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Full text of "Orders, instructions, and regulations governing the Pension Bureau"



I 1 



ORDERS, INSTRUCTIONS, AND 
REGULATIONS 

GOVERNING THE 

PENSION BUREAU 
1915 



^^i*arihdM*ri 






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UNITED STATES GOVERNMENT 

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Orders instructions, and regulations go 




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(3—1239) 



ORDERS 
INSTRUCTIONS AND REGULATIONS 



GOVERNING THE 



PENSION BUREAU 



COMPILED BY ORDER OF 

THE COMMISSIONER OF PENSIONS 

UNDER THE AUTHORITY OF 

THE SECRETARY OF THE INTERIOR 



1915 




WASHINGTON 

GOVERNMENT PRINTING OFFICE 

1915 



H1 ^% — ' 

— erfe — -• 

These orders, instructions, and regulations governing the Pension 
Bureau have been very carefully prepared under the personal direc- 
tion of the commissioner, who has been given valuable assistance 
by the following gentlemen, namely: Deputy Commissioner E. C. 
Tieman, Mr. C. M. Yeates, Mr. J. B. Albright, Mr. S. A. Cuddy, Mr. 
G. R. Davis, Mr. E. W. Morgan, Mr. T. R. Raines, Dr. A. H. Thomp- 
son, Mr. Mortimer Whitehead, and Dr. A. D. Wilkinson. 

The numbers of orders have been omitted, because this work is a 
codification of aU the regulations arranged in logical order in con- 
nection with the various subjects. Instead of two books, as form- 
erly, one being for "Orders," the other for "Practice," all of the 
regulations on either subject are comprised in this volume. 

Gaylord M. Saltzgabee, 

Commissioner. 

April 5, 1915. 



^ 



ORDERS, INSTRUCTIONS, AND REGULATIONS 

GOVERNING THE 

PENSION BUREAU. 



DEFINITIONS. 

1. In detenmning the meaning of the words used in these Orders, 
Enstructions, and Eegiilations the singular may be held to include 
the plural; the plural the singular; the masculine may apply to the 
feminine; the feminine may apply to the masculine; the words "insane 
person" and "lunatic" shall include either an idiot, one non compos 
mentis, lunatic, or insane person; reference to any "ofiicial" shall 
include any person authorized by law to perform the duties of such 
office, unless the text shows that such words were intended to be 
used in a more limited sense; the requirement of oath shall be deemed 
complied with by making affirmation in judicial form; the word 
"guardian" shall include tutor or other person judicially performing 
the duties of such trust office; "and" may be read "or" and "or" 
may be read "and," if the sense requires it; words of the present 
may include the future tense; where provision by law is made for 
all, and where the word "soldier" is used therein it may be held to 
include "sailor" or "marine." 

ORGANIZATION OF BTJEEATJ. 

For the convenient transaction of the business of the bureau, the 
following assignment of duties is made: 

2-. The commissioner will supervise the business arising in the 
following-named divisions: Medical Division, Law Division, Board 
of Review, Finance Division, and Special Examination Division. 

3. The deputy commissioner will supervise the business arising 
in the following-named divisions: Army and Navy Division, Civil 
War Division, Record Division, Certificate Division, and Disbursing 
Division. 

4. The chief clerk wUl have supervision of the business of the 
Mail and Supplies Division, Revolutionary War Section, Admitted 
FUes, and Abandoned FUes. 

5. All cases involving intricate questions of law or of fact, and all 
cases involving a first payment of $500 or more, shall be brought to 
the attention of the commissioner by the Certificate Division for his 
personal consideration and action. 



2 EEGULATIONS GOVERNING PENSION BUREAU. 

6. The chief clerk, with the aid of the assistant chief clerk, shall 
have control of the personnel of the bureau and see that proper dis- 
cipline is maintained; shall have charge of aU papers relating to 
appointments, promotions, demotions, transfers, reinstatements, and 
dismissals; the preparation of the pay roll, the central accounting 
system of the bureau;. the custody, press copying, and distribution 
of the decisions and orders of the Secretary of the Interior and the 
commissioner, and the preparation of the estimates of appropriations 
aflFecting the Bureau of Pensions, and such other duties as may be 
assigned to him by the commissioner, or as may be required of him 
by law. He shall, as required by law, administer oaths. 

7. The assistant chief clerk, in addition to aiding the chief clerk, 
shall, in the absence of the chief clerk, perform his duties. 

8. The law clerk shall have charge of particular claims which are 
submitted to him and advise the commissioner with reference thereto, 
and perform such other duties as shall be assigned to him from time 
to time by the commissioner. 

FUNCTIONS OF DIVISIONS. 

9. Board of Review. — Shall be composed of expert examiners, who 
shall review and determine all claims for pension before final action 
is taken, and shall determine questions of reopening in cases which 
have been rejected on legal grounds, and have charge of aU matters 
relating to reduction, recovery by recoupment, dropping, and appeals 
to the Secretary of the Interior from the action of the bureau, except 
appeals in connection with claims under the act of March 3, 1899, 
and appeals as to title to fee or recognition as attorney. 

The personnel of the Board of Eeview wiU be determined by the 
commissioner. 

10. Medical Division. — ^The medical referee shall perform such 
duties as are prescribed in section 4776, Revised Statutes; shall 
issue orders for medical examinations and keep a record of the same; 
shall examine and audit the accounts of examining surgeons; shall 
determine from the evidence and medical examinations the proper 
rates for pensionable disabilities in invalid claims; and shall determine 
all medical and surgical questions which may arise in any case, 
including that of reopening in cases which have been rejected on 
medical grounds. 

11. Law Division. — Shall have charge of questions of law, includ- 
ing marriage, divorce, and guardianship; matters involving criminal 
features and recovery by civil action; matters of division of pensions 
under the act of March 3, 1899, including appeals therein; matters 
arising in the adjudication of claims under the act of August 8, 
1882, and those under the acts of February 20, 1905, and February 



EEGtTLATIONS GOVERNING PENSION BUREAU. 3 

2, 19G9; matters of discipline of attorneys; questions relating to 
attorneys or their fees, when properly submitted, including appeals 
therein; shall keep the roster of attorneys, and advise the bureau of 
changes therein; determine the validity and suificiency of all decla- 
rations, and the particular law under which the same are to be adju- 
dicated; shall keep a record of the official character and signature 
of officers (not required by law to use a seal to authenticate their 
official acts) authorized to administer oaths for general purposes, 
noting changes therein; furnish abstracts of evidence and informa- 
tion on proper call made by any other branch of the Government; 
furnish copies required by the act of August 24, 1912; answer mis- 
cellaneous correspondence not properly referable to other divisions; 
transmit cases to Congress through the department when required; 
transmit pension cases direct to the several committees of Cotigress 
on call therefor; report on prospective or proposed legislation affect- 
ing pensions; keep record and make reports of special acts granting 
pensions; supervise the return of copies and the originals of papers 
filed as proof in claims in the Pension Bureau; and shall perform such 
other duties as may be required by the commissioner. 

12. Special Examination Division. — Shall have charge of cases 
requiring special examination in the field; prepare indexes of same; 
direct the method of inquiry by special examiners; aid in prose- 
cuting ofi'enders against the pension law; and audit the expense 
accounts of the special examiners. 

13. Army and Navy Division. — Shall have charge of the settle- 
ment of all claims for bounty land; shall have charge of all claims 
under any law in which there appears a service rendered prior to 
March 4, 1861, or a service rendered in the War with Spain, or 
in the United States Navy, or in the Coast Guard, or in the Eegular 
Army at any time, or in any miscellaneous United States organiza- 
tion, and of claims for reimbursement under the act of March 2, 
1895, and shall have custody and furnish certificates of all docu- 
ments required by act of May 30, 1908. 

14. Oivil War Division. — Shall have charge of the settlement of all 
claims arising out of the military service during the Civil War, 
except claims which are specifically assigned to the Army and Navy 
Diyision. 

16. Record Division. — Shall have charge of recording, jacketing, 
and numbering claims for pensions, and have custody of the records 
thereof; shall keep a record and prepare copies required by the act 
of May 11, 1912, as amended; shall have charge of reports of the 
removal of charges of desertion forwarded to the bureau by the 
War Department, and the collection of names and post-ofiice ad- 
dresses of surv-ivors of the Army and Navy, and furnishing the same 
to the several divisions of the bureau when required; shall flat file 



4 REGULATIONS GOVERNING PENSION BUEEATT. 

and make card indexes of the documents and claims arising out of 
the War of 1812, and shall have custody thereof. 

16. Certificate Division. — Shall have charge of issuing, numbering, 
and recording certificates granting pensions, designating the groups 
at which payable, the granting of permits to draw pension, and the 
issuing of duplicate certificates where pension certificates have been 
lost or destroyed; and shall have charge of the raters section. 

The Certificate Division shall, in transmitting the certificate to the 
Finance Division, furnish all proper information not shown by the 
certificate itself, such, for instance, as that relating to post-office 
address and payee's name where the pension is payable to a person 
other than the pensioner, etc. 

17. Finance Division. — Shall have charge of the pension roll, and 
note all changes therein; shall prepare pension vouchers and voucher 
and nonvoucher pension schedules for certification by the Com- 
missioner of Pensions to the disbursing clerk for payment; shall 
make the administrative examination of all accounts of the dis- 
bursing clerk, required by the Dockery Act (28 Stat., 205); shall 
make requisitions upon the Treasurer of the United States for funds 
for the payment of pensions and fees of examining surgeons; shall 
make estimates for appropriations for pensions and of the cost of any 
proposed pension legislation; shall keep accounts of pension dis- 
bm^ements; shall prepare statements and tabiilations dealing with 
matters above enumerated as needed throughout each year, and for 
the purpose of the annual report of the commissioner; and shall 
drop the names of pensioners from the roll on account of death 
and other causes. All reports of admissions to and discharges from 
the National Home for Disabled Volunteer Soldiers, the United 
States Soldiers' Homes, the United States General Hospital at Fort 
Bayard, N. Mex., U. S. Naval Home, Naval Hospital, and the Gov- 
ernment Hospital for the Insane shall be appHed by the Finance 
Division to the cases to which they relate. Notations on the jacket 
of change in group due to transfers shall be made in said division, 
and cases shall be referred from that division bo the Law Division 
when action is required in the latter division in connection with 
claims for division of pension under the act of March 3, 1899. 

18. Disbursing Division. — Shall have charge of making, issuing, 
and transmitting all checks in payment of pensions upon vouchers, 
pay rolls, or schedules furnished by the Chief of the Finance Division; 
of the notation and certification of payments upon such vouchers, 
pay rolls, and schedules, and the submission of same to the Chief of 
the Finance Division for administrative examination; of the can- 
celation of checks for any proper cause, and reporting of same to the 
Finance Division; of the preparation and approval of indemnifying, 
bonds for lost or destroyed checks and the issuing of duplicate 



REGULATIONS GOVERNIKG PENSION BUREAU. 5 

checks in lieu thereof; of the preparation of daily and monthly 
reports showing the amount of payments by classes and the daily 
and monthly balances; of the changing of post-ofl&ce addresses of 
pensioners; and of all correspondence pertinent to that division. 

19. Mail and Supplies Division. — Shall have charge of all sta- 
tionery, furniture, typewriters, and other supplies, and the printing, 
binding, and engraving of all blanks, record books, pension certifi- 
cates, etc., used by the bureau, the special examiners in the field, 
and the examining surgeons; shall issue supplies upon properly ap- 
proved requisitions, an account being kept with each division and 
each employee not assigned to a division; shall fill all properly 
approved requisitions made by examining surgeons and special 
examiners in the field; and shall have charge apd distribution of 
the incoming and outgoing mail. 

20. Admitted Files. — Shall contain all cases in which a certificate 
has been issued, except those withdrawn for flat filing. Cases shall 
be filed in numerical order in two series — one for the invalid and 
the other for the widow, minor, and dependent cases. 

21. Abandonel Files. — Shall contain all original claims which have 
been rejected or in which no evidence has been filed for the period of 
one year after call for the same has been made. Upon the receipt 
of a qlaim in the Abandoned Files the word "Rejected," or, as may 
be appropriate, "Abandoned," shall be stamped on the jacket, and 
a file slip made and placed in the pending files showing the disposition 
of the case. 

CONDUCT OF BUSINESS. 

DISCIPLINE. 

22. All employees of the bureau, including chiefs and assistant 
chiefs of division, shall be required to be at their respective desks ready 
for work promptly at 9 o'clock a. m., and must not leave until 4.30 
p. m., except for the regular half hour allowed for lunch between 
12.30 and 1 p. m., unless otherwise employed on official business, or 
excused by proper authority. Absence at any other time during 
office hours wiU be noted for deduction from the leave allowance. 
Tardiness, whether upon arrival for duty in the morning or on return 
after luncheon, must be reported in all cases and proper action had 
thereon. No preparation for departure shall be made until 12.30 
and 4.30 p. m. 

23. Chiefs of division and principal clerks, to whom these rules 
also apply, shall require clerks and employees under their charge to 
devote their time exclusively to the business of the Government. 
If there be a superfiuous force in any division or room prompt report 
thereof must be made to the chief clerk in order that such employees 



6 EEGULATIONS GOVERNING PENSION BUREAU. 

may be assigned to other work. Reading newspapers and books not 
pertaining to official duties, preparing private letters, and doing 
other writing which is irrelevant to the business of the bureau during 
office hours are prohibited. Loitering and entertaining visitors in 
the court and corridors of the buUding are also strictly prohibited 
and disregard hereof will be considered sufficient cause for dismissal. 
Those in charge of the court and corridors should report violations to 
the chief clerk. 

24. Employees of the bureau will not be admitted to the office 
rooms before 8.30 a. m. or after 4.30 p. m., except upon passes 
issued by the chief clerk. They shall be required to leave the building 
not later than 5 p. m., unless they have passes from the chief clerk 
permitting their presence in the building after that hour. All desks 
must be left in a neat and orderly condition when vacated at the close 
of the day's business. 

25. Personal visits to or by clerks during office hours on other than 
official business will not be permitted. When such visit is necessary 
a clerk must obtain from the chief of his division a permit for his 
temporary absence and present the same to the chief of the division 
visited. Violations of this rule shall be reported to the commissioner. 

26. Female clerks of the bureau will not be permitted upon the 
fourth floor of the building at any time. 

27. The only parts of the Pension Building which are open to 
visitors during business hours are the court, the corridors on the 
first and second floors, and the rooms of the commissioner, deputy • 
commissioner, and chief clerk. No persons, under any pretext, shall 
be allowed to enter .the rooms occupied by the clerical force during 
working hours. If for any good reason it is deemed advisable to send 
a visitor to a division to see a clerk, the name of the clerk shall be 
written on a card and the visitor shall be permitted to see only such 
employee, the chief of the division taking up the card. It is the 
intention that a card shall entitle the bearer to visit but one division. 
As a rule visitors shall not be permitted to see employees during work- 
ing hours, except in special cases, and then only upon application to 
and permission granted by the chief clerk. AU persons not employed 
in the bureau who desire to see any of the employees therein shall be 
referred by the watchmen to the chief clerk. 

28. No interview for the purpose of obtaining information in-con- 
nection with claims on file in this bureau shall be granted by any 
employee (except to other clerks in the course of official business) 
without the permission of the commissioner, deputy commissioner, 
or chief clisrk, and no information touching the conduct and operation 
of the bureau shall be furnished the press, or other persons not enti- 
tled thereto, by special examiners in the field or clerks in the bureau 
proper. Whenever any information of an official character is sought 



KEGULATIONS GOVEENING PENSION BUEEAU. 7 

by a member of the press or other person he should be told that the 
Bureau of Pensions is always open and that his inquiry, if addressed 
to the commissioner, will receive proper consideration. 

29. Official papers emanating from the office of the Secretary of 
the Interior, or any information therefrom, shall not be given to 
the public in or through the subordinate offices of the department. 
Proper facilities and privileges will be afforded in the Secretary's 
office for the promulgation of such matters of public interest as it 
may be desirable to publish. This order is not intended to interfere 
with the furnishing of decisions for such periodicals as make a spe- 
cialty of publishing them. 

30. Papers from the files of the bureau must not be intrusted to 
anyone not an employee of the bureau to carry from one division to 
another or from one room to another. 

31. Employees must not undertake to advise or direct claimants 
for what disabilities they shall claim pension in order to insure the 
success and passage of their claims. The bureau is not established 
as a claim agency, and he who prosecutes, or seeks to prosecute 
pension claims, must do so from the outside. Offenses of this char- 
acter are unpardonable, and their occurrence under any circumstances 
will not be tolerated or overlooked. 

32. Conversing with outside parties relative to business under the 
supervision of the bureau or department is strictly forbidden. 

33. It is to be expressly understood that promotions shall be based 
purely upon merit. Outside influence interferes with the proficiency 
of the service. If the commissioner has reason to believe that a clerk 
has resorted to outside influence to secure his advancement it will be 
noted to his discredit. Personal apphcations for promotion are 
annoying and consume much time which should be devoted to official 
business. Employees will materially forward their chances for pro- 
motion by strict attention to their duties. 

