need be mentioned. 
3. An invalid claim having been adjudicated, or the title 
of the soldier to pension having been determined, whether 
the claim of the widow requires medical review depends 
upon the evidence of the cause of death of the soldier. JSo 
medical review is required in widows’ claims where the 
cause of death is entirely a question of fact, such as can be 
determined without the aid of a medical opinion—that is, 
where the cause of death is wholly covered by a public or 
military record. In such cases it is the province of the legal 
reviewer to determine all the questions. PRACTICE OF THE PENSION BUREAU. 
79 
4. All claims of widows other than described should be 
referred to the Medical Referee for a determination of the 
cause of death, the legal reviewer first passing upon all 
legal questions involved. . It is the province of the medical 
reviewer, when the question is referred to him by the legal 
reviewer through the Medical Referee, to pass upon the 
immediate as well as the remote cause of death in widows’ 
claims; but the legal reviewer must determine whether the 
soldier contracted a pensionable disability in the service. 
On this finding the medical reviewer must determine, as 
stated, whether the soldier died of such disability so con- 
tracted, or of a pathological sequence thereof. 
5. In determining pathological sequences in claims of 
widows, the same evidence should be required and the 
same rules applied as in those for invalids. The proper 
entry to be made upon the brief by the medical reviewer 
is “ medically established,” or “not medically established,” 
giving the immediate as well as the remote cause of death. 
He may, also, at his discretion, make a requirement for ad- 
ditional testimony in cases not established. 
CLAIMS OF MINORS FOR PENSION—ORIGINAL AND IN- 
CREASE. 
1. If a soldier has died under such circumstances as 
would have entitled his widow to pension, the legitimate 
minors of such soldier also become entitled, provided the 
rights of the widow do not intervene. That is, if such 
soldier left no widow, his minors become entitled to pen- 
sion ; or, if the soldier left a widow, when her title termin- 
ates the minors succeed to her rights. 
2. Under the laws of most of the United States a minor is a 
person under twenty-one years of age. Under the pension 
laws he is a person under sixteen, and when he arrives at 
that age may apply for pension without the intervention of 
a guardian (see page 191 of the Digest, paragraph 18 under 
title of “Minors”) but if he applies through a guardian, the 
latter will be recognized by the office. 80 
PRACTICE OF THE PENSION BUREAU. 
DECLARATION FOR PENSION BY GUARDIAN OF MINORS 
UNDER SIXTEEN YEARS OF AGE. 
A declaration of a guardian for pension of minors under 
sixteen years of age should be executed as declarations 
for original pension, and the following points should be 
covered by allegation: 
a. Name, post-office address of the guardian, and that he 
has been duly appointed. 
b. Name, rank, service, date and cause of death of the 
soldier through whom title to pension is claimed. 
e. That the soldier left no widow, or, if he did, that she 
« is dead or remarried, or for any reason her title has ter- 
minated. 
d. That the father of the minors was legally married to 
their mother. 
e. Names, dates of birth of all legitimate children of the 
soldier under sixteen years of age at the time of his death, 
and if any such minors have deceased, that fact should 
appear. 
PROOF IN CLAIMS FOR PENSIONS OF MINORS UNDER SIX- 
TEEN YEARS OF AGE. 
1. To support the declaration heretofore set forth, the 
guardian should produce in evidence a copy of his letters 
of guardianship bearing the seal of the court making the 
appointment, together with the certificate of the court that 
such appointment has not been revoked, which certificate 
should state the amount of the guardian’s bond. 
2. If a soldier dies and leaves no widow, or if he left one 
who died or remarried without having filed an application, 
then the minors or their guardian must prove the necessary 
facts to establish an invalid claim ; and to show their own 
right, it must be proven that their mother was the lawful wife 
of the soldier, the fact and date of her remarriage or death, 
or that in some manner she has been divested of her title. 
The cause and date of the soldier’s death, and that it was 
due to a disability contracted in the service and line of 81 
PRACTICE OF THE PENSION BUREAU. 
duty, must also be proven; the facts and dates of birth of 
the claimants, and that the soldier left no other minors 
under sixteen years of age at the time of his death than 
those for whom pension is claimed. 
3. If the soldier left any minor under sixteen years of 
age who has since deceased, that fact should be presented. 
A guardian is not entitled on account of a child who died 
prior to the date of the application. 
4. All these facts are proven by the same character and 
amount of evidence as is required to establish claims of 
widows for pension, original and increase. Eemarriage is 
proven by the same evidence as marriage in original claims. 
The fact of the death of a widow or of either of the minors 
may be proven by the testimony of one or more witnesses 
having personal knowledge of the facts. 
5. In all cases the rights of the minors concerning orig- 
inal pension and increase may be determined under a dec- 
laration for original pension, and upon the proof indicated; 
but if, for any reason, increase was not allowed when such 
claim was adjudicated, the minors may apply for increase 
as other pensioners; but as such claims are exceptional, no 
further consideration of them need be had herein. 
ABANDONMENT OF MINORS. 
Under section 4706 of the Revised Statutes, the aban- 
donment of the children of a soldier by his widow, or her 
unfitness to have the care and custody of them, can only 
be proven by the certificate of the court having probate 
jurisdiction over the persons of such minors. 
BRIEFING CLAIMS OF MINORS FOR ORIGINAL PENSIONS 
AND INCREASE. 
1. When an invalid claim accompanies the claim of the 
minors, the evidence in the invalid claim need not be spread 
upon the brief in the minors’ claim. The same rule applies 
where a widow’s claim has preceded that of the minors’ 
but in each case there should be a reference to the brief to 
the invalid claim, and also to that of the widow. 82 
2. If no invalid application has been filed, the proof nec- 
essary to establish such title must be filed in the claim of 
the minors, and briefed in connection with the other evi- 
dence to prove the right of the minors. 
3. The face of the brief in a claim of minors for original 
pension should contain the following facts : 
a. The character of the claim, name, and post-office ad- 
dress of the guardian. 
b. That they are the minors of the soldier, giving his 
name, rank, service, date of enlistment, muster, and also 
discharge, unless such soldier died in the service, and the 
cause and time of his death, with the place thereof. 
c. If the widow’s application has been filed in the case, 
the date thereof, date of payment to her if she received any 
part of the pension, and the reason wdiy she is divested of title. 
d. Names of the minors, living or dead, under sixteen 
years of age at the time of the soldier’s death. 
e. Dates of their birth and when they will •have become 
sixteen years of age, and if any have deceased the dates 
of death. 
/. The post-office address of those who are to be paid 
upon their own vouchers. 
g. Date of filing minors’ application, and appointment of 
the guardian. 
h. The date of the marriage of parents of the minors, 
the facts concerniug any former marriage of the soldier, 
and, if any, date of death of former wife. 
i. The date of the commencement of pension should be 
stated, and the rate to be granted. 
j. Entries in regard to attorneys are the same as in 
invalid claims. 
k. The date of submission should appear, and also whether 
submitted for u admission ” or “ rejection,” and the brief 
should be signed by the examiner. 
4. If any minors have died prior to filing a claim for pen- 
sion, their names as alleged and the dates of their birth 
should be placed on the face of the brief, but not in the list 
of those who are to be pensioned. All who died after the 
PRACTICE OF THE PENSION BUREAU. PRACTICE OF THE PENSION BUREAU. 
83 
claim was filed should be included with the living ones for 
pension; but if any died before reaching the age of six- 
teen, the time of death should be given instead of the date 
of majority, and the word “died” should be prefixed to 
the date. If any died after reaching the age of sixteen 
years, the fact and date of death need not appear among 
the dates, but should be noted elsewhere on the brief. 
5. If any of the minors are daughters and have married, 
their married names should be given at the head of the 
brief. The daughters who married before the allowance of 
the claim, whatever their age may be or whether they have 
guardians or not, as well as all children who have arrived 
at the age of twenty-one, should always be paid on their 
own voucher. It is important in completing minors’ claims 
to see that all children of the soldier are accounted for who 
could possibly share the pension. 
1. If a soldier dies after discharge having a claim for 
pension pending, or dies in the service, or while a pensioner, 
leaving no widow, the minors, if entitled, will be pensioned 
from the date of his death; but if he died after discharge, 
without filing a claim, their pension will commence on the 
date of his death. If he left a widow, the pension of the 
minors, except in cases under section 4706 and over-pay- 
ments, always begins on the day after her remarriage or 
death, or on the day after her title has terminated. The 
minors of a soldier are pensioned from the day of his death 
if his widow dies without receiving a pension, no matter 
whether she made an application or not; but if she re- 
marries, and is living, under no circumstances can they be 
pensioned from a date prior thereto; although if she re- 
marries and dies without receiving her pension the miners 
are pensioned from the date of the soldier’s death. 
2. If the widow received her pension or any part of it, 
and then died, the minors are pensioned from date of her 
death. If a pensioned widow has drawn pension after re- 
marriage, and had the care of the soldier’s children for the 
time between remarriage and the date of last payment, 
COMMENCEMENT OF MINOR’S PENSION. 84 
PRACTICE OF THE PENSION BUREAU. 
pension to the minors will begin on the day to which she 
was last paid. If she was not overpaid, and if she did not 
have the care of the children for the time mentioned, they 
are pensioned from the date of her remarriage. 
3. In every case of remarriage, before the claim of the 
minors is allowed it is necessary that the date to which the 
widow was last paid should be ascertained by a call upon 
the Third Auditor of the Treasury. 
4. The phrase “from the date of’7 any event means the 
day after such event. 
5. No statute of limitation runs against minors; therefore 
their rights are not affected by the time of filing an appli- 
cation in any case. 
6. As in the case of widows, an increase of two dollars 
per month will be allowed for each minor, but in no case 
can it commence prior to the passage of the act allowing 
such increase, July 25, 1866; therefore, though the com- 
mencement of original pension is governed by the rules 
heretofore set forth, when reference is made to the date of 
commencement of minor pensions it is to be understood that 
increase cannot begin prior to the date- mentioned. 
7. When a widow’s name has been dropped from the rolls 
under section 4706 of the Bevised Statutes, the minors of 
the soldier by such widow are entitled to the original as 
well as the increase pension; but when the minors arrive at 
the age of sixteen the widow again becomes entitled to the 
original pension. A widow’s name cannot be dropped from 
the rolls under said section by reason of abandonment or 
by reason of being an unfit person to have the care and 
custody of the children of the soldier by a former wife, but 
the increase granted to such widow by reason of such 
minors can be paid to her only so long as she is charged 
with their care and maintenance, but the increase pension 
due to such minors can be paid to their guardian during the 
life time of the widow when she does not have the care and 
maintenance of them, .and even if she has not applied for a 
pension in her own right as has been hereinbefore stated, 
under the head of “Proof of birth of minors.” PRACTICE OF THE PENSION BUREAU. 
