« AnteriorContinuar »
REGULATIONS RELATING TO ARMY AND NAVY PENSIONS FOR THE GUIDANCE OF
CLAIMANTS AND ATTORNEYS.
All declarations and evidence must be executed in accordance with the provisions of the act of Congress approved July 26, 1892.
Blank forms for a declaration will be furnished to claimants upon application therefor, but will not be furnished to attorneys and claim agents.
The declaration should set forth the company and reg. iment in which the applicant served, the name of the commanding officer of the company or organization, and the dates of enlistment and discharge. In Navy cases the vessel upon which claimant served should be stated. If the claim is made on account of a wound or injury, the declaration should set forth the nature and locality of the wound or injury, the time when, the place where, and the circumstances under which it was received, and the duty upon which the applicant was engaged.
If the wound or injury was accidental, the applicant should state whether it happened through his own agency or that of other persons, and he should minutely detail the circumstances under which it was received.
If the claim is made on account of disability from disease, the applicant should state in his declaration when
the disease first appeared, the place where he was when it appeared, and the duty upon which he was at the time engaged. He should also detail the circumstances of exposure to the causes which, in his opinion, produced the disease. Whether the application be made on account of disability from injury or disease the claimant should state the names, numbers, and localities of all hospitals in which he received medical or surgical treatment, giving the dates of his admission thereto as correctly as he may be able.
The applicant should state whether he was in the military or naval service prior to or after the term of service in which his disability originated.
The applicant should state his postoffice address. In cities, the street and number of his residence should be given.
The identity of the applicant must be shown by the testimony of two credible witnesses, who must appear with him before the officer by whom the declaration may be taken.
NATURE OF THE EVIDENCE REQUIRED TO SUSTAIN A CLAIM
FOR INVALID PENSION. As soon as practicable after the receipt of a claim for pension, application will be made by this office, in Army cases, to the Adjutant-General and the Surgeon-General of the Army, for a report of the applicant's service and evidence in regard to the disability alleged which may appear upon the rolls and other records in the possession of those officers. In Navy cases application for such evidence will be made to the proper Bureaus of the Navy Department.
When the records of the War and Navy Departments do not furnish satisfactory evidence that the disability
on account of which the claim is made originated in the service of the United States and in the line of duty, the claimant will be required to furnish such evidence, in accordance with the instructions hereinafter given, compliance with which must be full and definite; and if the disability results from a wound or other injury, the nature and location of the wound or injury, the time when, the place where, and the manner in which it was received, whether in battle or otherwise, should be shown by the affidavit of some one who was a commissioned officer and had personal knowledge of the facts.
If the person called upon to give evidence is still in the service as a commissioned officer, his certificate will be accepted in lieu of his affidavit.
If there is no record of the disability claimed, the applicant will be called on to furnish the testimony of the surgeon by whom he was treated, showing the location and nature of the wound or injury and the circumstances under which it was received. If the disability arises from disease, the testimony of the person who was surgeon or assistant surgeon of the regiment to which the applicant belonged, or the vessel on which he served, should, if possible, be furnished, showing the name or nature of the disease, the time when, the place where it was contracted, and the circumstances of exposure to the causes which, in his opinion, produced the same.
The surgeon should state whether, in his opinion, the habits of the applicant had any agency in the production of the disease.
In any claim, whether made on account of injury or disease, if it be shown that the testimony of a surgeon, assistant surgeon, or other commissioned officer cannot be produced as evidence of the origin of the disability alleged, the testimony of other persons having personal knowledge of the facts will be considered.
In a claim on account of disability from disease, he must furnish the testimony of the physicians who have attended him since the date of discharge, explicitly setting forth the history of the disease and disability since its first appearance. It is especially important that the physician who first attended the applicant after his discharge should state the date at which his attendance commenced and his condition at that time. If it should not be possible for the applicant to show the condition of his health during the whole period since the date of his discharge by the testimony of physicians, the cause of his inability to do so should be stated by him under oath. The testimony of other persons on this point may then be presented. The statement of the witnesses in regard to the manner in which the applicant was affected should be full and definite, and they should state how they obtained a knowledge of the facts stated by them.
A pensioner who may deem himself entitled to an increase of pension should file a declaration setting forth the ground upon which he claims such increase.
CLAIMS FOR RENEWAL OF PENSIONS.
Applications for renewal of pension must be made to the Commissioner by a declaration executed as in original claims, setting forth that the cause for which pen. sion was allowed still continues.
In cases of unclaimed pensions, evidence must be filed satisfactorily accounting for the failure to claim such pension; and, in invalid claims, medical evidence showing the continuance of the disability.