34. The throwing of lunches, lemon and orange peel, etc., out of 
the windows or over the balconies is forbidden. Remains from lunches 
and other refuse matter shall be placed in proper receptacles which 
are on the corridors for that purpose. Nothing is to be put in the 
waste basket except waste paper. Mixing broken glass and other 
refuse matter with the waste paper is a serious menace to those em- 
ployed in packing it and wiU be summarily punished. 

On the first of every month the desk of each employee, the ward- 
robes, and other furniture shall be thoroughly cleaned out, and all 
papers, books, wearing apparel, and other articles which do not per- 
tain to official duties, or which are not necessary to the welfare or 
comfort of the employee shall be placed on the corridor outside of the 
division, so that the superintendent may remove them ; and at all 
times the desks shall be kept in such orderly and cleanly condition. 
Barricades and screens must not be allowed on top of the desks. 



8 REGULATIONS GOVEENING PESTSION BUKEAU. 

Chiefs of division are charged with the inspection of desks and 
required to enforce strictly the provisions of this section. 

35. Smoking on the fourth floor and in the basement of the Pension 
BuUding and in the working and toilet rooms is prohibited at all 
times; it is allowed in the open court (not set aside for working 
purposes) and in the corridors before 9 o'clock a. m., after 4.30 o'clock 
p. m., and during the lunch hour. Chiefs of division should by ex- 
ample and precept enforce this rule. 

36. Employees of this bureau shall be paid only when their divisions 
are paid. When they are on leave or an emergency arises, payment 
may be made on permission granted by the chief clerk. 

37. The Pension Bureau shall not be used as a collecting agency, 
or as a refuge for any employee who deliberately contracts debts 
upon the strength of his official position and then neglects to pay 
the same. Gross or habitual commercial misconduct of an employee 
must be regarded as inconsistent with the qualities of character es- 
sential to honorable public service and shall be treated accordingly. 

38. The use of the telephone for private messages is prohibited 
except in case of great emergency, such as death, sickness, fire, 
accident, and the like, and then only on permission of the chief 
clerk. When permission is granted, the operator shall be informed 
that the message is a private one, and it shall not be allowed by the 
operator to take precedence of any pending official message, and it 
should be transmitted through the division telephone. Pay stations 
are installed through which personal business, when necessary during 
office hours, may be transacted. 

39. Special examiners must comply with the rule requiring that all 
official communications intended for this bureau shall be addressed 
to the Commissioner of Pensions. 

40. Solicitations of money from employees of this bureau for 
political purposes are improper and forbidden, and all employees 
are advised to pay no regard to them. 

41. In the distribution of the messenger force of this bureau the 
quota of said force in each division shall, after assignment, be entirely 
under the charge of the respective chiefs, who shall make a report 
as to their presence or absence daily in connection with the forces 
of said divisions. 

42. Messengers must report to their respective rooms promptly 
at 8.45 a. m. each morning and at once open the windows in the 
working rooms of the bureau, keeping thena open for 10 minutes and 
closing them promptly at tap of the five-minute bell. They are 
also required to see that the working rooms are thoroughly aired 
by opening the windows for three minutes at 11 a. m. and 3 p. m., 
the windows to be opened and closed on the tap of the bell. Chiefs 



REGULATIONS GOVERNING PENSION BUREAU. 9 

of division should see that the ventilation of the working rooms 
under their charge at the times above stated is properly attended 
to. Before leaving the bureau in the evening, messengers shall 
see that the awnings are pulled up and all windows closed and 
fastened, carefully noting that the upper sashes are secured, so 
that, in the event of a sudden storm after ofl&ce hours, no damage 
will be done. It is not a part of the messengers' duties to carry 
private messages from one part of the building to another, and 
such practice is prohibited. 

GENERAL AS TO ALL DIVISIONS. 

43. a. When a communication or inquiry as to any pension claim 
shall furnish no clue to the identification of said claim other than the 
name of the claimant, the Mail and Supphes Division shall return 
such communication to -the writer with a request for additional data, 
but no return penalty envelope shall be sent to the writer unless the 
matter to which the inquiry relates apparently affects the interests of 
the Government. 

h. Letters alleging fraud on the part of persons on the pension 
roU, or in claims for pension shall be forwarded to the Law Division 
for proper action; letters giving notice of death of a pensioner shall 
be forwarded to the Finance Division. 

c. Calls for marriage circulars not with the files must be made on 
Form 3-416 to the Mail and Supphes Division, which has the cus- 
tody of such circulars. 

44. No supplies must be issued to any division or room in the 
bureau unless a requisition signed by the head of the division or room, 
or by some one duly authorized to sign such requisition, shall bp pre- 
sented to the chief of the Mail and Supplies Division. 

45. Chiefs of division shall inform the chief clerk and assistant chief 
clerk of the death of members of their divisions at the earliest possi- 
ble date, giving the hour of demise if known. This is necessary in 
order that the report required by the department may be made with- 
out delay. 

46. a. Chiefs of division shall send to the chief of the Mail and 
Supplies Division, on the last day of each month, the names and num- 
bers of the typewriting machines in their respective divisions and the 
condition* of each by number. 

h. A chief of division must not permit a typewriting machine to be 
transferred from his division without first having the charge in the 
Mail and Supplies Division removed. 

INSTKTJCTIONS BY CHIEFS OF DIVISION. 

47. All general instructions issued by the chiefs of division for the 
transaction of business under their supervision shall be in writing 



10 REGULATIONS GOVERNING PENSION BUREAU. 

and a copy thereof shall be sent to the chief clerk for his information, 
and he shall communicate the same to the chiefs of the other divisions. 

48. Any change which is considered proper by a chief of division 
affecting the official relations of employees, shall be first communi- 
cated by the chief of division in writing to the chief clerk, who shall 
submit the same to the commissioner and have his approval before 
any change shall take effect. 

OFFICIAL COMMtnriCATIONS. 

49. Every writing emanating from any division of this bureau 
expressing official action, or being in the nature of an ofl&cial commu- 
nication proper to be signed by the chief of the division, should be 
over his signature, written or stamped, and the same shall show the 
initials of the person preparing the same. This direction shall not 
apply to the action of an examiner or reviewer noted on a face brief. 

50. In aU cases wherein special investigation is called for, the letter 
suggesting the same shall be prepared with carbon copy, and both 
original and carbon forwarded to the Special Examination Division 
with the papers. 

51. All correspondence to which the signature of the commissioner 
shall be affixed by means of a stamp, shall be finished and the stamp 
affixed in the division without sending it elsewhere for that purpose. 

52. If, in the adjudication of a claim for pension, it be determined 
that the declaration was intended as a claim under a different law 
from that under which it is recorded in the Record Division, final 
action should not be taken until the records are corrected to show the 
proper act. The Board of Review and the adjudicating divisions shall 
see that these instructions are complied with. 

53. a. Chiefs of division shall make a daily report in duplicate, 
one to the chief clerk and one to the commissioner, containing such 
information and in such form and maimer as shall be required from 
time to time by the commissioner. 

&. Chiefs of division shall in like manner make a monthly report 
of the work in their respective divisions to the chief clerk. 

54. a. Communications not relating to a claim on file, or which 
contain charges of irregularities or violations of law, those relating to 
claims under the act of March 3, 1899, and those (where there are 
doubts) relating to attorneyship and fee, shall be referred to and 
answered by the Law Division. 

h. Communications relative to bounty land shall be referred to the 
Army and Navy Division. 

f. Communications relative to a claim on file, unless otherwise 
provided, shall be forwarded to the proper adjudicating division. 

d. All letters reporting deaths of pensioners shall be forwarded to 
the Chief of the Finance Division, who shall make proper record, of 



REGULATIONS GOVERNING PENSION BUREAU. 11 

the death and furnish any blank declarations that may be proper, 
and in claims under the act of May 11, 1912, shall notify the Chief of 
the Record Division by a slip giving the name, service, and date of 
death. 

55. a. AH claims for pension shall be sent to the Law Division for 
examination as to validity and sufficiency, the official character of 
the authenticating officer, and status of attorney. In case the 
applicant for pension announces the death of a pensioner, the Law 
Division shall at once send notice in reference to same to the Finance 
Division. Original applications for pension shall be forwarded by 
the Law Division to the Record Division. The Record Division 
shall, after it has completed its action, send .such applications to the 
proper adjudicating divisions. 

6. Applications for increase of pension shall be sent direct from the 
Law Division to the proper adjudicating divisions. 

c. Claims for reimbursement under the act of March 2, 1895, shall 
be sent through the Law Division to the Army and Navy Division. 

d. All requests for blank applications for pension not relating to a 
particular case shall be sent to the chief clerk. Other requests shall 
be applied to the cases to which they pertain for proper answer. 

56. The division applying the notices of death in pending original 
claims shall note the death on the jacket with rubber stamp provided 
for that purpose. 

57. When a subpoena is served upon a special examiner on duty 
in the field requiring his attendance as a witness or to assist in the 
prosecution of a case arising out of a claim for pension under any of 
the United States statutes in a Federal court, he shall comply there- 
with and charge his transportation expenses and per diem as if on 
regular duty, and shall make prompt report of such occurrences. 

DECLARATIONS. 

58. If a declaration for pension was executed on the same day the 
soldier was mustered out of the service, he shall be required to file his 
affidavit showing whether such declaration was sworn to by him prior 
to or after his discharge, unless such information is set forth in the 
declaration. This is proper to determine the validity of the declara- 
tion. 

59. To give the soldier the full benefit of the law in his behalf, and 
to promote the prompt and efficient adjudication of claims, it is 
hereby ordered: 

a. Hereafter every claimant for original invalid pension, or on 
account of a "mew disability," under the general law (sec. 4692, R. S.), 
shall be required to state in the body of the declaration each and every 
permanent disability which he claims he contracted in the service in 
line of duty, and also to state definitely that the disabihties named 



12 EEGULATIONS GOVEENING PENSION BUREAU. 

are the only disabilities so contracted. If such statement be not 
embodied in the declaration, the claimant shall be required to make it 
in a supplemental affidavit before a medical examination shall be 
ordered; and this requirement shall also apply to claims heretofore 
made and now pending, as they shall be reached in order. Each and 
every disabihty of service origin so named should be dealt with as a 
ground for pension. 

h. All declarations and pieces of evidence when received in the 
bureau must be sent immediately to the Mail and Supplies Division, 
there to be stamped with the date of receipt, and from there sent to 
the proper division. The date of receipt so stamped shall for all 
purposes be regarded as the date when such papers are received in 
the bureau. 

c. Where a second document is filed by the same party, setting 
forth the same facts as are in another document acted upon, it should 
be disposed of as follows : 

(1) If it be an affidavit, or some other paper not amounting to 
the dignity of a declaration or application, and which is not counted 
as a pending case, it may be ignored and a letter sent to the claim- 
ant informing him of that fact. 

(2) If it be formal and counted as a declaration or application, and 
the benefit invoked has already been fully granted, it should be dis- 
missed by the examiner on formal face brief, and his action approved 
by the chief of division and the claimant notified. 

60. a. The Law Division is charged with passing upon the validity 
and sufficiency of all declarations, and if a declaration appears to be 
indefinite, or if there is a question as to its purport, it should at once 
be referred to the Law Division for consideration. 

i. Said division shall conduct all correspondence in reference to 
defective, indefinite, or doubtful declarations. 

When a document purporting to be a declaration is materially 
imperfect because it does not show under what law the claim for 
pension is made, or for any other reason it is insufficient in failing 
to allege essential facts, the Law Division shall use any information 
it may be able to obtain and conduct with the person filin g such 
document correspondence necessary to cure any defect. 

If the Law Division shall call on the party filing the document for 
further information and no response is made within 60 days in the 
continental United States, or within six months if the party resides 
elsewhere, such document shall be treated as entirely invalid for the 
purpose of a claim. 

If such document affords sufficient information, it shall be recorded 
jacketed, and numbered in the Record Division, being noted as 
"indefinite," and returned to the Law Division. 



KEGULATIONS GOVERNING PENSION BUEEAXJ. 13 

After the failure of the party to make response to the demand of 
the Law Division such division may, on a face brief, determine that 
"such document is not to be regarded as a vaUd claim for any pur- 
pose whatever." 

If afterwards ^he same party presents a claim, he shall first file a 
proper declaration, and if a pension be subsequently allowed there- 
under only that declaration shall be considered. 

c. A declaration of a widow, although made on a form of declara- 
tion claiming the benefits of the act of June 27, 1890, as amended, 
shall, if the same was executed and filed in the Bureau of Pensions on 
or after April 19, 1908, be accepted and adjudicated as a claim vmder 
the act of April 19, 1908. 

MEDICAL EXAMINATIONS. 

61. a. No order for medical examination shall be made in original 
claims until after the report of the War Department or of the Navy 
Department, showing service of soldier, sailor, marine, or other person 
shall have been called for and received. 

h. All orders for medical examination shall be issued from the Med- 
ical Division and notice sent direct to the claimant, and the attorney 
shaU at the same time be notified of the fact that the examination has 
been ordered. 

c. That the bureau may have the benefit of the opinion of more 
than one board of surgeons, in any claim for increase of pension the 
claimant, when practicable, shall be ordered for examination before 
some board of surgeons other than the one by which he was last 
examined. Should another examination be necessary in the adjudi- 
cation of a claim for original peasion, the same rule shall be observed. 

d. No pension claimant shall be examined by the medical referee 
or by any surgeon in the bureau except upon the order of the com- 
missioner. 

e. In ordering medical examinations in invaHd claims great care 
shall be taken to include all disabiUties requisite to the proper adju- 
dication of the pending claim, so as to avoid the additional expense 
and delay both to the claimant and the bureau of holding another 
examination because one or more of the disabilities were omitted in 
the order to the board of surgeons. Particular care should be exer- 
cised to the end that no medical examination shall be ordered when 
none is required in the settlement of the question under consideration. 

/. When a claimant for original invalid pension on account of a 
new disability has been once medically examined, another order for 
his medical examination shaU not be issued until the claim has been 
legally approved. 

g. When, in the opinion of the medical referee, it would work hard- 
ship upon the claimant to order him before a medical examining 



14 EBGULATIONS GOVERNING PENSION BUKEATJ. 

board or a single surgeon, he may, in his discretion, order him before 
a civil surgeon. 

Ji. When an order for a home, examination has been issued, and 
before its execution information reaches the bureau that the apphcant 
is dead, such information shall at once be transmitted to the medical 
referee to the end that the order may be revoked. 

i. Claims which have been legally approved and in which orders for a 
test or another medical examination are issued, or amendments to cer- 
tificates are called for by the medical referee, shall be forwarded direct 
to the proper adjudicating division to await receipt of the certificate 
or amendment, as the case may be, and a sHp shall be prepared by 
the Medical Division advising the Chief of the Board of Review of 
the division to which the papers are referred. 

j. Cases in which instructions have been prepared by the medical 
referee for special examination on purely medical questions shall also 
be forwarded direct to the proper adjudicating division for prepara- 
tion and reference through the Board of Eeview for special examina- 
tion. 

Tc. To give the soldier the full benefit of the law in his behalf and to 
promote the prompt and efiicient adjudication of claims, the medical 
referee shall see that examining surgeons require each claimant 
appearing before them to state each and every disabihty contracted 
in the service from which he believes himself to be suffering and 
expressly to declare over claimant's signature that he is not subject, 
to any other disability of service origin than those enumerated. The 
examining surgeons shall examine and repOrt as to all of the disabiUties 
named, as well as any other disabilities disclosed, whether alleged or 
not. 

I. When an invalid claim under the general law shall have been 
rejected on the ground that no ratable disabihty exists, due to the 
cause or causes alleged, and a claim shall be filed alleging a new dis- 
ability, another medical examination shall not be ordered as a matter 
of course, because the certificate of medical examination previously 
made is presumed to show the applicant's physical condition at that 
time and to disclose all the disabilities then existing; but a new 
medical examination may be ordered in the discretion of the medical 
referee, when satisfactory evidence shall have been filed showing the 
existence of such newly alleged disability and the degree thereof. 

m. If a claimant is unable to go before a board of examining sur- 
geons, he should file the affidavit of a physician showing the cause of 
his inabUity to report to the board for examination, the length of 
time such disability has existed, and how long it is likely to continue. 
Upon receipt of such evidence proper action shall then be taken in his 
claim. 



BEGULATIONS GOVERNING PENSION BUKEAU. 15 

n. Certificates of medical examination that have been rejected by 
the medical referee shall not be placed in the brief, but with the unim- 
portant papers in the jacket. 

0. In a pension claim in which the disability is of such a nature 
and the claimant of such an age that it is reasonable to presume 
there may be a considerable improvement and possibly entire recov- 
ery, a notation should be made on the medical approval as to the 
time it is deemed advisable to have another medical examination to 
test the then existing degree of disability, and a shp should be sent 
to the adjudicating division, so that the claim may be drawn to con- 
sider the advisabihty of ordering such test medical examination. If, 
however, during the intervening period the claimant has been exam- 
ined for increase of pension, such further investigation will probably 
be unnecessary. 

TESTIMONY OF EXAMINING SURGEONS. 