85 
LEGAL AND MEDICAL REVIEW OF CLAIMS OF MINORS 
FOR PENSION—ORIGINAL AND INCREASE. 
1. As minors succeed to the rights of the widow of a sol- 
dier when her title has terminated, the remarks under title 
of “Legal and Medical Review of Claims of Widows for 
Pension, Original and Increase,” very largely apply herein. 
To avoid repetition, reference is had to the observations 
under said title. 
2. Where a widow’s claim has been adjudicated, the basis 
of the widow’s title and the cause of the soldier’s death 
having been determined, no medical questions arise upon 
the review of the minors’ claim, the questions for considera- 
tion being only legal. Where a widow’s claim has not been 
adjudicated, the same rule applies concerning the relations 
of the legal and medical reviewers to the case as has been 
given concerning widow’s claims for original pension. In 
cases where the minors were not allowed increase upon the 
adjudication of the original pension, only legal questions are 
involved in the review of the claim. 
CLAIMS OF DEPENDENT RELATIVES FOR PENSION. 
1. If a soldier died of a disability contracted in the serv- 
ice under such circumstances as would have entitled him 
to pension, and leaves neither widow nor legitimate minor 
child, certain relatives of such soldier, if any survive, who 
were dependent in whole or in part on said soldier at the 
time of his death, become entitled. Under the statute grant- 
ing pensions to dependent relatives, the mother of a soldier 
is first entitled, second the father, and third the orphan 
brothers and sisters under sixteen years of age. (See sec- 
tion 4707 of the Revised Statutes, page 38 of the Digest.) 
2. A dependent mother is always pensioned from the date 
of the soldier’s death, provided her application was filed 
prior to July 1, 1880; otherwise the pension will begin at 
the date of filing the declaration and cease at her remar- 
riage. 86 
PRACTICE OF THE PENSION BUREAU. 
3. If the mother was not dependent, and the father was, 
at the time of the soldier’s death, the father becomes entitled 
during the life-time of the mother, and the commencement ’ 
of his pension will be the same as that of a mother, as stated. 
If the mother was dependent, upon her death the father, if 
surviving, will, provided his application was filed within the 
limitation, be pensioned from the date of her death; other- 
wise the pension will begin at the date of filing the declara- 
tion. 
4. Under the provisions of the section above referred to, 
u Upon the death of the mother and father, or upon the death 
of the father and the remarriage of a mother, the dependent 
brothers and sisters under sixteen years of age shall jointly 
become entitled to such pension until they have attained the 
age of sixteen years, respectively, commencing from the 
death or remarriage of the party who had the prior right 
to pension.” The statute of limitation does not apply to de- 
pendent minors, and therefore does not affect the commence- 
ment of pension. 
DECLARATION FOR ORIGINAL PENSION OF A MOTHER. 
A declaration for original pension of a mother must be 
executed and witnessed as other declarations for original 
pension, and the following points covered by allegation: 
a. Relationship and post-office address of the claimant. 
1). Name, rank, service, cause and date of the death of the 
soldier. 
c. Celibacy of the son. 
d. Dependence in whole or in part. 
e. Names and ages of other children, if any, of claimant. 
/. Whether the husband is living or not, his age and phys- 
ical condition from soldier’s death. 
g. That she has not aided or abetted the rebellion. 
h. Whether her son through whom title to pension is 
claimed was a pensioner or not, or had filed an application 
at the time of his death. 
i. If soldier’s father has deceased, claimant should state 
whether she has remarried. PRACTICE OF THE PENSION BUREAU. 
87 
PROOF IN CLAIMS OF DEPENDENT MOTHERS. 
To support a declaration the elaimaint must establish 
her title in the following manner: 
a. The basis of her title to pension by the same proof 
required to establish an invalid right. 
1). In addition thereto she must show that the soldier left 
no widow nor minor child surviving. 
c. That she is the mother of the soldier who died of a dis- 
ability contracted in service, and date of his death. 
d. That the claimant was dependent in whole or in part 
upon the soldier for support at the time of his death. 
WHAT CONSTITUTES DEPENDENCE. 
1. What constitutes dependence in one case may not in 
another. The number of the claimant’s family, the place 
where she resides or resided, whether city, town, or country, 
must be taken into consideration as well as the surround- 
ings of the family in all respects. The decisions reported 
in the Digest under title of Dependence need not be herein 
specifically considered. 
2. Generally no claim of a mother should be rejected on 
account of non-dependence where the income from the pro- 
ceeds of her own property, or that of her husband from all 
sources, or both together, has been or is less than Jive hun- 
dred dollars annually, and no such claim should be allowed 
where, from the sources mentioned, it exceeds seven hun- 
dred dollars. 
CELIBACY OF SOLDIER. 
1. The celibacy of the soldier and the relationship of the 
mother may be shown by the testimony of one or more credi- 
ble witnesses, having personal knowledge of the facts. 
2. The cause of death and date thereof may be shown by 
the same character and amount of evidence as is required 
in claims of widows for original pension. 88 
PRACTICE OF THE PENSION BUREAU. 
1. To prove dependence, it must appear that prior to 
the death of the soldier his father died, or, if living, did not 
support the claimant:— 
That she had no adequate means of support other than 
the proceeds of her own labor. 
And that her son, provided he was over twenty-one years 
of age, in whole or in part contributed to or in some way 
recognized his obligation to so aid in her support; otherwise, 
no evidence of contributions is generally necessary. 
The death of a father must be proven by one or more 
witnesses. 
2. The claimant, having first proven the death of her hus- 
band, or that for any reason he did not support her, must 
next show that she had not sufficient property in her own 
right to furnish an adequate support. 
3. The proceeds of the labor of a claimant are not to be 
charged against her, no account being taken of the same. 
The affidavit of the mother and the father making an ex- 
hibit of his property should also include an exhibit others, 
and the certificate of the officer mentioned, showing the tax- 
able property of the father, should also state the facts con- 
cerning the property of the mother. 
PROOF OF DEPENDENCE. 
PROOF AS TO AMOUNT OF PROPERTY, 
1. If the father was living, it should in all cases be ascer- 
tained whether, at the time of the soldier’s death, and each 
year since, he had any property, and if so, what the income 
therefrom was during said years, and the amount of his 
earnings by labor or otherwise during such period. To ob- 
tain the facts concerning the property and income of the 
father, from all sources is often an exceedingly difficult mat- 
ter. It should be ascertaiied from the claimant where she 
and her husband have resided during each year since the 
death of the soldier, and the claimant should show by her 
affidavit and that of her husband, a complete exhibit of his 
property during said period, and a certificate from the PRACTICE OF THE PENSION BUREAU. 
89 
proper officer at their place of residence having charge of 
the records relating to the taxation of property, showing 
the amount, if any, of property, real or personal, upon which 
the husband was assessed for taxation during each year since 
the soldier’s death, but the commercial as well as the as- 
sessed value should be given, and if the real property is in 
farms a general description of size, fertility and productions 
should be set forth, as, in many instances, on account of re- 
moteness, such property may not have a high commercial 
value, but still be productive and yield an ample support. 
2. If the testimony of the claimant and her husband and 
the certificate of such officer tend to show dependence, the 
number of witnesses to perfect the proof, as in all cases, 
must depend upon circumstances. Where such affidavits 
and certificates are satisfactory, the testimony of two cred- 
ible witnesses, having personal knowledge of the facts, will 
be sufficient to show dependence, provided it appears that 
the father of a soldier was disabled, or that he was a man 
of intemperate or such habits as would tend to indicate that 
he neglected the support of his family. 
3. If the husband of the claimant was not living, no further 
inquiry need be made concerning the property of the claim- 
ant, provided the facts proved by her affidavit and said cer- 
tificates show that the income of the property did not furnish 
an adequate means of support. 
If the claimant’s husband was an able-bodied man, cumu- 
lative evidence, either in the form of correspondence with 
the witnesses, inquiry of the postmaster, if practicable, or 
direct testimony, especially if the period of time covers a 
great number of years, should be required. If the claimant’s 
husband was an able-bodied man, more than two witnesses 
generally, will of necessity be required, for it must be shown 
by the testimony of those with whom the father was asso- 
ciated in business what his income was during the period 
of time mentioned; and if he was a laboring man, his earn- 
ings must be shown by the testimony of his employers during 
the major part of said time. The number of witnesses must, 
HUSBAND AN ABLE-BODIED MAN. 90 
PRACTICE OF THE PENSION BUREAU. 
therefore, be governed by the physical condition of the 
father, the business in which he has been engaged, and 
whether he has resided in the same locality during the time 
specified, and whether he is living or dead. 
1. Where a father, by reason of physical disability, did 
not support his family, that fact is more satisfactorily estab- 
lished by medical evidence. The amount of evidence re- 
quired in such cases to show physical disability must, neces- 
sarily, depend upon the character of the same; the number 
of witnesses must also depend upon the years to be covered 
by their testimony. Generally the testimony of one phy- 
sician or two neighbors who, by their testimony, show them- 
selves competent, supported by the report of a medical 
examination, will establish his physical condition. 
2. It must be remembered that dependence of a mother 
does not .rest upon the physical inability of her husband to 
support her. The question, so far as support from the 
father is concerned, is, did he as a fact support the mother 
of the soldier, not whether he was physically able to do so, 
for a husband though an able-bodied man may still fail to 
support his wife. It is a question that should always be 
investigated, for tbe reason that the physical inability of 
a father to transact business or to perform manual labor 
tends to show his incapacity to support his family. There- 
fore the nature and character of the disability and the 
extent to which he was disabled during the period since the ' 
death of the soldier should be made to appear. 
3. If a father was sixty years of age at the death of the 
soldier, very little evidence is necessary to show his physi- 
cal inability to support his wife and family, and especially 
is this true if he was a laboring man. 
PHYSICAL DISABILITY OF FATHER. 
ABANDONMENT OF MOTHERS. 
If the father permanently abandoned the support of sol- 
dier’s mother, the fact and date of such abandonment may 
be established by the testimony of two credible witnesses. PRACTICE OF THE PENSION BUREAU. 
91 
CONTRIBUTIONS. 
1. If the soldier lived with his mother when he enlisted, 
and was under twenty-one years of age at the time of his 
death, she is not required to produce any evidence that he 
recognized his obligation to, or did contribute toward her 
support.* 
2. By the common law of this country parents are entitled 
to the earnings of their minor children. Though they are 
legally bound for the support of such children, the parents 
in return are entitled to the earnings of such minors. 
3. Contributions to the support of a mother from a son over 
twenty-one years of age, or a recognition of his obligation 
to aid in her support, may be proven by letters of the sol- 
dier transmitting the same; or admitting his obligations 
by promising support, or expressing in any manner a desire 
to contribute when possible. The point may also be proven 
by the testimony of two credible witnesses. 
4. The testimony showing that the soldier liquidated the 
obligation of his parents, or that support was furnished 
them upon his order, will be received as proof tending to 
show dependence. 
5. Buling No. 12, in regard to contributions, set out on 
page 254 of the Digest, is as follows: 
A contract made by a soldier to support relatives who may become appli- 
cants for pension as dependent relatives, under the provisions of section 4707 
of the Revised Statutes, shall not be taken to controvert the allegations of 
dependence and contribution, unless it is shown that the money or property 
consideration actually transferred by the claimant as his part of the contract 
was sufficient to, and did render the claimant independent of the soldier’s 
support at the time of the transfer of the same. 
A contract for support between a claimant and another, made subsequent 
to the death of the soldier on account of whom a dependent relative’s pension 
has been granted or is claimed, shall operate to postpone the allowance of the 
claim, or suspend payment of the pension if already allowed, for 
as the claimant or pensioner shall receive the support contracted for. 
6. It must be remembered that the mother is only re- 
quired to show that she was dependent upon her son in 
part. If the mother had other sons, who contributed to her 
* See decision of Secretary of the Interior in the case of Mary Ault, No. 33, 
in Supplement to the Digest. 92 
support, and the evidence shows that she was in part de- 
pendent upon the soldier, the point is thus established. 
PRACTICE OF THE PENSION BUREAU. 
DEPENDENCE OF COLORED PERSONS. 
1. No distinction is made in the pension laws concerning 
the rights of dependent relatives whether they are white 
or colored. But great difficulty is realized in obtaining the 
facts in regard to the dependence of colored persons, owing 
to their condition of servitude at the beginning of the war 
of the rebellion. It has been decided by the Secretary of 
the Interior that dependence of a slave mother upon her 
master does not work the forfeiture of her right to pension. 
(See paragraph 11, under title of “Dependence,” page 151 of 
the Digest.) 
2. Owing to such servitude, where a mother was a slave 
her son as a rule did not contribute to her support prior to 
the time of his enlistment, or until the close of the rebel- 
lion; therefore the Secretary of the Interior has decided 
where the mother of a soldier was a slave, and the son, 
from the date of his enlistment to the date of his death, was 
separated from her by the lines of the army, and did not 
contribute to her support during such period of time, has 
no important bearing on the case under the circumstances. 
(See paragraph 17 under title of Dependence, page 155 of 
the Digest.) 
3. To allow such claims there must be some evidence of 
contributions or a recognition of obligation to aid in the 
support of a mother on the part of her adult son at some 
period of time prior to his death, but in such cases great 
liberality in regard to the amount of proof should be prac- 
ticed. 
CLAIMS FOE, PENSION OF DEPENDENT FATHEES. 
If a soldier died under such circumstances as would 
entitle his dependent mother to pension, the dependent 
father of such soldier is also entitled on the death of the 
mother, or if she is not dependent, provided the soldier left 
no widow or minor child surviving-. PRACTICE OF THE PENSION BUREAU. 
93 
DECLARATION FOR PENSION OF DEPENDENT FATHERS. 
The declaration for pension of a dependent father should 
be executed as declarations for original pension. The fol- 
lowing points should be covered by allegation: 
a. Relationship to soldier, and post-office address of claim- 
ant. 
b. Name, rank, service, cause and date of death of the 
soldier. 
c. Celibacy of the soldier. 
d. Marriage of the claimant to the mother of the soldier. 
e. Death of the mother and the date thereof, or her non- 
dependence. 
/. Dependence. 
g. Names and ages of other children of the claimant, if 
any. 
h. That he has not aided or abetted in the rebellion 
against the United States. 
PROOF IN CLAIMS FOR PENSION OF DEPENDENT FATHERS. 
1. The claim of a dependent father for. pension must be 
established by the same character of evidence as is re- 
quired in claims of dependent mothers: 
a. That the soldier was the son of the claimant and died 
of a disability contracted in the service, and the date of 
death. 
b. That the son left no widow or minor child. 
c. Nature and extent of disability of the claimant during 
the period of time when the son contributed to the support 
of his hither, and his condition thereafter to the time of 
adjudication of the claim. 
d. The amount of claimant’s property and the income 
therefrom, and all other means of support possessed by 
him during such period. 
e. The claimant must prove the date of his marriage with 
the mother of the soldier, and the date of her death, by the 
same character and amount of evidence required to estab- 
lish such points in other cases. 94 
PRACTICE OF THE PENSION BUREAU. 
2. As has been stated, the father is entitled during the 
life-time of the mother if she is not dependent. A married 
woman holding property in her own right, her husband 
having no interest in the same, and she not being bound to 
support him, may be dependent upon his son, notwithstand- 
ing his wife may have a large estate. (See paragraph 6, 
under title of “Dependence,” page 154 of the Digest.) The 
fact that the mother was divorced from the father has no 
bearing on the principle involved. 
3. Non-dependence of a mother may be shown by her state- 
ment waiving her right in favor of her husband. It will be 
noted that a father to be dependent must be disabled to such 
an extent that he cannot earn a livelihood, and that the 
proceeds of his property and income from all sources did not 
furnish him an adequate support. (See paragraph 15 
under title of Dependence, page 155 of the Digest.) 
4. It is provided by statute that the income which is de- 
rived or derivable from the father’s actual or possible 
manual labor should be taken into account in estimating 
his means of independent support. 
5. In determining what constitutes dependence in claims 
of fathers the same circumstances concerning the surround- 
ings of the family should be taken into consideration as in 
mothers’ claims. 
CLAIMS FOR PENSION OF DEPENDENT MINORS. 
Where a soldier has died under 4ucli circumstances as 
would entitle his mother, and in the order of succession 
his father, to pension, on the death of both parents the 
minor children under sixteen years of age at the date of 
the death of the soldier become entitled, provided he left 
no widow or minor child. 
DECLARATIONS FOR PENSION OF MINOR BROTHERS AND 
SISTERS. 
A declaration for pension of minor brothers and sisters 
should be executed as other original declarations. The fol- 
lowing points should be covered by allegation: 
a. Guardianship. PRACTICE OF THE PENSION BUREAU. 
95 
b. Name, rank, service, cause and date of death of the 
soldier. 
c. Celibacy of such soldier. 
d. Names, and dates of birth of the claimants. 
e. Dependence. 
/. Marriage or death of the parents of the claimants. 
PROOF IN CLAIMS FOR PENSION OF DEPENDENT BROTHERS 
AND SISTERS. 
1. Dependent minors’ title to pension must be proven by 
the same character and amount of evidence required to 
prove the same points in other cases: 
a. That the guardian of the minors was duly appointed 
and qualified. 
b. That the soldier, brother of the minors, died of a dis- 
ability contracted in the service, and date of his death. 
e. That the soldier left no widow or minor child. 
d. The marriage of the father and mother of the minors 
and the dates of their births, and relationship to the soldier, 
and death of parents. 
e. Dependence of such minors on the soldier for support. 
2. The amount of property of the minors may be proven 
by a certified copy of the inventory and accounts current 
executed by their guardian, and filed in the office of the 
proper officer having probate jurisdiction of their estate, 
but the question as to the amount necessary to constitute 
dependence must depend upon circumstances, as in other 
dependent cases. 
3. Generally, a minor the proceeds of whose estate does 
not exceed $300 will be considered as dependent. The mar- 
riage of a dependent sister forfeits her right to pension. 
(See section 4708 of the Eevised Statutes, page 39 of the 
Digest.) But as the statute of limitation does not run 
against minors, married sisters, or other minors, may apply 
at any time for pension from the date of their brother’s 
death, on whom they were dependent, to the time when 
they respectively shall have become sixteen years of age. 96 
PRACTICE OF THE PENSION BUREAU. 
BRIEFING CLAIMS OF DEPENDENT RELATIVES FOR PENSION. 
No specific rules need be given for briefing claims of 
dependent relatives other than to state that the testimony 
in such cases should be briefed in the same manner and 
form as in invalid claims, and also to specify the facts which 
should appear upon the face of the brief of the respective 
claims. 
BRIEF OF MOTHER. 
1. The face of the brief in a claim of a dependent mother 
should contain the following facts: 
a. That she is the mother of the soldier, giving his name, 
rank, service, date of enlistment, muster and also discharge 
(unless he died in the service). 
b. Cause and date of his death. 
c. That he left no widow nor minor child. 
d. Date when the mother’s application for pension was 
filed and her right accrued. 
e. Death of husband, if deceased. 
/. The date of commencement of pension should be stated. 
g. Rate to be granted. 
h. Whether the claimant has remarried, and if so, the 
date thereof. 
2. The entries to be made upon the face of the brief in 
regard to attorneys are the same as in invalid claims. 
3. The date of submission should appear, and also whether 
the claim is submitted for “admission” or “rejection,” and 
the brief should be signed by the examiner. 
BKIEF OF FATHER. 
The face of the brief in a claim of a dependent father 
is the same as that in a claim of a dependent mother, except 
the statement of relationship is changed to father, and 
under the title of incidental matter an entry should be made 
showing why the title of the mother has terminated or was 
defeated. PRACTICE OF THE PENSION BUREAU. 
97 
BRIEF OF DEPENDENT MINORS. 
The face of the brief in a claim of dependent brothers 
and sisters is the same as that given of dependent parents, 
with the following exceptions: 
a. Change of relationship to that of brothers and sisters. 
b. The name and post office address of the guardian. 
c. Names and dates of birth of the minors should be given, 
and the date when they became or shall become sixteen 
years of age. 
LEGAL AND MEDICAL REVIEW OF CLAIMS OF DEPENDENT 
RELATIVES FOR PENSION. 
1, The respective duties of the legal and medical reviewers 
in reviewing claims of dependent mothers are the same as 
in claims of widows for original pension, and no further ob- 
servations concerning their duties need be made herein. If 
a dependent mother has perfected her claim, no medical 
question arises on a subsequent review of the father’s claim, 
and the same rule applies in reviewing claims of minor 
brothers and sisters, where a parent’s claim has been pre- 
viously perfected. 
2. If on a subsequent review of the claim of a dependent 
father or dependent brothers and sisters the question of the 
cause of death of the soldier has not been previously de- 
termined, the same rule applies concerning the respective 
duties of the reviewers as io claims of dependent mothers. 
SPECIAL EXAMINATION OF CLAIMS FOR PENSION. 