62. Examining surgeons of the bureau may testify in a pension 
claim to any matter within their knowledge, provided their infor- 
mation is not acquired in their official capacity. They should, 
however, state in their certificates all information possessed by them 
regarding the disabilities or treatment which they have given any 
apphcant who is ordered before them for examination, in this manner 
acquainting the bureau with all facts within their knowledge and 
relieving themselves of the burden and annoyance of furnishing 
affidavits at the soUcitation of applicants to whom they have ren- 
dered treatment. 

ORIGINAL INVALID CLAIMS. 

63. The following practice shall hereafter obtain in the adjudication 
of invalid claims, based on disabihty incurred in the miUtary or naval 
service of the United States, in line of duty: 

a. A full service and medical history shall be obtained from the 
records of the War or the Navy Department. 

I. Upon the receipt thereof, if the record shows that the disability 
alleged did not originate in the service, and in fine of duty, the claim 
should be submitted for rejection. If the record be not adverse, the 
usual calls shall be made to establish the case legally, and the claimant 
shall be ordered for medical examination. If there be doubt whether 
the record is adverse from a medical standpoint, the claim should be 
submitted to the Medical Division, which shall determine whether a 
medical examination should be made. If there be doubt whether 
the record is adverse from a legal standpoint, the claim should be 
submitted to the Board of Review for an advisory opinion. 

c. If, after the certificate of medical examination shall have been 
received, the examiner is unable to determine whether a ratable 
76704°— 15 2 



16 REGULATIONS GOVERNING PENSION BUREAU. 

degree of disability is shown, an opinion from the medical referee 
shall be asked on that point. 

d. Further calls shall be confined to the disabilities shown ratable. 
When the case is complete, the entire claim shall be submitted for 
final adjudication; that part based on disabiUties not shown ratable 
shall be submitted for rejection, subject to the approval of the medical 
referee. 

e. If it be shown that a ratable degree of disabiUty does not exist 
from any cause alleged, the claim shall be submitted for rejection at 
once. 

/. If the claimant is unable to furnish the required evidence and so 

states over his own signature, the claim shall be rejected on legal 

grounds. 

INCREASE CLAIIIS. 

64. a. All claims for increase shall be submitted to the Board of 
Review for final action. 

6. Claims for increase of pension shall be taken up for consideration 
and action at the earliest practicable date after their receipt in the 
bureau, and orders for medical examination issued at once — ^unless, 
from the nature of the disabihty in any particular .claim, and the 
history of the case as shown by previous medical examinations, 
reasonable presumption obtains that there has been no material 
increase in pensioner's disability since the date of last examination. 
In such case the pensioner should be advised that the propriety of 
ordering a medical examination wiU be considered if he shall furnish 
competent medical evidence showing definitely his physical condition 
from all causes for which he is pensioned. 

c. An order for a medical examination shall not be issued where the 
claimant is in receipt of the maximum rate for a permanent specific 
disabihty, the rate in such a case being fixed by law. 

d. If a pension under sections 4692 and 4693, Revised Statutes, has 
been terminated to allow pension at a higher rate under a subsequent 
act, a medical examination shajl not be ordered in an apphcation for 
renewal and increase under said sections of the Revised Statutes, 
except upon the furnishing of medical testimony as heretofore pro- 
vided. If, however, it can reasonably be presumed from the nature 
of the disability and the history of the case that the claimant is 
entitled to a higher rate under the general law than the rate received 
under the subsequent act, medical examination may be ordered with- 
out medical testimony. 

e. If an application for increase shall be filed before a prior applica- 
tion for increase has been disposed of, but subsequent to the medical 
examination held thereunder, an order for a medical examination 
should not be issued without medical testimony, as heretofore pro- 
vided, and pensioner should be so advised. 



KEGULATIONS GOVERNING PENSION BUEEATT. 17 

/. As a general rule an order for a medical examination should not 
be issued without medical evidence showing material increase in pen- 
sioned disabilities, if pensioner is in receipt of $17 per month, and he 
should be so advised. There may be exceptions to this rule, and 
each case should be carefully considered on its own merits before 
action is taken therein. 

g. Upon receipt of the medical testimony which may be furnished 
in response to the rules above noted, the same shall be referred to the 
medical referee to determine the question of the sufficiency. If such 
testimony is immaterial and does not indicate an increased disability, 
the claim shall be rejected and the claimant shall be so advised. If, 
however, no testimony shall be filed in response to the communication 
from this bureau within six months from the date thereof, the case 
shall be forwarded to the Admitted Files and carried on the records 
of the adjudicating division as an "Abandoned increase." 

Ji. In adjudicating applications for increase of pension under sec- 
tions 4692 and 4693, Eevised Statutes, wherein the pensioner is in 
receipt of from $17 to $24 per month, inclusive, except in cases of par- 
tial deafness, the testimony of the attending or family physician show- 
ing the extent to which the claimant is incapacitated for the perform- 
ance of manual labor by reason of the disabiUty alleged, independent 
of any other disability, shall be called for. If the claimant performs 
any manual labor whatever, the character and amount must be shown. 

i. In adjudicating claims for pension or increase of pension under 
sections 4692 and 4693, Revised Statutes, the rates heretofore fixed 
shall be considered as adjudicated and noted upon the face brief, but 
where those rates in any case aggregate less than $6 per month, it 
shall further be noted that the claimant is entitled to that rate under 
the act of March 2, 1895. 

j. If a claim for increase of pension is rejected the proper nota- 
tion shall be made on the face brief, and if the pension is less than $6 
per month it shall also be further noted that the claimant is entitled 
to the benefit of the act of March 2, 1895, so that such rate may be 
named in the certificate if for some other reason, such as duphcate 
certificate, reissue to correct name or service', etc., it is found neces- 
sary to issue a new certificate. 

Tc. Where, after the rejection of a claim for increase, a doubt 
exists as to whether it was properly rejected and another medical 
examination of claimant is ordered, such action is in effect a reopen- 
ing of the rejected claim, which thereby becomes a pending claim, 
and increase may be allowed from the date of the last exammation 
if warranted by the degree of disability then existing. 

I. Where a soldier dies leaving a pending claim for increase which 
is to be rejected on the ground of no examination, or for other cause, 



18 REGULATIONS GOVEENING PENSION BUREAU. 

and the widow files a claim in her own behalf, the claim for increase 
shall not be adjudicated until final action is taken in the widow's 
claim. 

66. In all special acts granting pension to widows, in which the 
amount of pension is fixed by the special act, no increase shall be 
allowed for minor children unless provided for in said act, but when 
an additional pension is granted by a special act to a widow or 
guardian on account of a helpless child, such additional pension shall 
in no case affect the rate of pension the widow may be entitled to, 
independent of such additional allowance. 

NEW DISABIUT7, WHEN NOT CONSIDERED. 

66. In claims under sections 4692 and 4693, Revised Statutes, 
where increase of pension is claimed by reason of old disabiHty, and 
also by reason of naming a new disabiUty which is not declared to 
be of service origin or to be the result of the old disability, such new 
disabihty shall be ignored and the claim adjudicated as if no mention 
thereof had been made. 

67. a. In the adjudication of claims under the act of March 3, 
1901, and amendments thereof, the provisions of section 4715, 
Revised Statutes, shall apply. 

6. Claimants shaU have the right of election under that law the 
same as pensioners in other cases. 

CLAIMS UNDER ACT OF FEBKUABY 6, 1907, OR ACT OF MAY 11, 

1912. 

68. a. Claims filed under the act of February 6, 1907, or the act 
of May 11, 1912, shall be classed and reported as follows: 

i. Where no pension has been allowed they shall be treated as 
original, act of February 6, 1907, or act of May 11, 1912. 

ii. Where pension has been allowed under any other law they 
shall be treated as reissue, act of February 6, 1907, or act of May 11, 
1912. 

iii. Where a certificate has issued under the act of February 6, 1907, 
or the act of May 11, 1912, they shall be treated as increase, act of 
February 6, 1907, or act of May 11, 1912, respectively. 

6. In the adjudication of claims all proper information should be 
called for from the War or the Navy Department. 

c. AH correspondence seeking information as to age from the claim- 
ant should be by letter and in accordance with the circumstances of 
the particular case. 

d. In the submission of claims under the act of February 6, 1907 
or the act of May 11, 1912, the age and date of birth of the apphcant 
shall be noted by the examiner on the face brief. 



REGULATIONS GOVERNING PENSION BUREAU. 19 

69. A declaration under the act of May 11, 1912, which does not 
specifically make mention of disability or the "disability clause" of 
the act, shall be considered as a claim based on age and length of 
service alone, unless it appears from other papers filed that the 
intention was to claim under the " disability clause " of the act. 

70. Where an application under the act of May 11, 1912, shall 
have been adjudicated as a claim on account of age and length of 
service, and the claimant upon receipt of notice of such action shall 
promptly advise the bureau that his purpose was to claim under the 
" disabiUty clause," the case shall be further considered and his right 
to pension under said clause determined. 

71. In arriving at a conclusion as to the age of a claimant for pen- 
sion under the act of May 11, 1912, all the facts shown by the record 
should be considered. The conclusion as to what the facts show in 
a particular case is not to be a guide or precedent in any other case 
except where the facts are exactly parallel. The proving force of 
the facts stated in support of a claim is to be determined by their 
weight and apparent credibility. The determination of such facts is 
to be arrived at by applying the ordinary rules obtaining in courts of 
law for arriving at conclusions of fact, from the weight of the testi- 
mony adduced, the principal rule being that ordinary judgment shall 
be applied in any case. The question of fact is to be determined by 
those having charge of the case in this bureau as they would determine 
any other question of fact by the application of ordinary good 
sense such as intelligent men use in the common and everyday 
affairs of life. 

72. In determining the period of service withia the meaning of the 
act of May 11, 1912, no deductions should be made on account 
of ordinary or veteran furlough. Deductions should be made on 
account of absence without leave, or while in desertion, in confine- 
ment, or in violation of military or naval regulations. Deduction 
shall be made of the time during which claimant was undergoing 
treatment in hospital, or otherwise absent because of an intentional 
self-inflicted wound. 

73. Enlistments in volunteer organizations (white or colored) 
entered into in loyal States on or before April 13, 1865, and in other 
States, the Territories, and the District of Columbia on or before June 
1, 1865, were enlistments for the War of the Rebellion, and service 
rendered thereunder (in volunteer organizations), is pensionable 
service within the meaning of the act of May 11, 1912 (and the kindred 
acts of June 27, 1890, May 9, 1900, February 6, 1907, and April 19, 
1908), up to date of discharge, but not beyond August 20, 1866. 

74. Enlistments in volunteer organizations entered into in the loyal 
States after April 13, 1865, and in the other States, the Territories, 
and the District of Columbia after Jtme 1, 1865, were not enlistments 



20 REGULATIONS GOVERNING PENSION BUEEATT. 

for the War of the RebeUion, and service rendered thereunder is not 
pensionable service within the meaning of the acts named unless, 
first, it is shown to have had some connection with the suppression 
of the rebellion, or unless, second, the presumption arises that it had 
some such connection by reason of the service being rendered in 
hostile territory, namely, the States of Tennessee prior to June 13, 
1865, and Virginia, North Carolina, South Carolina, Georgia, Florida, 
Mississippi, Alabama, Louisiana, and Arkansas prior to April 2, 1866, 
inclusive, or the State of Texas prior to August 20, 1866, inclusive. 

75. Service in the Eegular Establishment under an enlistment 
prior to April 12, 1861, is to be computed from April 12, 1861. Serv- 
ice rendered up to and including July 1, 1865, imder enlistments in 
the Regular Army, without regard to the date of enlistment, is pen- 
sionable service under the acts named, but service rendered in the 
Regular Army after said date, to be pensionable service under said 
acts, must be shown to have had some connection with the suppres- 
sion of the rebellion. If such service was rendered in the disloyal 
States, named in section 74, it is presumed to have been rendered in 
connection with the suppression of the rebellion, and, hence, is pen- 
sionable service under the acts named so long as the service rendered 
was in such disloyal States. 

76. Service rendered up to and including July 1, 1865, under en- 
hstments in the Navy, without regard to the date of enlistment, is 
pensionable service under the acts named, but service rendered in 
the Navy after July 1, 1865, to be pensionable service under said 
acts, must be shown to have had some connection with the suppres- 
sion of the rebellion. If such service was rendered in waters adja- 
cent to disloyal States, as heretofore described, it is presumed to 
have been rendered in connection with the suppression of the rebel- 
lion, and, hence, is pensionable service under the acts named so long 
as the service rendered was on vessels in such waters. 

77. The word "construed," as used in section 4701, Revised 
Statutes, is held to mean "presumed," in the ordinary legal accepta- 
tion of the term. This construction is applicable to all pension 
cases, including claims for increase and original claims under the act 
of May 11, 1912. The soldier is to be credited -with all the time of 
service up to the date of discharge or date of disbandment. It is 
not required that the soldier should show in the first instance where 
he wafi up to the date of disbandment, but the presumption stated 
in the law shall be held to apply; however, should it appear in fact 
that the soldier was not with his command or in the service, then 
the presumption would be overruled and the true state of facts 
would control. 

78. The adoption of any rules defining pensionable service shall not 
of itself operate to reopen any claim for pension heretofore adjudicated 
in accordance with the practice existing at the date of its adjudication. 



REGULATIONS GOVEENING PENSION BTTBEAXJ. 21 

79. In claims based on the length of service of drafted men, in the 
absence of record evidence showing the exact date of service of 
notice of draft, it shall be presumed that notice was served on the 
last of the 10 days allowed by law for service of such notice. If, 
however, the evidence in the case establishes a different date of 
service of notice, or if the applicant claims and proves that notice was 
in fact served at an earlier date, such date shall be accepted. Pen- 
sionable service shall not be computed from a date prior to service of 
notice of draft. 

80. Certificates hereafter issued under the act of May 11, 1912, 
shall show the rate to which claimant is entitled, as well as the rate 
and time of commencement of any increase to which he may become 
entitled by reason of advancing age. 

81. In claims under the age and service clause of the act of May 
11, 1912, no formal application shall be required except in claims for 
original allowance under said act. 

82. Increase of pension under the act of May 11, 1912, shall com- 
mence from the date the pensioner is shown by the evidence to have 
attained the age entitling him to increase. 

83. In claims for increase under the act of May 11, 1912, adjudi- 
cated prior to the passage of the act of March 4, 1913, wherein certifi- 
cates have been issued granting increase from date of filing said claims 
as provided by the then existing law, the adjudication thus affected 
as to date of commencement of the increase thereby allowed shall not 
be disturbed. 

84. When the exact date of birth can not be established by an 
applicant for pension under the act of May 11, 1912, and amendments, 
the approximate date may be fixed by the best obtainable evidence. 

86. Where it clearly appears that the claimant has passed the 
maximum age of 75 years at the date of filing his original claim, his 
allegation as to date of birth shall be accepted without further proof. 

86. When an increase is claimed and allowed under the disability 
clause of the act of May 11, 1912, the increase shall commence from 
the date of filing the declaration or affidavit claiming the same, and 
upon which declaration the claim is adjudicated. 

87. If an applicant for pension under the act of May 11, 1912, is, at 
the time of filing the claim, in receipt of a greater rate of pension 
under some other law than he is entitled to receive by reason of age 
and length of service under this act, the claim should be rejected. 

88. In the consideration of claims under the act of May 11, 1912, 
as amended by act of March 4, 1913, if it be found by the reviewers 
that the applicant has not reached a beneficial age, when adverse 
action is taken the accepted date of birth should be included in the 
approval on the face brief. When the claimant is notified of the 



22 REGULATIONS GOVERNING PENSION BUREAU. 

adverse action, he must also be advised of the date of birth indicated 
by the evidence. The date of birth, as thus determined, shall govern 
future action, unless it is subsequently clearly shown that the deter- 
mination was erroneous. 

89. a. Immediately upon the receipt of a request from a pensioner 
for increase under the act of May 11, 1912, as amended by the act of 
March 4, 1913, the papers in the case shall be drawn and examined for 
the purpose of determining whether he is a pensioner under the said 
act and whether there is basis for increase thereunder. If it be shown 
that he is a pensioner under said act at an age less than 75 years, such 
request shall be filed in the order of date of receipt and shall be taken 
up for consideration in the proper order. 

b. If a pensioner is not on the rolls under the act of May 11, 1912, 
appropriate response shall be made to the request at once. 

90. a. When a pensioner under the act of May 11, 1912, whose 
claim has not been adjudicated under the act of March 4, 1913, calls 
up his^case by letter or otherwise, and it is indicated by his statement 
or the papers in the case that he will reach the next beneficial age 
within three months from the date when his communication comes to 
hand, steps should be taken to reissue his certificate, without unnec- 
essary delay, to allow the benefit of the automatic increase of rates. 

i. When such communications are received where the attainment 
of the next beneficial age is more than three months in the future, the 
adjudicating divisions shall keep such memoranda of the cases in 
question as shall enable the bureau to take them up for adjudication 
at the proper time without further notice from the claimant. 

91. a. Where the year of a pensioner's birth has been estabhshed 
or fixed, or can now be fixed to the satisfaction of the biu-eau from 
evidence on file in his claim under this or any other law or ruling, such 
year shall be accepted without placing a further burden upon the 
claimant by requiring cumulative evidence. 

h. The year being settled, claimant's sworn statement as to day 
and month may be accepted. 

c. When a letter of rejection is written, if the facts indicate 
that he will in future reach a beneficial age, he should be advised of 
his right to execute and file another claim at the proper time. 