1. Under the provision of section 4714 of the Revised Stat- 
utes, as amended July 25,1882, a special examination may 
be had of all classes of claims for pension, whether pending 
or adjudicated, when deemed proper by the office. Three 
classes of claims only should be specially examined: 
a. Those in which the claimant has presented a prima 
facie case, and a well-grounded doubt arises as to the genu- 
iness of the claim, whether the same be pending or adjudi- 
cated. 98 
PRACTICE OF THE PENSION BUREAU. 
b. Those in which there is an adverse record of such a 
character that it may be overcome by evidence obtained 
through a special examination, the claimant having, upon 
ex-parte testimony of commissioned officers, or such medical 
evidence as may be required according to the character of 
the claim, presented a prim a facie case. 
c. All other cases where a claimant has presented a prima 
facie case, it appearing that the claim is meritorious, but 
the character of the evidence whether parol or record is not 
such as under the rules of the office is required to establish 
a claim for the particular disability alleged and the claimant 
is unable to comply with those requirements. 
2. It is not to be understood that all such cases as men- 
tioned should be specially examined, but only such, may be 
examined. No claim of the first class mentioned should be 
examined unless the doubt referred to is well grounded 
and founded upon facts elicited by the office in the usual 
manner, or upon information voluntarily furnished by relia- 
ble persons, or upon the face of the papers. 
3. It is not every discrepancy that appears in the evidence, 
or improbability that is claimed, that will justify a special 
examination. Only discrepancies of such a character, and 
such improbabilities, which raise a doubt and which claim- 
ants fail to satisfactorily explain, will justify a special ex- 
amination. Before a special examination is had in oases of 
the second or third class, the office, upon the facts pre- 
sented, should be satisfied that the claims are meritorious, 
but that under the practice of the office they are inadmis- 
sible. 
4. The chief object of a special examination in any given 
case is two-fold: 
a. To protect the office against claims which are not 
genuine. 
b. To obtain the real facts in just and lawful claims which 
are inadmissible upon ex-parte testimony. 
5. Admitted claims, except upon the special order of the 
Commissioner or a Deputy Commissioner, should not be 
withdrawn from the files and specially examined. PRACTICE OF THE PENSION BUREAU. 
99 
6. When a claim hqs been specially examined and rejected 
and rebutting evidence has been filed by the claimant, favor- 
able action should not be taken by the office without a cross- 
examination of the witnesses giving the rebutting evidence. 
7. The duties of a special examiner are delicate and im- 
portant; he is charged with the protection of the interests 
of the Government and the rights of the claimant; he is 
not in any sense the attorney of either; his mission in all 
cases is to obtain the true facts, and without bias or preju- 
dice for or against either party in interest report yie same 
to the Commissioner. 
8. Order No. 76, (see supplement to Digest) directs the 
proper form for a reference of cases for special examination. 
When a case has been referred for that purpose, it should 
not be delayed to obtain a further report from other Depart- 
ments, unless there is a reasonable probability that infor- 
mation concerning its merits can be obtained. When the 
usual calls have been made and reports filed covering the in- 
formation generally required, and it is possible that further 
facts may be procured, an additional call may be made, 
but the special examination should be had without await- 
ing the reply. 
PENSIONS OF SOLDIERS OF THE REGULAR ARMY, AND 
THOSE WHO SUCCEED TO THEIR RIGHTS. 
1. No distinction is made between the rights of soldiers 
who became disabled in the Regular Army prior to March 
4, 18G1, and those who contracted disabilities subsequent 
thereto, except as provided in Sec., 4694,*R. S. p. 32, Digest. 
2. The same character and amount of evidence is required 
to establish such claims as is necessary for disabilities con- 
tracted in the war of the rebellion, and the only difference 
in the practice between them is, that in those of the Begu- 
lar Army the testimony of commissioned officers thereof in 
actual service is accepted without verification; and cor- 
respondence with all witnesses who are in the service is had 
through the Adjutant General’s office, and not with the wit- 
nesses direct, as in other cases. 100 
PRACTICE OF THE PENSION BUREAU. 
3. The rights of widows, minors, and dependent relatives of 
officers and soldiers of the Regular Army who have died by 
reason of a disability contracted since March 4, 1861, are 
the same as those of the war of the rebellion; but no pro- 
vision is made for pensioning dependent relatives of those 
who have died of disabilities contracted prior to March 4, 
1861. 
4. To entitle their widows and minors to a pension such 
disability must have been contracted during a period of war. 
NAVY PENSIONS. 
1. The observations heretofore made have been chiefly 
applicable to army pensions, for disabilities contracted by 
soldiers since the 4th of March, 1861, and to the claims of 
those entitled by reason of the service of such soldiers* 
The distinctions relating to the granting of pensions to sail- 
ors during the same period, as well as of those disabled 
prior to March 4, 1861, will be treated herein. 
2. When a claim for navy pension has been filed, to obtain 
a record of service the following facts should be remembered: 
a. That the service of officers, is obtained from the Chief 
of the Bureau of Navigation. 
b. Of seamen, from the Fourth Auditor of the Treasury. 
c. Of marines, from the Commandant of the Marine 
Corps. 
d. Of those mentioned under section 4741, Revised Stat- 
utes is obtained by a. direct call upon the Secretary of the 
Treasury, through the Secretary of the Interior. 
3. The record of disabilities is obtained from the Surgeon 
General of the Navy. When evidence of the disability of a 
sailor cannot be obtained from the Surgeon General of the 
Navy, information thereof may often be had from the log- 
book, in the office of the Chief of the Bureau of Navigation. 
4. To establish a claim for navy pension the same charac- 
ter and amount of proof is required as in those for army 
pensions. Medical surveys when signed by the commandant 
of the ship and the surgeon thereof, are entitled to the same 
credit, if such surveys were made on the ship, the officers 101 
having the opportunity for personal knowledge of the facts 
stated in such service, as certificates of disability in claims 
for army pension, when signed by the captafn of the soldier’s 
company and the surgeon of his regiment. Otherwise, their 
weight is similar to that of a certificate of disability issued 
from a general hospital. The testimony of commissioned 
officers of the navy are accepted without verification. 
PRACTICE OF THE PENSION BUREAU. 
NAVY PENSIONS TO INVALIDS DISABLED SINCE MARCH 4, 
1861, AND THOSE WHO SUCCEED TO THEIR RIGHTS. 
1. The commencement of invalid navy pensions for disa- 
bilities contracted since March 4, 1861, and of those who 
succeed to their rights, is governed by the statute of limita- 
tion approved March 3, 1879. The rights of such widows, 
minors, and dependents are the same under the laws gov- 
erning army and navy pensions, except in pensions granted 
under section 4741 of the Revised Statutes* page 48 of the 
Digest, which on certain conditions gives title to pension to 
the officers and seamen of revenue cutters, and those under 
the provisions of sections 4756, 4757, and 4761, Revised 
Statutes, end with the invalid right. 
2. Certificates of pension are granted, as provided in the 
three sections last mentioned, upon the recommendation of 
the Secretary of the Navy, to a sailor making an application 
for pension to that officer, but it is not required to be made 
under oath. The Pension Bureau, however, requires that, 
for the purpose of identity, the claimant should execute a 
declaration in the same form and manner as in applications 
for original pensions. 
3. Section 4694, of the Revised Statutes, page 32 of the 
Digest, governs the rights of sailors who have contracted 
disability since July 27,1868, as well as those of the soldiers 
of the regular army. 
NAVY PENSIONS TO INVALIDS DISABLED PRIOR TO MARCH 
4,1861, AND TO THE WIDOWS AND MINORS OE SUCH SAILORS. 
i 1. Section 4728 of the Revised Statutes, page 45 of the 
Digest, gives title to pension to officers and seamen disa- 102 
PRACTICE OF THE PENSION BUREAU 
bled prior to March 4,1861, mentioned therein; and section 
4729 of said page of the Digest controls the order of suc- 
cession to title when the invalid right has terminated, but 
to enable the widow or minors of sailors to procure a pen- 
sion under the latter section the sailor must have died in 
the service. 
2. The only other distinction which now exists between 
pensions provided by said section 4728 and those consid- 
ered in the last chapter, is that of commencement. The 
rates granted in both classes are the same in cases where 
the pension begins subsequent to July 25, I860. The com- 
mencement of all pensions granted under said section is 
governed by section 4713 of the Revised Statutes, page 41 
of the Digest, which provides that:— 
In all cases in which the cause of disability and death originated in the 
service prior to the fourth day of March, 1861, and an application for pension 
shall not have beefl filed within three years from the discharge or death of 
the person on whose account the claim is made, or within three years of the 
termination of a pension previously granted on account of the service and 
death of the same, the pension shall commence from the date of filing, by the 
party prosecuting the claim, the last paper requisite to establish the same. 
3. Therefore, if an application was filed within the time 
prescribed, the applicant would be pensioned from the date 
of the discharge of the invalid, or from the date of the death 
of the person through whom title to pension is claimed; but 
if the application was filed after three years from the sailor’s 
discharge or death, or three years after the pension has 
terminated, then the pension will commence at the date of 
filing the last material evidence; but no arrears of pensioh 
can be allowed in claims admitted prior to the Gth day of 
June, 1866. 
4. Loyalty in all claims for both army and navy pen- 
sions must be shown. This applies to original as well as to 
restoration claims, and to applications for pension for dis- 
abilities contracted prior and subsequent to the 4tli of 
March, 1861. The only exceptions to this rule are those 
persons embraced in section 5 of act of Congress passed 
March 9, 1878. (See page 65 of the Digest.) 103 
PRACTICE OF THE PENSION BUREAU. 
CLAIMS FOR PENSION OF INVALIDS DISABLED IN THE 
MEXICAN WAR, AND THEIR WIDOWS AND MINORS. 
1. ThG right to pension of soldiers disabled in the Mexi- 
can war is governed by section 4730 of the Eevised Stat- 
utes, page 46 of the Digest, and the right of their widows 
and minors by section 4731, on the same page of the Digest. 
2. The commencement of such pensions is controlled by 
section 4713 of the Eevised Statutes, page 41 of the Digest, 
which statute has been heretofore set forth. 
3. The same character and amount of evidence is required 
to establish a claim for pension under this title as in claims 
for pension for disabilities contracted since March 4, 1861, 
with the exception that in all claims where there is no record, 
origin in the service must be shown by medical evidence 
or by the evidence of commissioned officers. Continuance 
also, in all cases, except such disabilities as may be proven 
by lay evidence under rules heretofore laid down, must be 
established by some medical evidence. Inasmuch as the 
period of time which has elapsed since the close of the Mexi- 
can war is very great, a greater amount of evidence is 
required to show continuance than in claims arising from 
disabilities contracted in the war of the rebellion. 
PENSIONS TO THE SURVIVORS OF THE WAR OF 1812 AND 
TO THEIR WIDOWS. 
1. Service pensions of $8 per month to certain survivors 
of the war of 1812 and to their widows are granted by the 
act passed by Congress February 14,1871 (see sections 4736, 
4737, and 4738 of the Eevised Statutes, pages 47 and 48 of 
the Digest), and also by the act passed by Congress March 
9, 1878. (See page 65 of the Digest.) 