92. Form of letter to be used where applicant will in future reach 
an age entitling him to a beneficial rating: 

Your claim for pension under the act of May 11, 1912, based on age and length of 

service, is rejected on the- ground that you are receiving under another law $ 

per month, which is a greater rate than you are entitled to receive on account of 
age and length of service. 

When you reach the age of years, which it appears will be (date), 

you will be entitled to a beneficial rate for age and length of service, and will then 
be at liberty to execute and file another claim. 



REGULATIONS GOVERNING PENSION BUREAU. 23 

93. If the applicant was at the time of filing his claim under the 
act of May 11, 1912, and amendment of March 4, 1913, receiving under 
another law the same rate he was entitled to receive under said act, 
the claim should be rejected. If he has since filing reached an age 
that would entitle him to a greater rate, certificate should issue. 

Should the apphcant, after he has been notified of the rejection, 
state that he desires a certificate should issue under said act, even 
though it confers no benefit, the claim should be reopened for further 
consideration. 

The letter to be used may be in the following form : 

Your claim for pension under the act of May 11, 1912, is rejected on the ground 

that you are now receiving under another law $ per month, which is the same 

rate you are entitled to receive on account of age and length of service. 

When you reach the age of — years, you will be entitled to an increase of pension 
on account of age and length of service, and will then be at liberty to make written 
request for the beneficial rate. 

94. Whenever the chief of a division or an employee of this bureau 
obtains information that one wlio is now a pensioner because of age 
and service is entitled to a higher rate, such information should be 
used and the pensioner rated according to his age and service, even 
if a letter be not received or other notice given. 

95. Where, in a claim under the disability clause of the act of 
May 11, 1912, the disability shown as of service origin by other 
documents on file appears to be of such a nature as to warrant the 
presumption that claimant is entitled to the benefit of the "disability 
clause," an order for medical examination may issue at once by the 
medical referee without requiring further medical evidence. 

96. In cases under the disability clause of the act of May 11, 1912, 
wherein the presumption indicated in the prior section does not 
obtain, the testimony of the attending or family physician shall be 
required, showing the extent to which the claimant was incapacitated 
for the performance of manual labor by reason of disabilities shown 
of service origin (naming them) , independent of any other disabihty, 
on the date of filing the application. 

97. An order for medical examination shall not issue in cases where 
the claimant is in receipt of a pension, or was a pensioner under the 
general law on account of a specific disability, where no complications 
are alleged and shown. \ 

98. a. AH claims for pensions under the disability clause of the 
act of May 11, 1912, shall be submitted to the Board of Eeview for 
approval for disabilities established as of service origin, as well as 
for consideration and approval for age and length of service. If 
approved for disabilities and not allowed at the maximum rate for 
age and length of service, the board shall forward cases to the Medi- 
cal Division for issuance of order for medical examination, or for re- 
jection, as the case may be. 



24 KBGULATIONS GOVERNING PENSION BUREAU. 

h. The Medical Division shall be the sole judge as to the sufficiency 
of the evidence submitted to warrant a medical examination, or to 
establish the degree of disability. 

c. If an order for medical examination is issued, the case shall be 
returned to the adjudicating division to await the receipt of the 
certificate of medical examination. Upon receipt of such certificate 
the case shall be returned to the Board of Review for current date 
and thence to the Medical Division for medical action. 

d. If an order for medical examination is not warranted, rejection 
shall be made by the Medical Division and the papers returned to 
the Board of Review. If further evidence is deemed necessary by 
the medical referee before taking action, the papers shall be returned 
to the Board of Review, indicating the character of the evidence 
required, and the board shaU transmit the case to the adjudicating 
division to call for such evidence. 

99. In aU claims rejected by the Board of Review under the dis- 
ability clause of the act of May 11, 1912, and coming up for consid- 
eration for reopening, with a view to issuing an order for medical 
examination, formal action of reopening shsiU be taken by the chief 
of the proper adjudicating division and indicated on a reopening 
face brief, and when the claim is ready for action by the Medical 
Division the papers shall be submitted for the action of that division 
on the same face brief. 

CALLS UPON THE CENSUS BUREAU. 

100. a. In claims for pension where age is a factor and is in ques- 
tion, where the evidence relating thereto is conflicting and the age 
can not otherwise be satisfactorily determined, calls may be made 
upon the Census Bureau for information as to age. Proper informa- 
tion from the Census Bureau may be called for in any case. Such 
calls shall be made only by direction of the Board of Review or of the 
commissioner. 

h. In submitting a case to the Board of Review which the examiner 
believes may require a call upon the Census Bureau to aid in the 
proper determination of the age, a memorandum to that effect 
should be attached underneath the face brief by the examiner. 

CLAIMS UNDER FIRST SECTION OF JOINT RESOLUTION OF JULY 1, 

1903. 

101. Upon the receipt of any request of a claimant for readjudica- 
tion of his invalid claim to pension under the resolution named, the 
case shaU be drawn from the files and the soldier advised by the 
bureau to file an affidavit for the purpose of identification and for a 
proper readjudication of his claim (except in cases where declarations 



KEGULATIONS GOVERNING PENSION BUREAU. 25 

under the said joint resolution have already been filed), setting forth 
the number of his former pension certificate, the Union and Con- 
federate service rendered by him during the War of the Rebellion, 
whether he rendered any military or naval service either before or 
since said war, the nature of the permanent disabihties from which 
he suffered at the time of dropping his name from the roll, and whether 
the same were due to- vicious habits; his occupation and place of his 
residence since that time, and his present post-office address. 

102. In the claims of widows and minors, where no declaration 
under the joint resolution has been filed, a like affidavit shall be called 
for, setting forth the number of the former pension certificate, of 
services rendered by the soldier, whether the widow has remarried 
since the date of dropping her name from the rolls, and whether all the 
minor children are still living. 

103. In widows' and minors' cases it must be shown by evidence 
whether title has lapsed by reason of remarriage of the widow or 
death of the minor children. 

104. The joint resolution does not for pmrposes of accrued pensions 
under the act of March 2, 1895, revive the pension of a former pen- 
sioner or make pending any claim of an applicant for pension who 
died prior to the passage of the joint resolution. 

CLAIMS UNDER ACT OF MARCH 3, 1899. 

Claims for division of pension under the act of March 3, 1899, will 
be adjudicated in accordance with the following rules: 

106. Claimants will be required to file with their declarations proof 
in support thereof sufficient to establish a prima facie case under the 
law. 

106. a. When a claim is filed under the act of March 3, 1899, Form 
No. 3-945 shall be filled out and forwarded to the proper adjudicat- 
ing division, where it shall be placed in the files, and thereafter all evi- 
dence received in the adjudicating division in the claim under the act 
cited shall be at once forwarded to the Law Division. 

h. When the claim under the act of March 3, 1899, shall have been 
finally disposed of the adjudicating division shall be so informed and 
directed to destroy the said notice. 

107. Where the claim is filed by the wife, alleging that the pensioner 
has deserted her for a period of over six months subsequent to March 3, 
1899, and prior to the execution and filing of the declaration, the 
declaration must be accompanied by evidence showing that she is 
the wife of the pensioner; that the pensioner has deserted her for 
the period alleged in the declaration; and that she is a woman of 
good moral character and in necessitous circumstances. 

108. Where the claim is filed by a wife, aUegmg that the pensioner 
is an inmate of a State home for soldiers or sailors, the declaration 



26 EEGULATIONS GOVERNING PENSION BUREAXT. 

must be accompanied by evidence showing that the claimant is the 
wife of the pensioner; that she is a woman of good moral charactw; 
that she is in necessitous circumstances; and that she is not also 
an inmate of the same institution or of some home provided for the 
wives and children of soldiers and sailors. 

109. Where the claim is filed by the wife, alleging that the pen- 
sioner is an inmate of a National soldiers' home, the declaration 
must be accompanied by evidence showing that the claimant is the 
wife of the pensioner; that she is a woman of good moral character; 
and that she is in necessitous circumstances. 

110. Where the claim is filed by or on behalf of the minor child or 
children, under 16 years of age, of a pensioner, alleging that pensioner 
has deserted said child or children, the declaration must be accom- 
panied by evidence showing the marriage of the parents; the date 
of birth of each child; death or divorce of the mother of the minor 
chUd or children, or that she has no title under the said act; that 
the pensioner has deserted such chUd or children for the period 
alleged; and in the event of the death or divorce of the mother of 
the minor chUd or children, that the pensioner had not remarried 
prior to the statutory date of desertion, or that his present wife 
has no title under said act. 

111. Where the claim is filed by or on behalf of the minor child 
or children, under 16 years of age, of 'the pensioner, alleging that 
the pensioner is an inmate of a State home for soldiers or saUors, 
the declaration must be accompanied by evidence showing the 
marriage of the parents; the date of birth of each child; the death 
or divorce of the mother of the minor child or children, or that she 
has no title under the act of March 3, 1899; in the event of the death 
or divorce of the mother, that the pensioner had not remarried 
prior to the statutory date of entrance into the home, or that his 
present wife has no title under said act; and that the children are 
not also inmates of the same institution or of some home provided 
for the wives and children of soldiers and sailors. 

112. Where the claim is filed by or on behalf of the minor child 
or children, under 16 years of age, of the pensioner, alleging that 
the pensioner is an inmate of a National soldiers' home, the declara- 
tion must be accompanied by evidence showing the marriage of 
the parents; the date of birth of each child; the death or divorce 
of the mother of the minor child or children, or that she has no title 
under the act of March 3, 1899; and, in the event of the death or 
divorce of the mother, that the pensioner had not remarried prior 
to the statutory date of entrance in the home, or that his present 
wife has no title under said act. 

113. Where the claim is filed by or on behalf of a permanently 
helpless and dependent chUd of a pensioner, alleging that pensioner 



REGULATIONS GOVERNING PENSION BUREAU. 27 

has deserted such child, the declaration must be accompanied by- 
evidence showing the marriage of the parents; the date of birth of 
the child; the death or divorce of the mother of the child, or that 
she has no title under the said act; that the pensioner has- deserted 
such child for the period alleged; that the child is permanently- 
helpless and dependent; and in the event of the death or divorce 
of the mother of such child, that the pensioner had not remarried 
prior to the statutory date of desertion, or that his present wife has 
no title imder said act. 

114. Where the claim is filed by or on behalf of the permanently 
helpless and dependent chUd of a pensioner, aUegiag that the pen- 
sioner is an inmate of a State home for soldiers or sailors, the decla- 
ration must be accompanied by evidence showing the marriage of 
the parents; the date of birth of the child; the death or divorce of 
the mother of such child; that such child is permanently helpless 
and dependent; in the event of the death or divorce of the mother 
of said child, that the pensioner had not remarried prior to the 
statutory date of entrance into the home, or that his present wife 
has no title under said act; and that said child is not also an inmate 
of the same institution or of some home provided for the wives and 
children of soldiers and sailors. 

115. Where the claim is filed by or on behalf of a permanently 
helpless and dependent child of a pensioner, alleging that the pen- 
sioner is an inmate of a National soldiers' home, the declaration 
must be accompanied by evidence showing the marriage of the 
parents; the date of birth of the child; the death or divorce of the 
mother of such child; that she has no title under the act of March 
3, 1899; that such child is permanently helpless and dependent; and, 
in the event of the death or divorce of the mother of said child, that 
pensioner had not remarried prior to the statutory date of entrance 
into the home or that his present wife has no title under said act. 

116. A declaration, unaccompanied by evidence as indicated herein 
sufficient to establish a prima facie case, shall not be considered as 
conferring any right upon the claimant, or as serving notice upon 
the bureau sufficient to warrant the suspension or the withholding of 
any part of the pension due or o-vving to the pensioner. Such a decla- 
ration, when received, shall be promptly returned to the claimant, 
with a statement indicating the evidence necessary to complete the 
application. The evidence accompanying such declaration, if any, 
shall be retained in the bureau, and upon the return of the declaration 
with the evidence necessary to make a prima facie case the claim 
shall be filed and jacketed. 

117. a. Upon the filing by the -wife, minor child or children, or by 
the permanently helpless and dependent child of the pensioner of a 
declaration, accompanied by sufficient evidence to estabhsh a prima 



28 EEGULATIONS GOVERNING PENSION BUEEAU. 

facie case under the act of March 3, 1899, the Chief of the Finance 
Division shall at once be instructed to cause payment of one^haK the 
pension due and unpaid, and thereafter to become due the pensioner, 
from the date of statutory desertion or of entrance into a State or 
National soldiers' home, and during the pendency of the claim under 
said act, to be suspended. 

h. The Chief of the Finance Division, upon receipt of an order to 
suspend payment of one-half pension to a pensioner, shall make a 
record entry of the same and shall promptly acknowledge receipt 
thereof, and thereafter no payment of the one-half pension shall be 
made to any person until further directed by the Commissioner of 
Pensions. 

c. In case the pensioner is an inmate of a National soldiers' home, 
the treasurer of said home shall, on the same date of the order of sus- 
pension to the Chief of the Finance Division, be duly advised through 
the governor of said home of such order of suspension. If on the 
date of the receipt of said order by the treasurer of the home he shall 
be in possession of any unexpended pension money drawn in the 
pensioner's behaK, or to which the pensioner became entitled during 
his residence in said home subsequent to March 3, 1899, the treasurer 
shall withhold and retain possession of one-half of such unexpended 
pension money, subject to the future orders of the Commissioner of 
Pensions. 

118. In all cases filed under the act of March 3, 1899, and allowed, 
the claimant, within the period covered by title as established, is 
entitled to one-half of so much of the unpaid pension as is due or 
owing to the pensioner at the date of the fihng of the declaration, 
and covering the period from the date of the statutory desertion, 
subsequent to the passage of the act of March 3, 1899, or covering 
the period from the entrance of the pensioner into a State soldiers' 
or sailors' home, or a National soldiers' home, subsequent to the pas- 
sage of the act of March 3, 1899. In cases of desertion, where the 
desertion occurred prior to the passage of the act of March 3, 1899, 
the date of statutory desertion shall be accepted as March 4, 1899. 
In cases where the desertion occurred subsequent to March 3, 1899 
(the date of the passage of the act), the date of the actual desertion 
shall be accepted as the date of the commencement of the statutory 
desertion. No right can accrue to a wife claimant until the pen- 
sioner has been in actual desertion for a period of over six months 
prior to the execution of her declaration, and no right of appHcation 
by a wife, under the act, can accrue on account of desertion, until 
six months have expired from the date of such desertion. 

119. In cases filed under the act of March 3, 1899, where the pen- 
sioner is an inmate of a State soldiers' or sailors' home, or a National 
soldiers' home, the actual date of entrance into the home subsequent 



REGULATIONS GOVERNING PENSION BUREAU. 29 

to March. 3, 1899, shall govern. If at the date of the passage of the act 
the pensioner was an inmate of a State soldiers' or sailors' home or a 
National soldiers' home, March 4, 1899, shall be considered as the statu- 
tory date of the pensioner's entrance into the soldiers' home, and pay- 
ment, if the claim is allowed, shall be one-haK of so much of the pen- 
sion as remained impaid and due and owing to the pensioner at the 
date of the filing of the declaration. 

120. Where an increase of pension is allowed a pensioner subse- 
quent to the allowance of a claim under the act of March 3, 1899, the 
beneficiary shall be entitled to one-half of only so much of the pension 
as is due the pensioner covering the period subsequent to the statu- 
tory desertion established in the claim, or subsequent to the date of 
the entrance of the pensioner into the soldiers' home subsequent to 
the passage of the act of March 3, 1899, and within the period covered 
by title as established. 

121. As promptness in the adjudication of claims filed under the 
act of March 3, 1899, is imperative, to avoid vexatious charges 
against one or the other, both the claimant and the pensioner shall 
be required to answer promptly calls made for evidence. 

122. Where a prima facie case under the act of March 3, 1899, has 
been filed, the pensioner shall receive the usual notice of the filing of 
the claim, and shall be allowed 30 days, as herein provided, from the 
receipt of said notice, to answer the allegations made therein. Where 
pensioner has made answer under oath, the substance of his allega- 
tions, with the evidence filed in support thereof, if any, shall be fur- 
nished the claimant, and thirty days allowed for reply thereto. 
Should the claimant fail to complete the claim, or fail to give satis- 
factory reason for so doing, the case should be rejected, on the 
ground that claimant has failed to estabhsh title within the meaning 
of said act. 

123. Where the pensioner receives the usual 30-day notice of the 
filing of the claim under the act of March 3, 1899, and fails to make 
answer within 30 days from the receipt thereof, he shall be considered 
as waiving his right of answer, and the registry return receipt card, 
or other evidence, showing his receipt thereof, shall be considered 
as proof of service upon him of notice of the fiUng of the claim and 
his waiver of answer thereto. 