2. Those entitled under the first-mentioned statutes are 
officers, soldiers, and sailors who served for sixty days in 
said war and. were honorably discharged, and who have 
never been pensioned for disability incurred in the service 
of the United States, and such officers and soldiers as were 
personally named in any resolution of Congress for any 104 
PRACTICE OF THE PENSION BUREAU. 
specific service in that war, although their terms of service 
may have been less than sixty days 5 also, those who are in 
receipt of a pension of less than eight dollars a month for 
a disability incurred in said service, are entitled to the dif- 
ference between the pension now received by them and 
that amount; provided they performed sixty days’ service. 
The widows of such officers, soldiers, and sailors, if they 
were married prior to the treaty of peace which terminated 
said war, February 17, 1815, and have not since remarried, 
are also entitled. All service pensions granted under the 
first-mentioned statute are allowed from the date of the 
approval of that act. 
3. Under the act passed by Congress March 9, 1878, the 
period of service required to entitle to pension was changed 
from sixty to fourteen days, and under said act, in addi- 
tion to those above mentioned, the officers, soldiers, and 
sailors who were in any engagement in said war, are enti- 
tled to a service pension of $8 per month; and the widows 
of all persons named as entitled under the last-mentioned 
act, who have, not remarried, are also entitled, from the 
passage of said act, without regard to the date of their 
marriage. 
DECLARATION OF A SOLDIER OR SAILOR FOR SERVICE 
PENSION. 
1. Declarations of soldiers or sailors for service pension 
should be executed as are declarations for original pensions, 
except where, by reason of the infirmity of age, the claim- 
ants are prevented from appearing before an officer having 
the custody of the seal of a court of record or a judge 
thereof; in such case the declaration may be executed 
before any officer authorized to administer oaths for gen- 
eral purposes. The following points should be covered by 
allegation: 
a. Name, age, and post-office address of the claimant. 
1). Dank and length of service. 
c. Name of captain of his company or ship, and colonel 
of his regiment. 105 
d. That he was honorably discharged, and the date 
thereof. 
e. Place or places of residence since discharge. 
/. Personal description at the time of enlistment. 
g. That he did not aid or abet the war of the rebellion. 
2. If a claimant has applied for service pension under 
the act of February 14, 1871, and afterwards applies under 
the act of March 9, 1878, no new declaration is required, 
other than a statement executed in the presence of two at- 
testing witnesses, requesting that the pending claim may 
be adjusted under the act of March 9, 1878. This same 
rule applies to widows’ applications. 
3. Three points are required to be proven to establish 
title to service pension: 
a. Service of the soldier or sailor for the period of time 
required by law, or that he participated in a battle during 
said war. 
b. Identity. 
c. That he was honorably discharged. 
4. In claims under the act of February 14, 1871, loyalty 
must be proven. Proof of loyalty is not required in claims 
under the act of March 9, 1878. 
5. The service of a soldier or sailor, that he was honor- 
ably discharged, and also the fact that he participated in 
a battle, is proven by the report from the officer of the 
proper Department. The service of soldiers of the militia, 
and volunteers in the War of 1812 is obtained by call upon 
the Third Auditor of the U. S. Treasury* Department, and 
that of soldiers in the regular army is obtained in the same 
way as in other cases. In case such report fails to show the 
service of the soldier or sailor, but does show service of the 
organization to which he claims to have belonged, his serv- 
ice may be proven by the testimony of one commissioned 
officer, or two comrades who served in the same organization. 
Identity and loyalty may be proven by two witnesses. * 
PRACTICE OF THE PENSION BUREAU. 
* Note: Calls for the service of the volunteers and militia in the Seminole jj 
War, the Florida and other Indian Wars and the Cherokee Removal should be 
made on the 2d Auditor of the U. S. Treasury Department. 106 
PRACTICE OF THE PENSION BUREAU. 
DECLARATIONS OP WIDOWS FOR SERVICE PENSIONS. 
1. The declaration of a widow for service pension must be 
executed as that of a soldier or sailor for such pension. 
The following points must be covered by allegation: 
a. Name, age, and post-office address of the claimant, 
b. That she is the widow of the soldier or sailor through 
whom title to pension is claimed. 
c. Name, rank, and length of service of such soldier or 
sailor; captain of his company or ship, and the commander 
of his regiment. 
d. A description of the soldier or sailor at the time of his 
enlistment. 
e. Marriage with the soldier or sailor, the place where 
celebrated, the name of person by whom the ceremony was 
performed, and the claimant’s maiden name. 
f. Death of the soldier or sailor. 
g. That she has not again married. 
li. Place or places of residence since the discharge of her 
husband from service. 
1. That she did not aid or abet the rebellion. 
2. The necessary facts to establish an invalid right to a 
service pension having been furnished, the widow is required 
to prove: 
a. The death of the soldier or sailor, and the date thereof, 
by the testimony of two witnesses. 
b. Her marriage with the soldier or sailor, and continued 
widowhood. 
c. If she claims under the act of February 14, 1871, such 
marriage must be proven by record evidence; but if the 
application is made under the act of March 9, 1878, it may 
be proven as in other claims for original pension. Suffi- 
cient has been said in reference to briefing and reviewing all 
classes of claims, in the consideration of army pensions for 
disabilities contracted in the war of the rebellion, to render 
unnecessary further remarks on that subject. PRACTICE OF THE PENSION BUREAU. 
107 
The following table shows the rates fixed by law for 
“total” and “specific” disabilities, and the rates fixed by 
the Pension Office for certain disabilities not specified by 
law. 
RATES FIXED BY LAW FOR TOTAL DISABILITY. 
ARMY. 
Per month. 
Lieutenant-colonel and all officers of higher rank $30. 00 
Major, surgeon, and paymaster 25. 00 
Captain, provost-marshal, and chaplain 20.00 
First lieutenant, assistant surgeon, deputy provost-marshal, and quar- 
termaster 17. 00 
Second lieutenant and enrolling officer 15.00 
All enlisted men 8-00 
NAVY AND MARINE CORPS. 
Captain and all officers of higher rank, commander, lieutenant com- 
manding and master commanding, surgeon, paymaster, and chief 
engineer ranking with commander by law, lieutenant-colonel, and 
all of higher rank in Marine Corps 30.00 
Lieutenant, passed assistant surgeon, surgeon, paymaster, and chief 
engineer ranking with lieutenant by law, and major in Marine Corps. 25. 00 
Master, professor of mathematics, assistant surgeon, paymaster, and 
chaplain, and captain in Marine Corps 20.00 
First lieutenant in Marine Corps 17.00 
First assistant engineer, ensign, and pilot, and second lieutenant in 
Marine Corps 15. 00 
Cadet midshipmen, passed midshipmen, midshipmen, clerks of 
admirals, paymasters, and of officers commanding vessels, second 
and third assistant engineers, master’s mate, and warrant officers... 10.00 
All enlisted men, except warrant officers 8.00 108 
RATES AND DISABILITIES SPECIFIED 
BY LAW. 
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Loss of both hands 
$25 00 
$31 25 
$72 00 
Loss of both feet 
20 00 
31 25 
72 00 
Loss of both eyes 
25 00 
31 25 
72 00 
Loss of an eye, the other lost before enlistment. 
$25 00 
31 25 
72 00 
Loss of one hand and one foot 
$20 00 
24 00 
$36 00 
Total disability in one hand and one foot 
20 00 
24 00 
36 00 
Total deafness of both ears 
$13 00 
Loss of a hand or a foot 
15 00 
18 00 
Amputation at or above elbow or knee 
15 00 
18 00 
Amputation at hip joint 
15 00 
18 00 
$37 50 
Inability to perform manual labor 
20 00 
24 00 
Regular aid and attendance 
25 00 
31 25 
*72 00 
Total disability in both hands 
25 00 
31 25 
72 00 
PRACTICE OF THE PENSION BUREAU. 
* $72 from June 17, 1878, where the rate was $50 under Act of June 18, 1874, and granted to date prior to June 16, 1880. 
Act of June 16,1880, allows $72 in cases where rate for disability, not specific, is $50 prior to June 16, 1880. Rates Fixed by the Pension Office for Certain Disabilities not 
Specified by Law. 
Anchylosis of elbow joint total. 
Anchylosis of knee joint total. 
Anchylosis of ankle £ 
Anchylosis of wrist £ 
Double inguinal hernia £ 
Inguinal, femoral, or ventral hernia £ 
Loss of sight of one eye £ 
Loss of thumb £ 
Loss of great toe £ 
Loss of great toe and second toe, three-fourths of great, second, and 
third toes, total of all the toes total. 
Loss of an index finger £ 
Loss of a finger . £ 
Loss of a toe . £ 
Loss of thumb and index finger ££ 
Loss of index and middle fingers total. 
Loss of index, middle and ring fingers ££ 
Loss of all the fingers, the thumb and palm remaining £| 
Loss of ring and little fingers £ 
Loss of middle, ring, and little fingers ££ 
Total or nearly total deafness of one ear £ 
Slight deafness of both ears £ 
Severe or total deafness of one ear, and slight of other £ 
Severe deafness of both ears £ 
Total deafness of one ear and severe of other £ 
Deafness of both ears, existing in a degree nearly total £ 
Total deafness in cases where rate for a total disability is less than 
$13 per month $13 00 
Total deafness in cases where rate for a total disability is more than 
$13 per month total. 
Anchylosis of elbow joint, without complications, is given as a basis 
for a total disability according to rank; with complications, and any 
disability in its effects, disabling in degree more than total (where 
total of rank is $8 per month), and less than $18 per month, may 
be rated at ££, £|, j|, or £f. 
The loss of a part of a hand or a foot, on a basis of $8 per month, 
would rate from total to £f, j f, ££, to $18 or third grade. 
The loss of one eye, affecting the sight of the other so as to result in 
total blindness $72 00 
Note.—In office parlance, 1st grade is now $31.26; 2d grade is now $24; 
3d grade is now $18. 
PRACTICE OF THE PENSION BUREAU. 
109 INDEX. 
A. 
Page. 
Abandonment of minors 81 
Abandonment of minor children by widow. See par. 3 76 
Abandonment of mothers. 
See “Mothers, abandonment of.” 
Accidental wound cases, proof in 19 
(1, 2, 3.) Line of duty must be shown 19 
(4, 5.) Parol evidence in, and how established 20 
(6.) Special examination of 20 
(7.) Accidental or purposely self-inflicted 21 
(8.) Circumstantial evidence in 21 
(9.) Reputation of claimant in 21 
Adjutant General, calls on. See par. 2 15 
Adjutant General’s reports, adverse 66 
(1.) Soldiers must have been discharged in order to furnish a date 
of commencement 66 
(2.) Record of desertion 66 
(3.) Incurrence of a disability in one service; re-enlistment in 
and desertion from a subsequent one; desertion no bar to pen- 
sion for disability contracted in the first service 67 
(4.) Opportunity should be given claimants to explain discrepan- 
cies; but great caution should be used in permitting them to 
change their allegations 67 
(5.) Circumstances under which adverse Adjutant General’s re- 
ports may be controverted by parol evidence 67 
Adverse records 63 
(1.) Certificates of disability, and the three classes into which they 
may be divided 63 
(2.) A positive adverse record of the first class cannot be overcome 
by pai’ol evidence 63 
(3.) An adverse record, to be positive in its character, must state 
the facts upon which it is based 64 
(4.) The facts stated are conclusive, but not the legal conclusions 
based thereon 64 
(5.) Adverse records of the second class may be controverted by 
parol evidence 64 
(6.) Adverse records of the third class may be overcome by parol 
evidence 65 112 
INDEX. 
Page. 
Adverse records based ox claimant’s statements 65 
(1.) Certificate of disability containing a statement made by the 
claimant adverse to himself should generally be accepted as true. 65 
(2.) Circumstances under which claims are rejected upon an 
adverse record without calling for proof. 65 
(3.) Claimant may show, if he desire, that his own statements 
were false 66 
(4.) Practice of Pension Office in cases where pension is claimed 
for a disability different from that for which claimant was dis- 
charged 66 
Affidavits, 
Joint affidavits objectionable. See par. 3 12 
Of physicians and neighbors should be definite and specific. See 
par. 3 34 
See “Evidence” and “Witnesses.” 
Amendments to declarations 8 
(1.) Formal and informal declarations 8 
(2.) How a formal declaration may be amended 8 
(3.) Commencement of pensions under amended declarations 9 
(4.) General rules to be observed by examiners as to 9 
Applications. 
See “Declarations.” 
Applications for Navy pensions. See par. 2 102 
Arrears cases. 
Pathological sequences of diseases in. See par. 3 25 
Evidence of continuance in, must be specific. See par. 5 22 
B. 
Birth of minor children, how proved 75,76 
Briefing claims. 
Invalid, general rules for - 43,46 
Invalid, increase 53 
Widows, original and increase 76,78 
Minors, original and increase 81,83 
Minors, dependent '... 97 
Dependent relatives 96 
Mothers 96 
Fathers 96 
Brothers and sisters (minors, dependent) 97 
Brothers and sisters, dependent, proof in claims for pen- 
sion of 95 
Brothers and sisters, minors, declarations for pensions of. 94 INDEX 
113 
c. 
Page. 
Celibacy of soldier, {mother's claims') 87 
(1.) Celibacy of soldier and relationship of mother, how proved . 87 
(2.) Cause and date of soldier’s death 87 
Certificates of disability. 
See “Adverse records.” 
See pars. 5 and 6 16 
See pars. 1, 2, 3, 4, 5, and 6 63, 65 
See par. 1 65 
Chronic diarrhoea, proof of the sequences of. 
See pars. 7, 8, 9, 10, and 11 26 
Sequences of. See par. 5 25 
Claimants. 
Reputation of, in accidental wound cases. See par. 9 21 
Colored and Indian Soldiers. 
Proof of marriage in claims of. See par. 2 71 
Colored persons, dependence of 92 
Commencement of invalid pensions (amendments to decla- 
ration) 8,9 
Commencement of widow’s pensions 74 
Commencement of minor’s pensions 83,84 
Commencement of Mexican War pensions. See par. 2 103 
Commencement of Navy pensions 101,102 
See pars. 2 and 3 102 
Continuance. . 
Not necessary to he shown in gunshot wound cases. See par. 3 22 
Necessary in disease cases. See par. 4 22 
Evidence of, must he specific, especially in arrears cases. See par. 5. 22 
Proof of, must depend on the character of the disease. See par. 4. 25 
Cannot be accepted as proved on the testimony of one witness. 
See par. 4 34 
See par. 6 36 
Not usually necessary in claims for injuries. Exceptions. See 
par. 3 41 
C ONTRIB UTIONS 91 
(1.) When soldier who lived with his mother when he enlisted 
and who was under 21 years of age when he died, his mother is 
not required to produce any evidence to show that he recognized 
his obligation to, or did contribute to her support 91 
(2.) By the common law parents are entitled to the earnings of 
their minor children 91 114 
Page. 
Contributions—Continued. 
(3.) How “contributions” may be proven 91 
(4.) Proof necessary to show dependence 91 
(5.) Ruling No. 12, as to “contributions” 91 
(6.) Mother only required to show that she was dependent upon 
her son in part 91 
See “Mothers, Dependent.” 
Course of procedure 5 
Under Order No. 63 5 
Under No. 62 6 
Under Order No. 59 7 
D. 
Death OF Soldier (in claims of widows, minors, and dependent relatives, 
how proven) 72 
Declarations : 
Invalid 7 
Invalid, amendments to 8 
Invalid, dates of commencement thereunder 9 
See “Amendments to declarations” 8 
Invalid, increase 52 
Widows, original 69 
Widows, pensioned, increase on account of minor children 75 
Minors, guardian of. 80 
Mothers, dependent 86 
Fathers, dependent 93 
Brothers and sisters, minor 94 
Navy. (Par. 2) 101 
Service pensions 104 
Service pensions, widows 106 
Dependence: What constitutes it 87 
Dependence, PROOF of, (in claims of dependent mothers) 88 
(1.) It must be proved that prior to the death of the soldier his 
father died, or, if living, did not support the claimant 88 
(2.) It must be proved that she did not have sufficient property in 
her own right to support her 88 
(3.) The proceeds of the labor of a claimant are not to be charged 
against her 88 
See “Dependent Mothers.” 
Dependence of colored persons 92 
(1.) No distinction made in the pension laws between white and 
colored dependent relatives. Qualifications 92 
INDEX 
D. INDEX. 
115 
Page. 
Dependence of colored persons—Continued. 
(2.) Decision of the Secretary of the Interior in case where the 
v mother of a soldier was a slave and was separated from her sou 
by the lines of the Army 92 
(3.) Such claims cannot be allowed without some evidence of con- 
tributions or recognition of obligation to aid in the support of 
a mother 92 
Dependent relatives, claims of, for pension 85 
(1.) When there is no widow or surviving minor child, the mother 
of the soldier is first entitled; second, the father; and third, the 
orphan brothers and sisters under sixteen years of age 85 
(2.) Dependent mothers always pensioned from the date of the 
soldier’s death, provided her application was filed prior to July 
1, 1880 85 
(3.) Circumstances under which a father can be pensioned during 
the lifetime of the mother 86 
(4.) Brothers and sisters, when and under what circumstances en- 
titled 86 
Dependent relatives, briefing claims for pension of 96 
Dependent relatives, legal and medical review of claims of 97 
(1, 2.) Duties of legal and medical revievers in the review of.... 97 
Dependent relatives, Navy. See par. 1 101 
Of soldiers of the regular Army. See par. 3 100 
Dependent mothers. See pars. 1, 2, 3 85,86 
Declaration for original pensions of 86 
Proof in claims of 87 
Dependent mother’s claims.—Proof as to amount of property in.. 88 
(1.) If the father was living, the amount of his property and the 
income therefrom must be shown, &c 88 
(2.) Character of proof required must depend upon circumstances. 89 
(3.) If claimant’s husband was not living no further inquiry need 
be made concerning the property of the claimant, if it be shown 
that the income from the same did not furnish an adequate means 
of support 89 
Husband an able-bodied man 89 
(1.) Cumulative evidence should be required 89 
Physical disability of father 90 
(1.) Best shown by medical evidence 90 
(2.J Dependence of a mother does not rest upon the physi- 
cal inability of her husband to support her 90 
(3.) Very little evidence required in cases where the father 
was sixty years, or more, of age when the soldier died.. 90 116 
INDEX 
Page. 
Dependent mother's claims—Continued. 
Brief of . 96 
See "Contributions” 91 
See "Dependence, proof of,” 88 
Dependent fathers, claims for pension of 92 
(1.) Circumstances under which father is entitled 92 
Declarations in 93 
Proof in 93 
(1.) How a claim of a dependent father must be established. 93 
(2.) A married woman not bound to support her husband, 
and he may be dependent, even though she have a large 
estate 94 
(3.) Non-dependence, how shown 94 
(4.) The income from the father’s actual or possible manual 
labor should be taken into account 94 
Brief of 96 
Dependent minors, claims for pension of 94 
Brief of 97 
Dependent brothers and sisters, proof in claims of 95 
Desertion. See pars. 2 and 3 66,67 
Disease cases of record, evidence in 21 
(2.) Prior soundness presumed in certain cases 21 
(3.) "Continuance” not necessary to be proven in gunshot wound 
cases 22 
(4.) "Continuance” necessary in disease cases 22 
(5.) Evidence of continuance must be definite and specific, espe- 
cially in arrears cases 22 
Diseases the origin of which, under certain circumstances, 
IS ESTABLISHED ON THE RECORD 22 
(1.) Diseases to which Ruling No. 55 does not apply 22 
(2.) Time in which certain diseases are usually developed 23 
(3.) Fevers, measles, small pox, &c., development of 23 
(4.) Chronic diarrhoea, development of 24 
(5, 6.) Pensions not granted for diseases, but for their effects 24 
Diseases, pathological sequences of 24,26 
See “Pathological sequences ” 
Diseases which appeared within six months after enlist- 
ment-origin OF, NOT ACCEPTED ON A RECORD 27 
(1.) List of diseases the origin of which in the service is not 
accepted on a record if they appeared within six months after 
enlistment 27 
(2, 3.) Parol evidence required to show origin of, in the service. 
"Soundness” must be proven 27 117 
Page. 
Diseases which appeared, &c.—Continued. 