124. Upon the adjudication of a claim under the act of March 3, 
1899, the bureau shall promptly notify both parties of the action 
taken, by registered letter, informing both that 30 days from the 
mailing of said notice will be allowed for the purpose of appealing 
from the decision of the bureau, and there shall be inclosed, to both 
claimant and pensioner, a copy of Kules of Practice in such appeals. 
No payment shall be made until the expiration of said 30 days, unless 
the right of appeal shall be sooner waived: Provided, however, That 



30 REGULATIONS GOVERNING PENSION BUREAU. 

the unexplained failure of a pensioner to appear, answer, or in any 
way plead to the claimant's application, after due notice thereof, 
shall be deemed a waiver of his right of appeal to the extent that, 
if the claim is allowed, final orders for division of pension shall issue 
at once. 

126. Upon the filing of an appeal, in accordance with the rules of 
the department, payment shall be further suspended, pending the 
decision of the department upon the appeal, as required by such rule. 

126. If no appeal is filed within 30 days from the date of mailing 
formal notice of bureau action to the parties, payment shall be made 
in all cases allowed, and suspension of payment shall be removed in 
all cases rejected, and the full amoimt of pension restored to the pen- 
sioner in the last-named cases. 

127. Any and all payments of one-haK the pension to any of the 
beneficiaries named in the first three provisos of said act of March 3, 
1899, shall hereafter be made by and through the disbursing clerk, 
and, in future, no payment shall be made to any of said beneficiaries 
by the treasurer of a National soldiers' home, except one-half of so 
much of the pensioner's pension as shall be in the hands of the treas- 
urer of said home, and unexpended, at the date of filing the claim 
under said act, in which case the treasurer shall withhold and dis- 
burse upon the order of the Commissioner of Pensions. 

128. Applications for reconsideration or reopening of the bureau 
action in cases under the first, second, or third provisos of the act 
of March 3, 1899, should be in the form of a motion, or petition, 
stating briefly, but specifically, the groimds upon which the applica- 
tion is based, and which, if true, would warrant a modification or 
reversal of the bureau action. The motion should be accompanied 
by evidence sufiicient, if true, to establish the grounds for reconsid- 
eration, or reopening, relied upon by the applicant, and by due proof 
of service of copies of the motion, or petition, and the supporting 
evidence upon the opposite party or his or her attorney. 

Proof of service must be such as shall satisfy the bureau that the 
opposite party has been informed of the motion, or petition, and the 
supporting evidence, and may consist of, first, a written acceptance 
of service by the opposite party or his or her attorney of record; or 
second, a postal registry return receipt card signed by the opposite 
party or attorney of record, accompanied by an afl&davit showing 
that on a certain date copies of the motion, or petition, and the 
supporting evidence were mailed in a registered letter, post paid; to 
the opposite party or the attorney of record, addressed to a certain 
post ofiice (naming it) ; and that the card was returned in acknowl- 
edgment of receipt of such letter; or third, an afl&davit, showing that 
on a certain date and at a certain place copies of the motion or 



REGULATIONS GOVERNING PENSION BUREAU. 31 

petition, and of the supporting evidence were personally delivered to 
the opposite party or his or her attorney of record. 

Applications for reconsideration, or reopening, not conforming to 
the foregoing requirements, or showing satisfactory reason why per- 
sonal service can not be made, shall not be considered by the bureau, 
but shall be promptly returned to the apphcant or his or her attorney 
of record, for compUance therewith. 

129. a. Upon the filing of an apphcation for reconsideration or 
reopening, conforming to the requirements of the foregoing rule, pay- 
ment of the one-half pension in question shall be suspended pending 
the adjudication of such application. 

&. The papers in claims under the act of March 3, 1899, should 
during the pensioner's lifetime, be kept separate and apart from the 
invalid papers, in the prescribed jacket, properly fastened. 

CLAIMS XTNDEB ACT OP MAY 30, 1908. 

130. The certificate of the Chief of Army and Navy Division shall 
be accepted as showing, in the case of any individual claimant, the 
facts as to whether service was rendered, payment therefor made by 
the State of Texas, and said State reimbursed for such payment by the 
United States. 

CLAIMS TJNDEIl ACT OF FEBRUARY 19, 1913. 

131. a. The act of February 19, 1913, is construed to include those 
survivors of Indian wars who have estabhshed, or may hereafter 
establish, title to pension under the acts of July 27, 1892, June 27, 
1902, or May 30,^ 1908. 

h In the case of pensioners on the roll February 19, 1913, who had 
established title to pension under said acts, but who were in receipt of 
a pension of less than $20 per month under some other law, new certi- 
ficates shall issue showing the increased rate provided by the act of 
February 19, 1913, and a letter from, any such pensioner shall be suffi- 
cient to cause a case to be taken up for that purpose. 

c. In the case of pensioners or claimants who have not established 
their title to pension imder said acts, and who may be entitled to the 
benefits of the act of February 19, 1913, a valid declaration shall be 
required, unless one has already been filed. 

d. In all cases where pensioners or claimants are found to be 
entitled to th& benefit of the act of February 19, 1913, the increased 
ra,te of $20 per month shall commence on February 19, 1913. 

BOUNTY LAND WARRANTS. 

132. a. Upon the issue of an original or duplicate bounty land 
warrant, the same shall be dehvered personally or forwarded to the 
claimant by registered mail, and the receipt card shall thereafter be 

76704°— 15 3 



32 KEGULATIONS GOVERNING PENSION BUREAU. 

filed with the papers in the claim and be accepted as prima facie 
evidence of the delivery of the warrant to the claimant. 

I. In no case shall a bounty land warrant be delivered to any other 
person than the claimant, nor shall the delivery be made in any other 
way than as provided in this section. 

133. a. In forwarding a bounty land warrant to the claimant there 
shaU be inclosed therewith a blank form for a receipt for the warrant 
to be signed by the claimant and returned to the bureau for filing in 
the case, and the claimant's attention shall be invited to the provi- 
sion of sections 2414 and 2436, Eevised Statutes, and to the provisions 
of the act of July 4, 1884, relative to attorney fees in bounty land 
claims. 

6. The attorney of record in the claim shall be notified of the issu- 
ance and delivery of the warrant. 

CLAIMS ON ACCOUNT OF BATTLESHIP "MAINE." 

134. In claims for pension arising out of destruction of the U. S. S. 
Maine on February 15, 1898, declarations executed and filed sub- 
sequent to the discharge or. death of the person upon whose service 
a claim is based shall be accepted as valid without regard to whether 
the claimant is or is not entitled to be a beneficiary under section 
2, act of March 30, 1898. Pensions allowed such beneficiaries must 
not commence prior to February 16, 1899, as provided in section 4 

of said act. 

REGULAR ESTABLISHMENT. 

135. All claims for pension based upon death or disability incurred 

in the Regular Army, Navy, or Marine Corps of the United States, 

between July 1, 1865, and April 21, 1898, and subsequent to July 4, 

1902, shall be charged to a separate class to be known as "Regular 

Estabhshment." 

LINE OF DUTY. 

136. In claims for pension where disability or death is alleged to 
be due to a disease chargeable to the service, if the existence of the 
disease is satisfactorily shown in the service as alleged, and if it 
does not appear' that the soldier or sailor was absent when the same 
was incurred and there is nothing adverse to its origin, line of duty 
may be presumed. 

CLAIMS UNDER DIFFERENT LAWS. ELECTION AND RE STORATION. 

137. No claim for pension shall be deemed to have reached final 
adjudication until all evidence necessary for a legal adjudication 
has been obtained and a legal approval or rejection had upon such 
evidence. 



REGULATIONS GOVEHKIWG PENSION BUEEATJ. 83 

138. Where, in a claim for pension, the title established is to an 
equal or less rate than that which the applicant is already receiv- 
ing under some other law, it shall be dealt with as provided in sec- 
tion 93. 

139. In the event that a claimant is accorded a rating under the 
act of June 27, 1890, as amended by the act of May 9, 1900, or under 
the act of April 19, 1908, but is already on the rolls at a higher rating 
under sections 4692 and 4693, or 4702 and 4703, Eevised Statutes, 
he or she shall be notified of the action taken in the pending claim 
as follows: 

You are infoimed that the above-entitled claim for pension under the act of 

has been approved at $ per month, but as been pensioned 

under sections and , Revised Statutes, at $ per month, from 

, tor the reason that it confers no benefit, an issue will not be made under the 

act of , unless should desire to surrender pension under 

sections and , Revised Statutes, and request. . the issue of a certificate 

under the act of 

If request. . issue of certificate under the act of , a fee 

of $ will be deducted from the pension allowed under such issue, to be paid 

to attorney , of 

140. In the event that a claimant is accorded a rating under sec- 
tions 4692 and 4693, or 4702 and 4703, Revised Statutes, but is 
already on the rolls at a higher rating under some other law, he or 
she shall be notified of the action taken in the pending claim as 
follows: 

You are informed that the above-entitled claim for pension under sections 

and Revised Statutes, has been approved at $ per month, from , 

on account of , but as been pensioned under the act of 

, at $ per month, from , f or the reason that it confers 

no benefit, an issue will not be made under sections and , Revised 

Statutes, unless should desire to surrender- pension under the act 

of , and request. . the issue of a certificate under sections and 

, Revised Statutes. 

If request. . the issue of a certificate under sections and , 

Revised Statutes, a fee of $ will be deducted from the pension allowed under 

such issue, to be paid to attorney , of 

141. Nothing under this title shall be so construed as to delay 
the final adjudication of any claim to await completion of any other 
claim pending in behalf of claimant. 

142. Gaims pending under sections 4692 and 4693, Revised Statutes, 
in which medical examination faUs to show a greater rate for disabili- 
ties alleged tmder said sections than the pensioner is receiving under 
a subsequent act, shall be referred to the medical referee by the chief 
of the adjudicating division for an opinion as to the rate radicated. 
If the opinion of the medical referee shows that no benefit would 
accrue to the claimant under sections 4692 and 4693, Revised Statutes, 



34 EEGULATJONS GOVERNING PENSION BUREAU. 

if the claim were completed, the claim shall be submitted to the board 
of review for proper action. 

143. Where a pensioner having a certificate under sections 4692 
and 4693, Revised Statutes, surrenders it to take a certificate under 
any subsequent act, the disability for which he had been pensioned 
having increased, an application for renewal and increase of his pen- 
sion thereunder having been filed in the bureau, and the medical 
examination held thereunder showing such increase, the form of cer- 
tificate issued in such cases shall be "renewal and increase under the 
general law/' pension to commence on the date of the medical exami- 
nation, with proper deduction of payments made since that date 
under the subsequent act. 

144. Where a pensioner under the act of June 27, 1890, as amended, 
act of February 6, 1907, or act of May 11, 1912, files a claim under 
sections 4692 and 4693, Eevised Statutes, and upon adjudication of such 
claim title to a rating less than or equal to that which he is then 
receiving is established and admitted, the issue of certificate is sub- 
ject to his election. If he fails to elect to take pension under sections 
4692 and 4693, Revised Statutes, but subsequently files a claim for 
a higher rating under said sections, the claim for the higher rating 
under said sections shall be entertained, regardless of the fact that the 
pensioner's name had not been inscribed on the rolls under said sec- 
tions; and, if certificate is issued, pension shall commence on the date 
fixed in the original adjudication and the higher rate from the date 
of the examining surgeon's certificate establishing the same, with 
such deductions as may be necessary to give pensioner the full benefit 
of the highest rating allowed him over the period covered by both 
certificates. 

DISPOSITION OF CLAIMS FOB, TWO OB MOBE DISABILITIES. 

145. Invalid claims in which more than one disability is alleged 
may be allowed when one of the pensionable disabilities is established. 
The examiner submitting the claim shall at the same time make the 
proper caU for the evidence necessary to complete the claim for the 
other disabilities. After allowance of the claim the papers shall be 
returned to the adjudicating division for completion of claim for the 
remaining disabilities. 

146. No claim which has been allowed and in which certificate has 
issued, leaving one or more disabihties pending, shall again be sub- 
mitted to the board of review until the merits of all alleged disabilities 
are determined, or the claimant shall have stated his inability to 
complete the claim. Where a call for evidence has been unanswered 
for six months, the claim may be submitted for allowance for the 
disabilities proved and for rejection of those not established. 



KEGULATIONS GOVBKJJING PENSION BUKEAU. 85 

DECLABATION OF APPLICANT AS TO OTHER SERVICE, 

147. Where a declaration for pension contains a statement that the 
applicant had "no other service," such statement may be accepted 
as prima facie evidence upon that point, but may not be accepted as 
conclusive, either as to services prior or subsequent to the service 
named. If any reason appears for supposing that there may have 
been another service, the question should be fuUy inquired into. 

148'. If the soldier has been pensioned, and\the widow or depend- 
ents apply for a pension based upon the status of the soldier fixed by 
the Pension Bureau during his lifetime, the claimant shall not be 
required to make further showing as to other service of the soldier, 
unless there first appears a good reason for the belief that there may 
have been a prior or subsequent service. 

REFUNDMENT AND RECOVERY. 

149. Whenever practicable, refundments and recoveries of money 
shall be required in drafts on New York, payable to the Treasurer of 
the United States. In case the refundment is by post-office money 
order the same should be drawn on the postmaster, Washington, 
D. C, payable to the Treasurer of the United States. AU refund- 
ments and recoveries should be transmitted to the Commissioner of 
Pensions, for deposit to the credit of the proper appropriation. 

150. All checks, drafts, post-oiRce money orders, and cash received 
in the bureau shall be forthwith delivered to the Chief of the Finance 
Division, who wiU give proper receipts for same. All such checks, 
drafts, money orders, and cash, if they represent refundments on 
account of improper payments, shall be transmitted to the Treasurer 
of the United States and proper certificates of deposit for the amounts 
procured. The Auditor for the Interior Department shall be advis^ed, 
upon receipt of the certificate of deposit, as to the disposition to be 
made of the amount refunded. 

151. a. If the recovery be made by a special examiner, he shall be 
governed by letter of instructions from this bureau as to amoimt to 
be recovered or refunded. No action shall be taken by the special 
examiner, except to report the facts in the case, until such letter of 
instructions shall have been received by him, save in case of emer- 
gency where delay in securing the refundment might endanger its 
recovery, when the special examiner shall exercise a sound discretion 
as to the advisabihty of taking immediate action. 

B. In case of refundment obtained by special examiner, a full and 
complete record of the entire transaction, giving the number, date, 
and amount of the draft or post-office money order and the names of 
all parties connected therewith, shall be made in a book to be kept 
for that purpose by the Chief of the Special Examination Division. 



36 KEGUI-A.TIONS GOVEENING PENSION BUEEAU. 

152. In cases where an applicant has misstated his age, but where 
there is no evidence qi intent to defraud, recovery shall be made of 
the erroneous payments covering the period from date of allowance 
to the date when the pensioner arrives at an age which would warrant 
the allowance of the rate in question, without reference to the ques- 
tion of filing additional application. 

163. In cases where the misstatement as to age is shown to have 
been made with fraudulent intent on the part of claimant, recovery 
shall be made of aU erroneous payments made under the allowance 
based on the declaration in question. 

154. Where an overpayment of pension has been made as a result 
of fraud or the concealment of an essential fact on the part of the pen- 
sioner, or of mistake of fact, and the pensioner dies and a claim for the 
accrued pension from the date of last payment to date of the pen- 
sioner's death, is made, the act of December 21, 1893, does not apply, 
the Government having the right to reimburse itself for the amount 
erroneously paid to the pensioner by reason of fraud, concealment, or 
mistake of fact. 

DBOPPING. 

155. a. When it has been determined by satisfactory proof, after 
legal notice to the pensioner, that the name of such pensioner was put 
on the pension roll through false and fraudulent representations, the 
name and cause for dropping such pensioner shall be submitted, in a 
proper letter prepared in the Finance Division, to the Secretary of the 
Interior, and upon receipt of his approval of the proposed action, the 
name of the pensioner shall be dropped from the roll. 

I. Where disability from pensioned cause has ceased, the Board of 
Review and Medical Division, in making approval for droppings, shall 
indicate the date such disability is held to have ceased, and in the 
notice to the Finance Division to drop name from the rolls such date 
shall be stated, in order that payment may be made to that date. 

This rule may not prevent payment of pension beyond the date 
the disability is held to have ceased in those cases where such event 
occurs so short a time before the next quarterly payment as to pre- 
vent the statutory notice prior to payment becoming due, but it 
must be applied in all cases where it can be. 

ACCRUED PENSION AND BEIMBUBSBMENT. 

156. All applications for accrued pensions which are not accom- 
panied by a declaration for pension in behalf of the widow or minor 
child shall be forwarded to the Law Division. The Law Division 
shall secure the necessary data from such application to drop the pen- 
sioner's name from the roll and forward said data to the Finance 
Division, and shall then immediately send the accrued claim to the 
proper adjudicating division. 



KEGULATIONS GOVEBNING PENSION BTJHEAU. S7 

Applications for accrued pension are not required to be in any 
particular form. The right to the accrued may be considered and 
adjudicated upon request, by letter or otherwise, containing sufficient 
information, or as an incident to the claim of a widow or guardian 
of minors. 

157. In the consideration of claims for reimbursement under the 
act of March 2, 1895, the amount received on account of the expense 
of the pensioner's burial from pubUc funds of the various States or 
provided by the Government in the District of Columbia, shall be 
deducted from the approvable expenses. The fact that a certain 
amount may be available for burial purposes under the laws of the 
various States shall not be considered in the settlement of such 
claims unless it be shown that such amount has been or will be 
received. 