(4.) Rheumatism sometimes an original disability and sometimes 
a sequence 27 
(5.) Pathological sequences of rheumatism and scurvy 28 
(6.) Pathological sequences must be proved the same as other facts- 28 
(7.) Less proof as to “origin” required in cases where there is a 
record than in cases where there is no record 28 
Diseases established on a record, under ruling No. 55 28 
(1.) Under Ruling No. 55, prior soundness is presumed in cases 
where soldier served six months before incurring a disability .. 28 
(2.) Origin accepted on the record in cases in which soundness is 
presumed 28 
(3, 4, 5.) Exceptions 29 
Diseases, classification of, and evidence required in claims 
FOR DISEASES NOT OF RECORD 29 
(1.) Proof considered without reference to Ruling No. 55 29 
(2.) Proof required in claims for diseases not of record 30 
(3.) Calls should be made on the War Department to verify the 
“presence or absence” of officers or comrades testifying in all 
cases not established on the record 30 
(4.) “Obscure” diseases and diseases “not obscure” 30,31 
(5, 6.) Definition of “obscure” and “not obscure” diseases, and 
how they may be determined 31 
(7.) “Obscure” and “not obscure” are general terms, and wit- 
nesses differ in their ability to distinguish them 32 
Diseases, “obscure” and not of record, proof of origin in 
CLAIMS FOR 32 
(1.) Soundness, proof of 32 
(2.) Origin, proof of 32 
Diseases: “Obscure,” not of record, proof of continuance 
IN 33 
(1.) General remarks as to 33 
(2.) Less evidence required in cases where there is a record 34 
(3.) Affidavits of neighbors and physicians should be definite and 
specific 34 
(4.) “Continuance” cannot be accepted on the testimony of one 
witness 34 
(5, 6.) Where one physician testifies to treatment for the entire 
period since discharge, his testimony should be corroborated by 
that of two neighbors 34 
(7.) Neighbors testifying to continuance should be corresponded 
with 35 
(8,9,10,11,12.) Proof necessary to establish pathological se- 
quences in 35 
INDEX- Page. 
Diseases not obscure and not of record, proof in 36 
(1.) Amount of proof the same in claims for diseases “obscure” 
and “not obscure,” but the character is different 36 
(2.) The best evidence should be called for, but if it cannot be ob- 
tained, secondary evidence will be considered 36 
(3,4.) Proof of soundness the same in claims for “obscure” and 
“not obscure” diseases 36 
(5.) Proof of origin 36 
(6.) Proof of continuance 36 
(7.) Modifications of proof in claims for “not obscure” diseases. 36 
(8.) No claim for a disease “not obscure” should be allowed with- 
out some medical evidence being produced 37 
(9.) No distinction made as to proof in claims for the pathological 
sequences of diseases “obscure” and “not obscure” 37 
Diseases of prisoners of war, invalid claims for 37,38 
See “ Prisoners of war.” 
Duplicate calls for evidence 13 
(1.) General remarks as to 13 
(2.) Always improper 13 
(3.) Claimants should be informed wherein evidence is insufficient. 14 
Duty, line of. 
See “Line of duty” 10 
E. 
Evidence, character and amount of, necessary to establish 
CLAIMS FOR PENSION 10 
Record and parol. See par. 1 10 
How verified. General instructions. See Witnesses 12 
Duplicate calls for 13 
Circumstantial, in accidental wound cases. See par. 6 20 
In disease cases of record 21 
Parol, required to show the origin of diseases which appeared 
within six months after enlistment. See pars. 2,3 27 
Record. See par. 7 28 
Medical. See pars. 5, 6 34 
The best evidence should be called for, but if it cannot be obtained 
secondary evidence will be considered. See par. 2 36 
Examinations, special. 
See “ Special examinations.” * 
F. 
Fathers, dependent. 
Declaration for pension of 93 
Proof in claims of 93 
118 
INDEX INDEX. 
119 
Page. 
Fathers, dependent—Continued. 
See “Dependent fathers.” 
See “ Dependent relatives.” 
See “Dependent mothers” and “Contributions.” 
G. 
Gunshot-wound cases, proof in 16 
Gunshot-wound cases which are not fully established on 
A REPORT OF THE ADJUTANT GENERAL 16,19 
Gunshot-wound cases, accidental. 
Special examination of. See par. 6 20 
Gunshot-wound cases. 
Proof of “Continuance” not necessary. Par. 3 22 
Gunshot wounds, accidental. 
See “Accidental gunshot-wound cases.” 
H. 
Hernia and varicocele. 
Classed among injuries when not the result of disease. See par. 2. 38 
Proof in claims for, when not established on the 
RECORD 39 
(1, 2.) Proof of soundness required. How it may be shown. 39 
(3-8.) Origin; how established 39,40 
See pars. 1 and 2 40,41 
I. 
Increase of invalid pensions 52 
Declarations for 52 
Briefing claims for 53 
Legal review of claims for 53 
Medical review of claims for 55 
Increase of pensioned widow’s pensions 75 
Declarations for 75 
Claims for 75,79 
Increase of minors’ pensions 79 
Increase on account of minor children, claims of pensioned 
WIDOWS FOR 75 
(1.) Widow entitled, in addition to her own pension, to two dol- 
lars per month for each surviving child of the soldier under six- 
teen years of age 75 120 
INDEX 
Page. 
Indian and colored soldiers. 
Proof of marriage in claims of. See par. 2 71 
Injuries which are not established when the record shows 
EXISTENCE WITHIN SIX MONTHS AFTER ENLISTMENT 38 
(1.) Difference between wounds and injuries 38 
(2.) Hernia, varicocele, and varicose veins, when not the result of 
disease, are classed among injuries. Claims for injuries are not 
accepted as established upon a record which shows existence 
within six months after enlistment 38 
(3.) Claims for injuries should be carefully guarded 39 
(4.) Proof of “soundness” and “line of duty” in claims for in- 
juries 39 
Injuries other than hernia and varicocele not established 
ON THE RECORD, PROOF IN CLAIMS FOR 40 
(1.) The difference between proof required in claims for hernia 
and varicocele and other injuries not very great. The nature of 
the injury will indicate whether or not proof of soundness should 
be required 40 
(2.) Hernia and varicocele are obscure disabilities, and proof in 
claims for must be specific 41 
Injuries of record governed by ruling No. 55 41 
(1.) Proof required • 41 
(2.) Where there is a reasonable doubt, proof of soundness and 
origin should be required 41 
(3 ) Evidence of continuance not usually necessary—exceptions . 41 
Injuries and wounds not of record. 
(1.) Should not be considered with suspicion 42 
(2.) It is not just to raise a presumption against the soldier in a 
claim where there is no record 42 
(3, 4, 5, 6, 7, 8, 9.) When they should be specially examined; 
kind of proof necessary to establish them 42,43 
Invalid claims 9 
Facts necessary to establish in 9 
Declarations in 7,9 
Briefing, general rules for 43,46 
Legal review of 47,49 
Medical review of 55 
See “Pension claims.” 
Invalid pensions, increase of 52 
Declarations for 52,53 
Briefing claims for 53 
Legal review of claims for 53 
Medical review of claims for 55 INDEX, 
121 
Page. 
J. 
Jacket entries by examiners 14 
Joint affidavits always objectionable. See par. 3 12 
L. 
Lawful widow 72 
(1.) Claimant must prove she is the lawful widow of the soldier 
and that she has not re-married 72 
(2.) The amount of evidence required must depend upon the facts 
developed .72 
Legal bar to marriage. 
See “Marriage, legal bar to” 71 
Legal review of invalid claims 47,49 
Legal review of increase of invalid claims 53 
Legal review of widows’ claims (original and increase). .78,79 
Legal review of minors’ claims (original and increase)..85,86 
Legal review of dependent relatives’ claims 97 
Limitation in widows’ claims. See par. 1 74 
Line of duty 10 
In accidental wound cases. See pars. 2,3,4 19,20 
In injury cases. See par. 4 39 
See par. 1 (c) 9 
Loyalty : In Navy cases. See par. 4 102 
Must he proved in claims under the act of February 14,1871. See 
par. 4 105 
Not required to he proved in claims under the act of March 9,1878. 
See par. 4 105 
M. 
Malarial poisoning, sequences of. See pars. 5 and 6 25,26 
Marriage, legal bar to 71 
(1.) No proof required to show there was no legal bar to marriage, 
in addition to claimant’s own statements, unless a doubt is raised. 71 
(2.) Proof of marriage of colored and Indian soldiers 71 
(3.) Soldier’s children by a former marriage 72 
Proof of 71. 
Measles, sequences of. See par. 5 , 25 
Medical examinations 49,52 
Medical review of invalid claims (original) 49,52 
Increase (invalid) 55 
Widows’ (original and increase.) 122 
PHgC. 
Medical review of invalid claims—Continued. 
Minors’ (original and invalid) 85 
Dependent relatives’ 97 
Mexican War , 105 
Mexican War—claims for pension of invalids disabled in, 
AND THEIR WIDOWS AND MINORS 103 
(1.) Their right to pension governed by Sec. 4730, R. S 103 
(2.) Commencement of Mexican War pensions 103 
(3.) Character and amount of evidence required in 103 
Minors : 
Dependent—claims for pension of 94 
Navy—Rights of. See par. 1 101 
Of soldiers of the regular army. See pars. 3 and 4 100 
Of invalids disabled in the Mexican War 103 
Birth of 75 
(l.) How proved . 75 
(2.) Minor children must still survive 76 
(3.) ‘'Abandonment of minors” 76 
Increase on account of, 
Claims of pensioned widows for 75 
MINORS’ claims for pension (original and increase) 79 
(1.) Minors of soldier entitled when rights of widow do not inter- 
vene 79 
(2.) A minor under the pension laws is a person under sixteen 
years of age 79 
Declarations for, by guardian 80 
Proof in 80 
(1.) Guardian must produce in evidence a copy of his let- 
ters of guardianship, properly attested 80 
(2.) Minors, or guardian, must prove the facts necessary to 
establish the invalid claim. It must also be proved that 
the mother of the minors was the lawful wife of the sol- 
dier; that their mother has not re-married, and that she 
has in no manner become divested of her title, &c., &c . 80 
(3.) If the soldier left any minor child under sixteen years 
of age that fact should also be shown . 81 
(4.) Minors’ claims must be proven in the same manner as 
widow’s claims 81 
(5.) Minors’ claims for increase 81 
Briefing (original and increase), general rules for 81,83 
Legal and medical review of 85 
Minors’ pensions, commencement of 83,84 
INDEX INDEX. 
123 
Page. 
Mothers, abandonment of 90 
(1.) May be established by the testimony of two credible witnesses. 90 
Mothers, dependent. 
See “Dependent mothers” and “Dependent relatives.” 
N. 
Navy pensions - 100 
(1.) General remarks as to 100 
(2.) How records of service are obtained 100 
(3.) Records of disability are obtained from the Surgeon General 
of the Navy ' 100 
(4.) Character and amount of evidence necessary to establish 
claims for 100 
Declarations for. See par. 2 101 
Commencement of. See par. 1 101 
Navy pensions to invalids disabled since March 4, 1861, and 
THOSE WHO SUCCEED TO THEIR RIGHTS 101 
(1.) Commencement of invalid Navy pensions governed by the 
statute of limitation of March 3, 1879. Rights of widows, 
minors, and dependent relatives 101 
(2.) Applications and declarations 101 
(3.) Sec. 4694, Revised Statutes, governs the rights of sailors 101 
Navy pensions to invalids disabled prior to March 4, 1861, 
and to their widows and minors. 