168. Title to accrued pension shall be established in the adjudicat-' 
ing divisions and board of review according to the usual procedure. 

159. In the adjudication of accrued pension claims careful examina- 
tion shall be made of papers to determine whether the last pension 
certificate issued to the deceased pensioner is with the papers, and 
the fact as to whether such certificate is with the papers shall be care- 
fully noted on the accrued face brief. Any such certificate found 
shall be attached to the brief next after the face brief. The presence 
or absence of said certificate in the files of this bureau shall be noted 
on a memorandum from the Certificate Division with the order of 
pay. 

160. Hereafter, no original or other certificate upon which no 
payment has been made shall be canceled on account of death of the 
pensioner. Certificates of this kind shall be sent to the Finance 
Division, where they shaU be filed in the claim, and the pensioner's 
name dropped from the rolls. When claims to the accrued pension 
in these cases are established, they shall be submitted on the usual 
accrued face brief, which shall show, in addition to the other facts, 
whether an attorney was entitled to a fee when the claim was allowed, 
and if so, the amount thereof. In cases where attorneys are entitled 
to fee, the "accrued orders" shall show the names of the attorneys 
and the amount of fees- due, and direct thiat they be paid from the 
accrued pension. 

161. An incomplete claim of a deceased claimant who leaves 
neither widow nor minor child surviving and in wliich no claim for 
reimbursement has been filed, shall be rejected for that reason. If 
it is called up by a person claiming a right to complete the same under 
the act of March 2, 1895, such person shall be notified of the require- 
ments to complete the pending claim, and of the conditions under 
which reimbursement under the act of March 2, 1895, may be obtained, 
reimbursement blanks being inclosed. 



88 REGULATIONS GOVERNING PENSION BUREAU. 

. 162. Claims for reimbursement shall be referred through the Law 
Dmsion to the Army and Navy Division. 

If in the reimbm-sement sectiim it be found that the pensioner's 
name has not been dropped from the roll, all the papers shall be 
referred by it direct to the Finance Division for dropping. 

CALLS RELATIVE TO PAYMENTS. 

163. Whenever information is required touching payments to any 
pensioner, call therefor shall first be made upon the Finance Division; 
if the information is not obtainable there, a call may then be made 
upon the Auditor for the Interior Department. 

CONSOLIDATION OF CLAIMS. 

164. a. When an original claim of a widow, minor, or dependent 
relative of a soldier is filed, and upon an examination of the records 
4t appears that a pension had been previously allowed to or on 
account of the soldier named in the apphcation, the Record Division 
shall note the number and series of the certificate previously issued 
upon the jacket of the new claim and forward the claim to the adjudi- 
cating division to which it belongs. 

h. When the claim shall have reached the adjudicating division, 
the chief of division shall forward to the admitted files a slip bearing 
the certificate number, series and service of the allowed claim, and 
the number of the pending claim. The allowed claim, including the 
jacket, shall then be drawn and forwarded to the adjudicating division 
and consolidated with the pending claim, and the slip shall be retained 
in its place in the admitted files. 

165. When two or more pending claims on account of the same 
soldier are allowed on review, they shall be kept together in the certifi- 
cate division, and when they finally reach the admitted files they shall 
be filed under the number of the certificate issued to the person having 
the latest title in the order of succession. If at any time during the 
examination or adjudication of a claim it shall appear that there is a 
previously allowed claim, the papers or jacket of which have not been 
consolidated with the pending claim, the examiner having the claim 
in charge shall forward the proper slip to the admitted files and draw 
and consolidate the jacket and any other papers it may contain with 
the pending claim. 

166. When a claim is filed and the records show no previously 
allowed claim, but show a pending or rejected claim, the claims 
shaU be consolidated by the adjudicating division upon receipt of 
the new claim from the record division. 

167. The above directions shall not apply to the consolidation of 
claims for bounty land. 



BEGTJLATIONS GOVERNING PENSION BUEEATJ. 39 

168. When a pending or rejected original invalid claim is consoli- 
dated with a widow's, minor's, or dependent claim, a slip representing 
the invahd claim, and showing under what law said claim was made, 
whether pending or rejected, and the number of the claim with which 
it is consolidated, shall be made and placed in the proper invaUd file. 

169. When a pending or rejected widow's claim is consolidated 
with a minor's claim, or a father's with a mother's claim, or the 
reverse, a slip representing said claim and showing the law under 
which it was made, whether pending or rejected, and the number of 
the claim with which it is consolidated, shall be made and placed in 
the proper widow's and dependent file. 

BRIEFING CLAIMS. 

170. All papers in claims submitted to the Board of Review for 
action shall be briefed systematically in accordance with the order of 
arrangement hereinafter indicated; those not so briefed should be 
returned for correction. 

171. When a claim is briefed, a sheet of manUa paper shall be 
attached last of all and the whole brief fastened together with two paper 
fasteners passed through from back to front. Sheets of manila paper 
shall be placed between the different briefs. The manila sheets should 
not be turned over on the top of the face brief. 

172. Nothing should appear above the face brief submitted. 
Decisions of the Secretary, directions from the commissioner or 
deputy commissioner as to action to be taken, opinions of the medi- 
cal referee, and Law Division should follow next after the face brief, 
in the order named. 

173. Cases submitted for admission or rejection shall so state; and 
the examiner may give briefly his reasons for his action in the prem- 
ises. The grounds upon which it is proposed the claim should be 
rejected should always be stated by the examiner. 

174. a. In cases submitted to the Board of Review reports of 
persons giving private information must not be attached to the 
brief, but must be placed in an envelope marked "Confidential," 
and this envelope placed in the jacket of the case. 

6. All papers which do not affect the merits of the case should be 
collected together in a separate jacket. 

175. All correspondence from witnesses and the verification of 
service should follow the affidavits to which they refer. 

176. If a claim under any service act has already been submitted, 
and subsequently a claim under the general law is to be submitted, 
the War Department and other department reports should be 
removed and placed in their proper place in the general law brief. 
In all cases all the certificates of medical examination should always 
be placed at the end of the brief. 



40 KEGULATIONS GOVEBNING PENSION BUBEA0. 

177. The line of the face brief beginning with the words "pen- 
sioned for" must be left blank by the examiner to be filled in by the 
raters after the legal and medical approvals have been made. The 
raters must use the greatest care in filling this line accurately in 
accordance with the medical approval. 

178. No erasure shall be made of any writing or printing upon 
any face brief, or other paper pertaining to a claim fUed, or adjudi- 
cated, except by such a line in red ink drawn through the writing 
or printing, which wUl permit the reading with distinctness of the 
original. All such changes or indorsements upon face briefs must be 
signed or initialed and dated by the person making the same. No 
change shall be made on a face brief on which final action has been 
taken. 

179. AH face briefs should be indorsed or initialed so as to show 
at a glance the division to which the case belongs. The face brief 
should show the name of the Senator or Representative who called 
up the case. 

^ 180. a. In claims of female children who have married, their 
names after marriage should appear at the head of the face brief, as 
well as below the rate, since the other matter appearing on the face 
brief sufiiciently shows that they are the children of the soldier. 

6. In the claims of remarried widows the claimant's present name 
should be used, followed by the words "former widow of." 

181. No claim shall be submitted to the Board of Review for 
action without having attached thereto a separate face brief for each 
class of claims involved, and action in each class shall be on the face 
brief especially prepared therefor. 

182. After the examiner has prepared his face brief he shall verify 
the entries thereon and check the same with a blue pencil, being care- 
ful not to deface the face brief, beginning with the name of the 
claimant and going over all the written portions of the face brief until 
every item therein has been verified and checked. The same rule shall 
be observed in the Board of Review, where the check marks shall 
be made with red pencil by the reviewer and with black pencU by 
the re-reviewer. The errors discovered in face briefs by the reviewer 
shall be charged against the examiner and operate as a reduction in 
the standard of efficiency. 

183. a. Where a claim has been rejected on legal grounds and 
evidence is subsequently filed therein, in considering such evidence 
a reopening face brief shall be used, which should show fuUy all 
testimony filed and the date thereof, since action of rejection was 
taken, and must be attached to the brief, whereupon the case shall 
be submitted to the Board of Review for consideration of the ques- 
tion of reopening. In claims rejected upon medical grounds, the 
reopening face brief shall be used by filling out that part thereof 



KEGULATIONS GOVEENING PENSION BUKEAtT. 41 

which is prepared for reference to the medical referee. The action 
of the medical referee upon such reference shall also be entered upon 
the face brief in the space provided therefor. If the medical action 
is in favor of reopening or of ordering another medical examination, 
such action on the face brief constitutes a reopening of the claim, 
and when another medical examination is determined upon it shall 
be ordered by the medical referee. 

h. If reopening is denied on either legal or medical grounds the 
claimant or his attorney should be promptly advised. 

c. The name of a Member of Congress should not be entered on 
a reopening face brief, unless the tes imony with a view to reopening 
was filed through him, or he has called for the status of such claim 
since the filing of such testimony, and has been informed that he will 
be further advised regarding the claim after the testimony shall have 
been duly considered. 

The name of a Member of Congress should not be entered on a 
face brief disposing of a claim, unless the declaration was filed 
through him, or he has called up the case since the fifing of the 
declaration under consideration. 

184. a. Should the medical referee reverse the action of rejection 
in a case referred to him by the commissioner or the deputy com- 
missioner, he shall use the reopening face brief and state thereon his 
reasons for such action. 

h. Likewise whenever directions are given by the Secretary, the 
commissioner or the deputy commissioner to reopen a claim, the 
adjudicating division shall reopen such case, using the reopening face 
brief and attaching the directions thereto. 

185. Reopened claims when submitted to the Board of Review for 
final action shall have the regular face brief attached, the reopening 
face brief following it. 

186. In any claim in which completed action has been taken by 
the Medical Division, but which has been returned for further action, 
the face brief must not be taken from the case, even where a change 
in the medical approval or rate is found necessary. In a claim in 
which the action of the Medical Division is not fully completed, or a 
new face brief is required to make changes in the contemplated 
approval or rates, the face brief shall not be removed. 

187. When the commissioner reverses the action of the Board of 
Review the old face brief should be canceled by the Chief of the 
Board of Review by indorsement thereon, and a new face brief 
should be attached and action taken thereon in accordance with the 
commissioner's decision to which should be added the indorsement: 

"See directions of the commissioner of (date)" the 

commissioner's directions being placed immediately imder the new 
face brief. , 



42 REGULATIONS GOVKKJSING PENSION BUKEAXT. 

188. The following indicates the order of arraiig£Sli®t of papers 
with reference to the different classes of daicas: 

ORIGINAL mVALID. (SECS. 4692 AND 4S93, K. S.) 

189. Face brief. (If more than one, nothing to appear between 
the "Faces" except the fee agreements.) 

Declarations. (In order of filing, oldest first.) 

Other statements of claimants. (In order of filing, oldest first.) 

Powers of attorney. 

Fee agreements. 

War Department reports. 

Other department reports, if any. 

Certificates of disability for discharge. 

Evidence of prior soundness, when necessary. 

Evidence of origin — (a) Surgeon. 

(&) Commissioned officers, 
(c) Enlisted men. 

Evidence of continuance in its chronological order, beginning at 
discharge. 

Certificates of medical examinations. (Arranged according to date 
of examination, oldest first.) 

190. Where claim is being completed by widow or minor child 
and no widow's or minor's claim is submitted, the following evidence 
should come immediately after evidence of continuance: 

a. If widow completing: 

Evidence showing date of death of soldier. 

Evidence showing marriage of soldier. 

Evidence showing death of former consorts, or no prior 
marriage. 

Evidence showing widowhood. (If remarried, evidence 
showing that fact.) 
6. If minor completing: 

Evidence showing death of widow. 

Evidence showing date of birth. 

Evidence showing no other minor. 

Letters of guardianship. 

ACT OF JUNE 27, 1890. 

191. a. Same order shotdd be observed as in an original claim 
under the general law, except that, following the reports from the 
War or other departments, should come: 

Evidence of existence of disabihty, from date of filing to medical 
examination. 

Evidence of nonvicious habits. 

h. If the original invalid claim under the general law has already 
been briefed and submitted, or if there is to be an original invalid 



REGULATIONS GOVERNING PENSION BUREAU. 43 

claim under the general law and at the same time a claim under 
the act of June 27, 1890, submitted, then, following the face brief 
under the act of June 27, 1890, should come: 

Declarations. 

Claimant's statements. 

Powers of attorney. 

Evidence of existence of disability from date of filing. 

Evidence of nonvicious habits. 

Other papers necessary to estabhsh the claim should remain in the 
brief under the general law claim. 

ACT OF FEBRUARY 6, 1907. 

192. Same order should be observed as in a claim under the act 
of June 27, 1890, except that, in lieu of evidence of existence of disa- 
bility and of nonvicious habits, there should be briefed evidence of 
age. 

ACT OF HAY 11, 1912, AS AMEITDED BY ACT OF UARCH 4, 1913. 

193. Same order should be observed in claims under the age and 
service clause of the above acts as in claims under the act of February 
6, 1907. In claims under the disability clause of the act of May 11, 
1912, the same order should be observed as in claims under the act 
of June 27, 1890. 

nrCREASE. (SECS. 4692 AND 4693, R. S., ASD ACT OF JXTITE 27, 1830.) 

194. Face brief. 

Pending declaration for increase. 
Powers of attorney. 

Evidence in support of claim for increase. 
Former face sheets in order. (Oldest last.) 

The certificate of medical examination should foUow certificate 
of medical examination made in former claim. 

INCREASE AND ADDITIONAL DISABIUTY. 

195. Same mode of procedure as in straight increase, except that 
testimony as to origin should follow former testimony as to same, 
and evidence of continuance should follow former evidence as to 
continuance. Certificate of medical examination to be placed last 
in the brief and fee agreements to be placed as in an original claim. 

REBATING. 

196. Same as in increase claim. If claim for rerating is sub- 
mitted with any other claim or claims under general law, action 
for both or aU should be had on same face brief. 

RESTORATION AND REISSrE. 

197. Claims for restoration and reissue of all kinds should be 
briefed as in a claim for increase and new disability. 



44 REGULATIONS GOVEENING PENSION BTJEEAU. 

WIDOW'S CLAIM. (SECS. 4703 AJSO 4703, B. S.) 

198. Face brief. 

Declarations. (In order of filing, oldest first.) 

Other statements of claimants. (In order of filing, oldest first.) 

Powers of attorney. 

Fee agreements. 

War Department reports. 

Other department reports, if any. 

Certificate of disability for discharge. 

Evidence showing any other service of soldier. 

Evidence of origin. (To be arranged as in an original invalid 
claim.) 

Evidence of continuance. (To be arranged as in an original 
invalid claim.) 

Evidence showing date and cause of death. 

Evidence of marriage to soldier. 

Evidence of death or divorce of former consorts or of no prior 
marriages. 

Evidence of continued widowhood. 

Evidence of births of children claimed for, and that they are still 
living. 

199. If soldier was a pensioner, or where an invalid claim is also 
submitted, the War and other departmental reports should appear 
in the invalid brief instead of the widow's, as above, as also evidence 
of origin and continuance, except where death is attributed to other 
than the causes for which soldier was pensioned, or for which an 
invalid claim was submitted, in which event such evidence should 
appear with the widow's brief in the order as given above. 

WIDOW'S CLAIM. (ACT OF JUNE 27, 1890.) 

200. The same order of briefing should be followed as in a claim 
under the general law, except that evidence as to means of support, 
followed by copy of assessment record, should occupy the place of 
"origin and continuance." 

MINOR COMPLEXmo. 

201. Following dates of birth of children should come: 
Evidence showing date of death of widow. 
Evidence showing no other minors. 

Letters of guardianship. 

WIDOW'S CLAIM. (ACT OF APRIL 19, 1908.) 

202. Same order of briefing should be followed as in claims under 
the act of June 27, 1890, except that evidence of property is not 
required. 



KEGULATIONS GOVEENING PENSION BUKEATT. 45 

ACCRUED PENSION. 

203. a. In case of the soldier, face brief to be placed on top of 
last invalid face brief. 

h. In case of widow or dependent relative, to be placed on top of 
the last face brief in such case. 

c. The certificate of the deceased pensioner should be placed next 
after the face brief. 

d. Evidence in support of the claim should be placed next, except: 

e. When there is a widow's or minor's claim also submitted; it 
should then appear in its proper place in such claim. 

MIKOR'S CLAIU. (UNDER SECS. 4702 AND 1703, R. S., OR ACT OF JUNE 27, 1890.) 

204. Same order of arrangement as in a widow's claim, except that 
after evidence showing dates of birth of minors should come: 

Evidence of death or remarriage of widow. 
Evidence of any other minor. 
Evidence that all are stiU living. 
Letters of guardianship. 

HELPLESS MINOR. (ACT OF JUNE 27, 1890.) 

(Supplemental issue to widow's or minor's pension.) 

205. Face brief. 
Declaration. 

Statements of claimant. ^ 

Evidence as to helplessness to follow last evidence filed in claim. 
Certificate of medical examination. 

DEPENDENT MOTHER. 

206. Face brief. 

Declarations. (In order of filing, oldest first.) 

Other statements of claimant. (In order of filing.) 

Powers of attorney. 

Fee agreements. 

War Department reports. 

Other departmental reports, if any. 

Certificates of disability for discharge. 

Evidence showing any other service of soldier. 

Evidence of origin. (To be arranged as in an invalid claim.) 

Evidence of continuance. (To be arranged as in an invahd claim.) 

Evidence of date, and cause of death of soldier. 

Evidence of relationship of soldier and claimant. 

Evidence of cehbacy of soldier. 

Evidence of death or disability of father. 

Evidence of dependence — (a) Property. 

(6) Income. 

(c) Contributions. 



46 REGULATIONS GOVEKNING PENSION BtJEBATT. 

Transcript of assessment records. 

Evidence as to whether claimant has remarried. 

If soldier was a pensioner, or where an invalid claim is submitted, 
the War and other department reports; also evidence of origin and 
continuance, except where death is attributed to a cause other than 
that for which soldier was pensioned, or for which an invalid claim 
is submitted, should appear in the invalid brief, instead of the 
dependent mother's, as above. - 

DEPENDENT FATHER. 

207. Same arrangement as in a mother's claim, except that, after 
evidence of date, and cause of soldier's death, should come: 

Evidence of marriage to mother. 
Evidence of birth of soldier. 
Evidence of death of mother. 
Evidence of celibacy of soldier. 
Evidence of dependence. 
Transcript of assessment records. 

DEPENDENT BB.OTHERS AJSTD SISTERS. 

208. Same arrangement as in a mother's case, except that, after 
evideiice of date, and cause of death, should come: 

Evidence of relationship to soldier. 
Evidence of celibacy of soldier. 
Evidence of death of father and mother. 
Evidence of dates of births of claimants. 
^Evidence of no other minor brothers or sisters. 
Evidence of dependence. 
Transcript of assessment records. 

DEPENDENTS GENERALLY. 

209. In all dependent cases, where one claim has been rejected and 
a new claim is subsequently filed, the declaration, testimony, and 
other papers shall be placed under a new face brief, and then the 
whole be superimposed on the old. 

If more than one, the same order will be observed. 

MEXICAN WAR, 

SUBVrVOR. 

210. Face brief. 

Declarations. (In order of dates of filing.) 

Claimant's afl&davits. (In order of filing.) 

Powers of attorney. 

Department reports. 

Evidence of identity. ' , 

Evidence of disability, dependence, or age. 



REGULATIONS GOVEENING PENSION BUREAU. 47 

INCREASE. 

Face brief. (To be placed on top of former face sheets.) 
Declarations, following former declarations in survivor's claim. 
Claimant's statements, following declarations. 
Powers of attorney. 

Evidence as to age, disability, and means of support to follow 
former testimony in survivor's claim. 
Certificate of medical examination. 

WIDOW. 

If there is no survivor's brief, then arrangement to bo same as in 
Mexican War survivor, to be followed by: 
Evidence of death of soldier. 
Evidence of marriage to soldier. 
Evidence as to prior marriage. 
Evidence as to continued widowhood. 

If there is a survivor's brief, then widow's brief should consist of: 
Face brief. 
Declarations. 
Claimant's statements. 
Powers of attorney. 
Evidence of identity. 
Evidence of death of soldier. 
Evidence of marriage to soldier. 
Evidence as to prior marriage. 
Evidence as to continued widowhood. 
Evidence of disability, dependence, or age. 

Il^SIAN WAES. 
SURVIVOR. 

211. Face brief. 

Declarations. (In order of filing.) 

Claimant's statements. (In order of filing.) 

Powers of attorney. 

Department reports. 

Evidence of identity. 

WIDOW. 

If there is no survivor's brief, then arrangement to be the Game 
as Indian wars survivor, followed by: 
Evidence of death of soldier. 
Evidence of marriage to soldier. 
Evidence as to prior marriage. 
Evidence as to Continued widowhood. 
T6704°— 15 i 



48 REGULATIONS GOVEKNING PENSION BUREAU. 

If there is a survivor's brief, then widow's brief should consist of: 

Face brief. 

Declarations. 

Claimant's statements. 

Powers of attorney. 

Evidence of identity. 

Evidence of death of soldier. 

Evidence of marriage to soldier. 

Evidence as to prior marriage. 

Evidence of continued widowhood, 

ARMY NITRSE. 

212. Face brief. 
Declarations. 
Claimant's statements. 
Department reports. 

Evidence as to service (wh«n required). 
Evidence as to inability to earn a support. 

DIVISION OF PENSION. (ACT OF MAROH 3, 1833.) 

WIPE. 

213. Face brief. (If more than one, in cases submitted to the 
special examination division, nothing to appear between them.) 

Index (if any). 

Declarations (in order of filing, oldest first). 

Sworn statements of claimant (ia order of filing, oldest first). 

Unsworn statements of claimant (in order of filing, oldest first). 

Power of attorney (claimant's). 

Evidence of marriage. 

Evidence as to prior marriage. 

Evidence of no divorce. 

Evidence of desertion, good moral character, and necessitous cir- 
cumstances, in order stated. 

Copy of assessment record. 

Evidence of nonresidence in a home for wives and children of 
soldiers and sailors. 

Miscellaneous evidence. 

Acknowledgment by finance division of order of suspension and 
report as to post-office address of pensioner. 

Statement by governor of home of amount of pension suspended. 

Report of governor of home as to date of admission and residence 
in home. 

Registry return receipt card. 

Thirty-day notice to pensioner (if returned). 

Sworn statements of pensioner (in order of filing, oldest first). 



REGULATIONS GOVKENING PENSION BUEEAU. 49 

Unsworn statements of pensioner (in order of filing, oldest first). 
Power of attorney (pensioner's). 
Pensioner's family data circular (if any). 
Testimony in support of pensioner's contentions. 
All correspondence with witnesses to follow the affidavits to which 
they refer. 

MINORS AND HELPLESS AND DEPENDENT CHILD. 

(Division of Pension.) 

214. Face brief. (If more than one, in cases submitted to the 
special examination division, nothing to appear between them.) 

Index (if any). 

Declarations (in order of filing, oldest first). 

Letters of guardianship (if any). 

Sworn statements of guardian or next friend (in order of filing, 
oldest first) . 

Unsworn statements of guardian or next friend (in order of filing, 
oldest first). 

Power of attorney (guardian's or next friend's). 

Evidence of marriage of mother. 

Evidence as to prior marriage. 

Evidence of birth of child or children. 

Evidence of divorce or death of mother. 

Evidence of desertion. 

Evidence of permanent helplessness and dependence. 

Evidence that pensioner has not remarried or that his present 
wife has no title to one-half pension. 

Evidence of nonresidence in home for wives and children of soldiers 
and sailors. 

Miscellaneous evidence. 

Acknowledgment by finance division of order of suspension and 
report as to post-office address of pensioner. 

Statement by governor of home of amount of pension suspended. 

Keport of governor of home as to date of admission and residence 
in home. 

Registry return receipt card. 

Thirty-day notice to pensioner (if returned). 

Sworn statements of pensioner (in order of filing, oldest first). 

Unsworn statements of pensioner (in order of filing, oldest first). 

Power of attorney (pensioner's). 

Pensioner's family data circular (if any). 

Testimony in support of pensioner's contentions. 

All correspondence with witnesses to follow the affidavits to which 
they refer. 



50 EEGULATIONS GOVEEITIKG PENSION BUEEAIT. 

CASES REPORTED TO THE COMMISSIONER. 

215. Every claim, the allowance of which results in the rooponing 
and admission of another claim previously rejected, based on the 
same military or naval service, shall be submitted to the Commis- 
sioner of Pensions for review before a certificate is issued. 

ADDRESSES OF CLAIMANTS. 

216. a. Pensioners and claimants for pension desiring their mail 
sent to cities or towns with a population of 5,000 or more having 
free mail delivery, must give their post-office addresses, their street 
and number, number of post-office box, rural free delivery route, or 
"general delivery," as the case may be. "General delivery" 
addresses shall be accepted only in case it be shown that no other 
address such as above specified is available. 

&. Addresses in care of another person shall not be accepted for the 
transmission of pension certificates or anything of value, or which 
might be appropriated or wrongfully used by another person, nor 
shall any communication be mailed to a claimant for pension or 
increase at a street and number, or post office box address which is 
the same as that of the attorney prosecuting the claim. 

217. Where it is shown that a pensioner or claimant has resided 
for a number of years at the address given in his application, or has 
more recently answered communications addressed to him in which 
street number, post-office box, or rural free delivery route was not 
used, it may be assumed that another address is not available. 

SPECIAL EXAMINATION. 

218. a. When a special examination is deemed necessary, the 
request therefor shall be made in writing by the Chief of the Board of 
Review, or the Chief of the Law Division, or the medical referee. 

h. A request for such examination by the adjudicating divisions 
shall be communicated to the Chief of the Board of Review. 

c. The chief or referee requesting an examination shall make an 
epitome of the case embracing a statement indicating the questions 
sought to be determined and the reasons therefor, and communicate 
the same to the commissioner. Before any matter shall be sub- 
mitted for special examination, it must be approved by the com- 
missioner. 

219. Index sheets shall be prepared in the Special Examination 
Division in aU claims submitted for special examination, and should 
be placed next to the face sheet. The dates when medical exam- 
inations are made, and not the date of the filing of the certificate in 
the bureau, should be noted in the index sheet in cases prepared for 
special examination, and the list of comrades, when required in a 



BEGULATIONS GOVEKNTNQ PENSION BUKBAXJ. 51 

claim for special examination, should be placed next to the index 
sheet. 

220. In all claims for special examination involving identity the 
reference to the adjudicating division should call for a history of the 
organization, to be procured from the library. No claim of this 
kind should be forwarded to the Special Examination Division which 
does not contain such a history. In such cases, also, the Board of 
Review should see that the War Department report contains a fuU 
medical history of treatment, and the personal description of the 
soldier; also, that a tracing of the soldier's signature has been ob- 
tained from the original roUs of the Auditor for the War Depart- 
ment, and any documents that the soldier may have filed to procure 
bounty or back pay; and in claims based on service in the Navy, like 
information should be obtained from the Auditor for the Navy 
Department. 

221. In the special examination of an invalid or survivor's claim, 
when the deposition of the claimant is taken, the special examiner 
shall incorporate therein a statement as to the exact date of his birth, 
and what record thereof exists; also require him to localize as nearly 
as possible the municipahty or neighborhood in which he was born; 
likewise, have him state the names of his parents, brothers, and 
sisters, indicating just where they lived when the United States census 
was taken in 1850 and 1860, or the first and second times after his 
birth; and should take from each invalid claimant a fuU and explicit 
statement covering his marital history, whether there is a family data 
circular on file in the case or not; and should also have such claimant 
state in consecutive order the places and periods of his residence since 
leaving the service. 

222. When it shall appear in any claim that there is a probability 
of fraud or crime on the part of the claimant, witnesses, attorney, 
attesting magistrate, or other person, in connection with the claim 
the case may be at once referred to the Law Division for consideration 
and, if proper, special examination may be requested by the chief of 
that division. 

223. Reviewers and re-reviewers shall carefully examine all reports 
of the Special Examination Division found in cases which are sub- 
mitted to the Board of Review, and after it has taken its action 
shall, where there are criminal features, cause the cases to be trans- 
mitted to the Law Division, in order that all such reports may be 
properly dealt with. 

224. When it is deemed necessary to send out an invalid claim 
(whether original, increase, or additional on account of new disa- 
bility) for special examination, the adjudicating division in charge of 
the case should be careful to see whether a ratable degree of disability 
has been shown; and if there be any doubt upon this point, the papers 



52 REGULATIONS GOVERNING PENSION BUEBAU. 

shall be referred to the medical referee for his opinion. If, in his 
opinion, no ratable disability be shown, the case should not be re- 
ferred for special examination. 

225. In cases which are in the field for special examination and in 
which requests for permits to draw pensions are filed in this bureau, 
the Chief of the Certificate Division shall obtain from the Chief of the 
Special Examination Division the face brief and index. He shalj 
issue the permit in the usual way, making a memorandum of the 
facts on a slip which is to be attached to the face brief temporarily 
and making an entry of the fact in a record to be kept by him. 
He shall then return the face brief and index to the Special 
Examination Division. When the case is returned fi;om the field 
it shall be sent immediately to the Certificate Division, that the usual 
jacket entries may be made. 

226. When a claim is filed under any law and it is found that 
claimant has a claim pending which has been sent to the field for 
special examination, the subsequent claim shall at once be briefed and 
forwarded to the Special Examination Division for indexing and con- 
solidation with the original claim. 

227. During the investigation of a claim under an earher act the 
special examiner shall also secure all necessary evidence for the com- 
pletion of the claim subsequently filed. 

228. The special examiner shall not return a claim to the bureau 
until he has secured all available evidence in his territory relative to 
the merits of all pending claims in the case. 

Upoii the completion of a claim, under any law, the papers, when 
received in the bureau, should be referred to the Board of Review for 
final action upon the completed claim. 

229. In all widows' and minors' claims where it is found that the 
claimant or mother had another husband than the soldier or sailor, 
it should be made to appear whether such other husband had any 
miUtary or naval service. 

230. When a claim is in the field for special examination and it is 
found by the examiner that the claimant is dead, he should return 
the case to the bureau with such evidence as is available relative to 
his death. If knowledge of the death of a claimant whose claim is in 
the field for special examination reaches the bureau, the case should 
be recalled. 

231. Cases submitted to the Board of Review by the Special 
Examination Division should not be returned to the adjudicating divi- 
sions for a call upon the War Department to verify the presence or 
absence of comiades who have testified before a special examiner; 
if the information is proper, it should be sought directly. 

232. When contesting claims are filed a report from the War 
Department as to the service of the soldier should be obtained and 



KBGULATIONS GOVERNING PENSION BUEEAU. 58 

both claims briefed in the usual manner and submitted to the Board 
of Review for reference to the Law Division. Where a prima facie 
case has been established by one of the contestants the board, of 
review shall indicate wherein special examination as to general merits 
is required, and the Law Division shall prepare letters of instructions 
for the guidance of the special examiner for the purpose of having 
such testimony taken as may be necessary to determine whether any 
criminal intent exists on the part of either or both of the claimants. 
Where a prima facie case has not been established by either one of 
the contestants, the reference to the Law Division shall be made 
without recommendation, for such action as that division may deem 
advisable, to take in determining the presence or absence of criminal 
features. 

REJECTED CLAIMS. 

233. When a claim for pension or increase of pension is rejected, 
the claimant and attorney, if any, shall be notified at once of the action 
taken, 

234. If, during its pendency, a claim was called up by a Member 
of either House of Congress who is still in office, a letter shall be 
written him, giving the claimant's post-office address, stating that 
the claim has been rejected and that claimant has been duly advised 
of such action. 

235. Appeals must be filed with the Commissioner of Pensions. 
While no form is prescribed, the appeal must be in writing stating the 
name, service, number of claim, and the. date of the action from 
which the appeal is taken, and specifically pointing out the alleged 
mistake of fact or error of law in the adjudication of the claim by 
the Commissioner of Pensions. The commissioner will thereupon 
forward the appeal to the Secretary, unless there is a reconsideration 
in the Pension Bureau. 

No appeal wiU be entertained unless filed within one year from the 
date of notice of final action or order of which complaint is made. 
Tlie appellant sJiould always state the name, number, and service. 

ABANDONED CLAIMS. 

236. The following practice should be observed as to abandoned 
claims : 

a. Calls for status by claimants, attorneys, or Members of Congress 
should be answered, and the information given that prosecution of 
the claim has been abandoned. 

i. Such claims should be revived upon the expression in writing of 
the desire on the part of the claimant to further prosecute the 
claim. Upon such a statement being made, claimant should be 
fully advised as to the nature of the evidence further required. 



54 KEGULATIONS GOVEBNIKG PENSION BUEEAtT. 

■ c. Attorneys should be treated as duly authorized upon written 
information from the claimant that they are such iattomeys, and that 
such attorneys have a valid power of attorney on file with the papers 
in the case. If a new attorney claims authority, he shall cause to be 
filed a valid power of attorney. 

237. Claims drawn from the abandoned files for submission to 
the Board of Review for consideration of additional evidence filed, 
should have a distinctive slip fastened to the outside in the pending 
files, unless properly reopened. 

APPEALS TO COMMISSIONEK. 

238. When a chief of division in which a claim is being adjudicated 
disagrees with the requirements of the Board of Review, he may ap- 
peal therefrom to the Chief of the Board of Review for his per- 
sonal decision, the point or points at issue being clearly and con- 
cisely stated, and should his opinion sustain the action appealed 
from, the Chief of the Adjudicating Division may then refer the 
case to the commissioner for a final decision. 

239. a. Claims involving questions of marriage or divorce'shall be 
adjudicated in the proper division and then submitted for action in 
the Board of Review. Should the Board of Review be in doubt, the 
question shall be referred to the Law Division for opinion. From 
such opinion the chief of the board may appeal to the commissioner. 