(1.) Governed by the provisions of secs. 4728 and 4729, R. S.101,102 
(2, 3.) Commencement of 102 
(4.) Loyalty; how proven , 102 
Neighbors testifying to “continuance” should be corresponded with. 
See par. 7. 35 
O. 
“Obscure” diseases and diseases “not obscure” 30,37 
See “Diseases.” 
Origin— 
Of diseases which appeared within six months after enlistment not 
accepted on a record 27 
See “Diseases.” 
Accepted on the record in cases in which soundness is presumed. See 
par. 2 28 
Exceptions. See pars. 3, 4, and 5 29 
Of obscure diseases not of record, proof of. See par. 2 32 
Of diseases not obscure. See par. 5 36 124 
INDEX. 
Page. 
Origin—Continued. 
Of hernia and varicocele. See pars. 3-8 39,40 
Proof of, in claims for injuries should he required where there is a 
doubt. See par. 2 41 
P. 
Pathological sequences. 
See “Sequences” 24,26 
Pending claim, completion of 73 
(1.) Widow entitled to accrued pension 73 
(2.) Invalid part of the claim should not be delayed to take final 
action on widow’s claim for pension in her own right 73 
Pension claims, character and amount of evidence neces- 
sary TO ESTABLISH THEM 10 
(1.) Record and parol evidence 10 
(2.) Reports of Adjutant General and Surgeon General 11 
(4,5.) Parol evidence, medical and lay testimony 11 
Pensions of soldiers of the regular army. 
See “Regular army.” 
Pneumonia, sequences of. See par. 5 25 
Presence OR absence of officers or comrades testifying in all disease 
cases not established on the record should be verified by calls on 
the Adjutant General. See par. 3 30 
PRISONERS of war. Invalid claims of, for diseases 37 
(1.) The same character of evidence required as in other similar 
cases, but less evidence is necessary in cases in which the first 
paragraph of Order No. 74 applies 37 
(2.) The proof in all classes of claims governed by Order No. 74 
should conform to its provisions 37 
(3.) The effect of Order No. 74 38 
(4.) Diseases which are held to be incident to the service 38 
(5.) “Soundness,” condition at time of release, and “continuance” 
should be shown by the same character and amount of evidence 
as required in other disease cases of the same class 38 
(6.) Order No. 74 applies only to claims for disease, though the 
principle involved is the same as in claims for wounds and in- 
juries received while “prisoner of war” 38 
R. 
Rates. 
Table of rates fixed by law for total disability 107 
Table of rates and disabilities fixed by law 108 
Table of rates fixed by the Pension Office for certain disabilities not 
specified by law 109 Page. 
Eating. 
Approved claims, original and increase. General remarks as to the 
duties of raters 57,58 
Regular Army. 
Pensions of soldier of the Regular Army and those who succeed to 
to their rights 99 
(1.) Eights of soldiers of the Regular Army disabled prior to March 
4, 1861, and subsequent thereto, defined in sec. 4694, E. S 99 
(2.) The character and amount of evidence required the same as 
in claims for disabilities incurred in the war of the rebellion 99 
(3.) Rights of widows, minors, and dependent relatives 100 
(4.) To entitle widows and minors to pension, disability must have 
been contracted during a period of war 100 
Rejected claims. 
After being specially examined should not be admitted on rebut- 
ting evidence without a cross-examination of the witnesses giving 
such evidence. See par. 6 99 
Re-marriage of widow 73 
See “Widows.” 
Renewal of pensions, claims for 59 
Reports from the War Department 15 
(2.) Calls on the Adjutant General 15 
(3.) Calls on the Surgeon General 15 
(5,6.) Certificates of disability 16 
Re-rating of claims for invalid pensions 60,63 
Restoration, claims of invalid pensioners for X... 58 
Rheumatism : 
Sometimes an original disability and sometimes a sequence. See 
par. 4 27 
Sequences of. See par. 5 28 
s. 
SCURVY, sequences of. See par. 5 28 
Sequences, Pathological sequences of certain diseases 24 
(1, 2.) There must be an affinity between the original disease and 
the result 24,25 
(3.) Pathological sequences of diseases in arrears cases 25 
(4.) The proof of continuance must depend on the character of 
the disease 25 
(5.) Sequences of chronic diarrhoea, typhoid fever, malarial 
poisoning, small-pox, measles, sunstroke and pneumonia 25 
(6.) Malarial poisoning 26 
(7,8,9,10.) Proof of the sequences of chronic diarrhoea 26 
INDEX. 
125 126 
INDEX, 
Page. 
Scurvy-—Continued. 
Must be proved the same as other facts. See par. 6.. 28 
Pathological . 
. Proof necessary to establish them. See pars. 8,9,10,11,12 35 
Service pensions, declarations of soldiers or sailors for. 104 
(1.) How executed 104 
(2.) No new declaration required where a claimant applied under 
the Act of February 14, 1871, and afterwards applied under the 
Act of March 9, 1878 105 
(3.) Title to service pensions, and how established 105 
(4.) Loyalty must be proved in claim under .the Act of February 
14, 1871, but proof of loyalty is not required in claims under 
the Act of March 9, 1878 l 105 
(5.) How records of service may be obtained 105 
Widow’s declarations for. 
(1.) Points which must be covered by allegation 106 
(2.) Facts which widows’ must prove 106 
Small-pox, sequences of. See par. 5 25 
Soundness. 
Presumed in certain cases. See par. 2 21 
Must be proved in cases of diseases which appeared within six 
months after enlistment. See pars. 2, 3 27 
Presumed where soldiers served six months before incurring his 
disability. See par. 1 ! 28 
Proof of, in claims for obscure diseases, not of record. See par. 1. 32 
Proof ofthe same iu "obscure” and "not obscure” diseases. See 
pars. 3, 4 36 
Proof of, in claims for injuries. See pars. 2, 4 38,39 
Proof of, in claims for injuries, where there is a doubt, should be 
required. See par. 2 41 
Sunstroke, sequences of. See par. 5 25 
Surgeon General. 
Calls on. See par. 3 15 
Reports of. See par. 3 11 
Keports of, adverse 68 
(1.) Usually corroborative of adverse Adjutant General’s 
reports 68 
(2, 3.) Discrepancies between soldier’s statements and the 
record, and how explained. 68 
Special examination of claims for pension >. 97 
(1.) Can be had in all classes of claims when deemed proper by 
the office. The three classes of claims which should be spe- 
cially examined 97 INDEX, 
Page. 
Special examination of claims for pension—Continued. 
(2.) No claim of the first class should be specially examined ex- 
cept there is a doubt well founded on facts elicited in the usual 
manner 98 
(3.) Claims which appear to be meritorious, but are inadmissible, 
should be specially examined 98 
(4.) Chief object of a special examination 98 
(5.) Admitted claims should not be drawn from the files and spe- 
cially examined except upon the special order of the Commis- 
sioner or a Deputy Commissioner 98 
(6.) A rejected claim should not he admitted upon rebutting evi- 
dence without a cross-examination of the witness or witnesses 
giving such evidence 99 
(7.) Duties of special examiners are delicate and important 99 
(8.) Order No. 76, relating to the reference of claims for special 
examination 99 
Special examination of accidental gunshot wound cases. See par. 6.. 20 
Testimony. 
Medical and lay. See pars. 4 and 5 11 
See “Evidence” and “Witnesses.” 
Typhoid Fever, sequences of. See par. 5 25 
V. 
Varicocele and hernia. ' 
Classed among “injuries” when not the result of disease. See 
par. 2 38 
See “Hernia and varicocele” and “Injuries.” See par. 2. 41 
Varicose veins. See par. 2 38 
W. 
War Department—reports from. 
See “Reports from the War Department.” 
War of 1812, survivors of, and their widows 103 
(1.) Service pensions under sections 4736, 4737, and 4738, R. S., 
and act of March 9, 1878 103 
(2.) Who are entitled 103 
(3.) Pensions for fourteen (14) days’ service under the act of March 
9, 1878, to soldiers and their widows 104 
See “Service pensions.” 
Widows’ pensions, claims for, original and accrued 68 
(1.) The basis of a widow’s title is an invalid right 68 
(2.) Facts which must be proved to give title to widow in cases 
where soldier’s right has been established 69 
127 128 
Page. 
Widows’ pensions, declarations for 69 
Proof in widows’ claims for original pension 69 
(1.) Facts which must be proved to give title to widow... 69 
(2,3.) Cause of soldier’s death, and how it may be shown 
when there is no record 70 
(4.) The invalid right must be first established 70 
(5.) How the death cause in certain cases should be proven- 70 
(6.) Claimants must have been legally married to the soldier 70 
(7.) How marriages should be proven 70 
Proof of marriage 71 
Legal bar to marriage (of widow). See “Marriage, legal 
BAR TO” 71 
Death of soldier 72 
Lawful widow . 72 
Re-marriage of widow 73 
Widow’s status where soldier filed an application.. 73 
(1.) Widow entitled to accrued pension to end on the day 
of the soldier’s death 73 
(2.) How widow can establish the basis of a claim in her 
own right 73 
Pending claims (invalid), completion of 73 
Commencement of , 74 
(1.) Limitation applies subsequent to June 30, 1880 74 
(2.) A widow who has re-married since July 1, 1880, and 
has filed no application, can draw no pension 74 
(3.) Commencement of widow’s pension in cases where sol- 
dier died subsequent to his discharge, having a claim for 
pension pending 74 
Declaration of widow for increase 75 
Claims of pensioned widows for increase on account 
of minor children 75 
Proof of birth of minors 75 
Briefing claims for (original and increase) 76,78 
Legal and medical review of widows’ claims for orig- 
inal PENSIONS, AND LEGAL REVIEW FOR INCREASE 78 
Widows— 
Of soldiers OF the Regular Army. See pars. 3 and 4 ... 100 
Navy, rights of. See par. 1 101 
Of soldiers of the Mexican war 103 
Of the War of 1812 103 
Declaration for service pensions 106 
Of pensioners 74 
INDEX Page. 
Witnesses and the officers before whom evidence may be 
VERIFIED 12 
(1.) Relationship between witnesses and claimants 12 
(2.) Disinterestedness; personal knowledge 12 
(3.) Joint affidavits are always objectionable 12 
(4.) Personal bandwriting of witnesses making affidavits desirable. 
Interlineations' 12 
(5.) Testimony of relatives 12 
(6.) Official certificate of judicial officers using a seal and of com- 
missioned officers of the Army or Navy in actual service ac- 
cepted 12 
(7.) Officers certifying to evidence must be disinterested. 13 
(8.) Duties of officers certifying to evidence 13 
See “Evidence.” 
Competency of, in claims for “obscure” and “not obscure” 
diseases. See par. 6 31 
Wounds and injuries not of record 42,43 
See “Injuries.” 
INDEX. 
129