6. Should such a claim be rejected in the Board of Review and 
returned, in the ordinary, course, to the Adjudicating Division, the 
chief of said division, if he disagree with the conclusions of the board, 
may refer the case to the Chief of the Board of Review for his personal 
consideration of the questions involved and his opinion thereon. 
Should his opinion sustain the action of rejection, the Chief of the 
Adjudicating Division may then refer the claim to the commissioner 
on appeal, and the commissioner may refer it to the Law Division 
for its opinion, or may himself render directly his own opinion on the 
question being considered. 

c. This does not deny the right of the Adjudicating Division, with 
the consent of the commissioner, to refer a pending claim to the Law 
Division for an opinion prior to the completion of the same for sub- 
mission to the Board of Review. 

d. No case shall be presented from any division to the commis- 
sioner, deputy commissioner. Board of Review, Law Division, or 
medical referee for decision, opinion, or examination, except in the 
usual course of progression through the chief of the division in which 
the case is adjudicated, or at his instance and with his approval. 



KEGTJLATIONS GOVEKNING PENSION BUKEAU. 55 

FBACTICE m PENSION AND BOtTNTY-LAND APPEALS. 
KTJLES PKOMULQATED BY THE ASSISTANT SECKETAEf OF THE INTERIOa. 

[240.] Rule I. — Except as herein otherwise provided, an appeal 
maybe taken to the Secretary of the Interior from the final action or 
order of the Commissioner of Pensions in all matters relating to pen- 
sions or bounty land, and a separate appeal must be filed in each 
claim. 

[241.] Rule II. — ^Appeals must be filed with the Commissioner of 
Pensions. The commissioner will thereupon, within 30 days from the 
filing of said appeal, consider and determine whether the action or 
order from which the appeal is taken shall be adhered to; and if he 
shall determine not to recede therefrom, he shall, within said period 
of 30 days, forward said appeal, together with the record in the 
case and a report stating his reasons for the action or order com- 
plained of, to the department; and said appeal shall thereupon 
be entered upon a docket kept for that purpose. Upon the per- 
fection of such appeal, by transmission and docketing aforesaid, the 
jurisdiction of the commissioner shall cease and determine, and the 
case will be decided by the Secretary on the record. Copies of the 
decision of the Secretary shall be transmitted with said record to the 
Commissioner of Pensions for action in accordance therewith. One 
copy of the decision shall be transmitted by the commissioner to the 
appellant or his duly accredited attorney. 

[242.] Rule III. — (a) Except as hereinafter stated, the time for 
filing an appeal shall be one year from the date of notice of the final 
action or order of which complaint is made. 

(b) In simultaneous contesting claims, where one is admitted and 
one rejected, the time allowed for the fifing of an appeal shall be 30 
days from the date of mailing of notice of the bureau action to the 
claimant to whom the action is adverse. In such claims the Com- 
missioner of Pensions will promptly notify all parties in interest of 
the action taken by registered letter, inclosing a copy of this rule and 
expressly inviting attention to the fact that an appeal wUl not be en- 
tertained unless filed within the period of 30 days herein prescribed. 

(c) Upon the filing of an appeal, all parties whose interests may 
be adversely affected by the decision shall be notified by registered 
letter of the filing of the appeal and of the substance thereof and al- 
lowed 30 days from the date of the mailing of such notice within 
which to file brief or argument in answer thereto before the papers 
are forwarded to this department. 

The return of a registered letter, unclaimed, containing notice, 
addressed to the last known postoffice address, shall constitute suffi- 
cient evidence of notice. 



56 KEGULATIONS GOVEBNING PENSION BXJBKAtJ. 

[243.1 Rule IV.-^In each appeal the name and service of the sol- 
dier, £)n account of whose service the claim is based, must be stated, 
together with the number of claim, the law under which the claim is 
prosecuted, and the date and substance of the action from which the 
appeal is taken. 

[244.] Rule V. — ^No appeal wiU be entertained from the refusal of 
the Commissioner of Pensions to recognize attorneys or agents in 
prosecuting claims for pension or bounty land under any law wherein 
the payment of a fee for such service is prohibited. 

[245.] Rule VI. — ^An appeal by an attorney wiU not be entertained 
unless he has filed a duly executed power of attorney for this purpose 
from the appellant or is entitled under tha rules to recognition; and 
no appeal, brief, motion, pleading, or other paper or communication 
relative to a case on appeal, filed by a firm of attorneys or agents, 
shall be received or docketed unless the same be signed individually 
by one or more duly qualified members of such firm. 

[246.] Rule VII. — ^An appeal taken on behalf of a claimant by or 
through a suspended or disbarred attorney will not be entertained. 

[247.] Rule VIII. — ^No appeal pertaining to the allowance of a fee 
when the refundment has been called for will be entertained unless 
refundment as required shall have been made. 

[248.] Rule IX. — ^The Commissioner of Pensions shall return to the 
appellant any appeal not in conformity with the provisions of Rules 
III to VIII, inclusive, stating wherein the appeal is defective. 

[249.] Rule X. — In proceedings before the commissioner in which 
he shall decide that a party has no right to appeal to the Secretary or 
that said appeal may not be entertained under the provisions of the 
foregoing rules, such party may apply to the Secretary for an order 
directing the commissioner to certify such action, together with the 
record in the case, to the department; and such application shall be 
in writing, under oath, and shall fuUy and specifically set forth the 
grounds upon which the same is based. If upon a hearing of the 
application the Seg-etary shall grant a writ of certiorari under this 
rule the jurisdiction of the department shall be ample for the correc- 
tion of any error appearing in the record. 

[250.] Rule XI. — Each appeal must contain specific assignments 
of the alleged mistake of fact or error of law in the adjudication of 
said claim by the Commissioner of Pensions, and any appeal insuffi- 
cient in this respect may be dismissed by the Secretary. 

[251.] RuxE XII. — a. A motion for reconsideration of any de- 
partmental decision may be filed with and entertained by the Sec- 
retary, in his discretion, if filed within 30 days from the date of mail- 
ing a copy of such decision to the last known post-office address of the 
claimant or his attorney of record. It must be shown in said motion 



EEGULATIONS GOVEKNING PENSION BUREAU. 57 

that some material feature of the case has not been considered in said 
decision or that there was error of law or material mistake of iact. 

6. And in any case involving conflicting claims of two or more 
parties wherein, under either Eule III or Eule XIII, the right of 
appeal is hmited to 30 days there shall be a stay of execution of the 
departmental decision until the expiration of the period within which 
a motion for reconsideration may be filed, unless for especial cause 
mandate forthwith shall issue. 

[252.] RxTLE XIII. — Upon the adjudication of a claim for division 
of pension under the act of March 3, 1899, in the Bureau of Pensions, 
both parties will be promptly notified by the bureau, by registered 
letter, of the action taken. Each party wiU, in the absence of waiver, 
be allowed 30 days from the mailing of said notice to appeal from 
said action, the appeal to be accompanied by due proof of service of 
a copy thereof upon the appellee, as required by Rule XIV. Unless 
such bureau action is appealed from within 30 days from the mailing 
of said notice, the bureau action shall be deemed to be final. 

Provided, The unexplained failure of a pensioner to appear, answer, 
or in any way plead to the claimant's application, after due notice 
thereof by the bureau, will be deemed a waiver of his right to appeal 
to the extent that, if the claim be allowed, fiuaal orders for division 
of pension may issue at once. 

[253.] Rule XIV. — a.. Appeals from bureau action in cases under 
the first, second, and third provisos of the act of March 3, 1899, must 
be accompanied by due proof of service of a copy of the appeal upon 
the appellee or his or her attorney of record. 

6. Proof of service must be such as will satisfy the Commissioner 
of Pensions that the appellee has been informed of the appeal and 
the contents thereof, and may consist of, first, a written acceptance 
of service by the appellee or his or her attorney of record; or, second, 
a postal registry return receipt card, signed by appellee or attorney 
of record, accompanied by an affidavit, showing that on a certain date 
a copy of the appeal was mailed in a registered letter, postpaid, to the 
appellee or the attorney of record, addressed to the appellee or his 
attorney of record at his last known post office (naming it), that the 
card was returned in acknowledgment of the receipt of such letter; 
or, third, an affidavit showing that on a certain day and at a certain 
place a copy of the appeal was personally dehvered to the appellee 
or attorney of record. 

c. Appeals in this class of cases unaccompanied by due proof of 
service, or a satisfactory reason why personal service can not be made, 
will not be filed or considered, but will be promptly retm-ned to the 
appellant, or attorney of record, for compliance with this rule. The 
failure to comply with this rule shall not operate to enlarge the time 
within which appeal may be taksn. 



58 EEGULATI0N8 GOVEBNING PENSION BUEBAU, 

[264.] Rm.E XV. — ^Appeals from bureau action in cases under the 
first, second, and third provisos of the act of March 3, 1899, when 
accompanied by due proof of service of a copy thereof upon the 
appellee, will be filed and the parties promptly notified thereof. The 
appellee will be allowed 30 days from the date of filing the appealin 
which to file answer, brief, or argument in opposition to the appeal 
or in support of the action from which the appeal is taken. An appeal 
duly filed will operate to continue the suspension of the one-half 
pension in controversy. 

[255.] Rule XVI. — a. Appeals from the bureau action in cases 
under the first, second, or third provisos of the act of March 3, 1899, 
must be confined to cases under that act, and not joined with an 
appeal from action in an invalid claim or claims under other acts of 
Congress. When perfected by due proof of service upon the appellee, 
as required by Rule XIV, the appeal should be transmitted to the 
Commissioner of Pensions. The appeal should state the post-office 
address of the appellant and appellee, and the certificate number 
and the service (company and regiment, etc.) of the pensioner, and 
should briefly, but specifically, state the error of law or mistake of 
fact complained of and the grounds relied upon for reversing or 
modifying the action appealed from. 

6. No additional evidence upon the merits of the claim filed by 
either appellant or appellee will be considered on appeal. 

[256.] Rule XVII. — Motions for review of departmental decisions 
in cases for division of pension under the act of March 3; 1899, will 
hereafter be governed by the provisions of Rule XII. If the motion 
be allowed, the opposing party will be notified thereof and allowed 
30 days in which to file answer, brief, or argument. 

[257a.] RuivE XVIII. — All cases on appeal wUl be considered and 
decided in regular order, according to their places upon the docket, 
unless, for cause shown, a case may be advanced, on motion, for 
earlier hearing and determination. Every such motion shall set 
forth succinctly the grounds upon which it is based and must be 
supported* by the affidavits of . at least two disinterested parties 
cognizant of the facts upon which the motion is based. No such 
motion wiU be granted except in cases involving points of pension 
law of general apphcation affecting other claims, unless it appears 
that the appellant is in extreme indigent circumstances or is ill 
without reasonable hope of recovery. 

[257&.] Rule XIX. — In all cases appealed to the Secretary of the 
Interior a copy of the decision shall be mailed to the party in interest 
or his or her attorney of record, and the mandate of the same shall be 
carried into effect within 15 days from the date of the receipt of the 
decision by the Commissioner of Pensions, unless the decision shall 
sooner be recalled by the Secretary of the Interior. 



REGtJLATIONS GOVERNING PENSION BUREAU. 59 

ACTIOIT IH BXmEATT ON APPEALS. 

258. a. All notices of appeal when received in the bureau shall be 
forwarded at once to the Board of Review, where they shall be jacketed 
and recorded-, the date of filing being left blank. Those relating to 
claims for half pension under act of March 3, 1899, or allowance of a 
fee, or recognition of an attorney, shall then be sent to the Law Division. 

h. The Board of Review shall consider aU other notices of appeal 
and determine whether they conform vdth the provisions of the Rules 
of Practice in Pension and Boimty Land Appeals, and each one which 
does not shall be returned to the appellant with a letter stating wherein 
it is defective. 

c. If the notice be found to conform with said rules, the date of 
filing the same shall be noted on the appeal jacket, and it shall there- 
upon be considered and determined whether the action or order from 
which appeal is taken shall be adhered to. 

d. If it shall be determined to recede from the action or order in 
question, the case shall be forwarded to the proper adjudicating division 
with a letter over the commissioner's signature, directing the action to 
be taken in the case. 

259. a. When notice of appeal in reference to fee or recognition of 
an attorney is filed the Law Division shall determine whether the 
same is in due form. If it be in due form, date of filing shall be 
indorsed on the appeal jacket and said division shall then determine 
whether the order or action complained of shall be adhered to. If 
it shall be determined to recede from the action or order, the appel- 
lant shall be so advised and the case shall be forwarded to the proper 
division through the Board of Review, in order that the record of the 
appeal may be completed. 

6. If it shall be determined to adhere to the action or order, the 
appeal, together with the record in the case and a report stating the 
reasons for the action or order complained of, shall, within 30 days 
from the date of- filing of the appeal, be forwarded through the 
Board of Review to the Secretary of the Interior. 

260. a. When a perfected appeal relating to "half pension" shall 
have been received in the Law Division, the date of filing same shall 
be noted upon the appeal jacket, and the parties and their attorneys (if 
any) shall be notified of the filing of the appeal and the appellee and 
his or her attorney (if any) allowed 30 days withia which to file an 
answer, brief, or argument in opposition to the appeal and in support 
of the bureau action. Upon the receipt of an answer, brief, or argu- 
ment in opposition to the appeal, or upon the expiration of the time 
for filing the same, the Law Division shall determine whether the order 
or action complained of shall be adhered to, and if it be determined 
not to adhere, the proper action shall be taken and the case forwarded 
to the Board of Review to complete the record of the appeal. 



60 EEGULATIONS GOVERNING PENSION BUBEAU. 

b. If it shall be determined to adhere to the order or action from 
which the appeal is taken, the appeal, together with the record in the 
case and a report stating the reasons for the order or action in question, 
shall be promptly forwarded, through the Board of Review, to the 
Secretary of the Interior. 

GUARDIANSHIP. 

261. In claims for pensions filed in behalf of persons laboring under 
legal disability, letters of guardianship should not be called for by 
the Adjudicating Division. When the claim is established, payment 
shall be directed to the duly appointed guardian, the Finance Di- 
vision shall call for the proper evidence of guardianship and be held 
strictly accountable for the certification for payment of the pension. 

262. In claims prosecuted by guardians where a discrepancy ap- 
pears in the name of the guardian as signed to the declaration and as 
given in the evidence of appointment, and identity is accepted, the 
name of the guardian should be given on the face brief as it appears 
in the evidence of appointment. No marginal note as to the discrep- 
ancy in name is necessary. 

263. When a pensioner is put under guardianship the action of the 
court shall be recognized by this bureau and payment of pension shall 
be made to the guardian of such pensioner upon receipt by the Finance 
Division of the proper evidence of his appointment and the sufficiency 
of his bond. 

264. Every guardian, or other person receiving pension in a fidu- 
ciary capacity, must biennially file in the bureau a certificate of the 
court to which such fiduciary is accountable, showing that he has 
accoxmted to the court, as required by law, and that the accoimt has 
been approved or that the Requirement for accounting has been waived 
by the court, if such is the fact. Blank form of certificate shall be fur- 
nished each guardian or committee and must be used by him. In 
case of failure to file such certificate, payment on the voucher with 
which it is required, and all subsequent payments, shall be withheld 
pending the receipt thereof. 

265. Where a widow's name has been stricken from the rolls or she 
has been denied pension on the groimd of open and notorious adul- 
terous cohabitation and pension has been granted to the child or 
children, the papers in the case shall accompany the certificate to the 
Finance Division. In such case the Board of Review shall by a 
proper notation attached to the face brief direct the attention of the 
Certificate Division to this requirement. If such widow files letters 
of guardianship no pajanent shall be made to her as guardian, but the 
question shall be referred to the Law Division for proper action. 



EEGULATIONS GO VEKNING PENSION BtTEEAU. 61 

CERTIFICATES. 

266. In all issues made upon the basis of naval service, the name of 
the vessel -upon which the service was rendered shall be entered, but 
not including receiving ships, 

267. All certificates issued shall be sent by the Certificate Division 
to the Finance Division. 

268. In all invahd pension certificates issued under the general law, 
the particular disabilities for which pension is granted shall be stated. 

269. Notice to claimants of the issue of certificates shall be given 
only on allowances where attorneys fees are to be deducted or 
withheld. 

270. When an original certificate issues, and the case is sent to 
the admitted files, the Certificate Division shall make a sUp in addi- 
tion to the issue shp, showing the certificate number, name, service, 
and date sent to the admitted files, which shp shall be sent to the 
proper adjudicating division to be placed in the files for future 

CORRECTION OF ERRORS IN CERTIFICATES. 

271. a. Certificates and accompanying papers requiring corrections 
shall be sent by the Chief of the Finance Division to the Chief of the 
Certificate Division, who shall cause all errors to be promptly cor- 
rected and return the papers to the Finance Division. 

h. If the errors are of such a nature that they can not be cor- 
rected in the Certificate Division, the chief of that division shall send 
the papers to the Board of Review with a blue card attached headed 
"Immediate." The Chief of the Board of Review shall have such 
cases taken up immediately after their receipt and the errors cor- 
rected, and the papers returned to the Certificate Division. If it be 
necessary to return such cases to the adjudicating divisions for the 
purpose of obtaining additional information, they shall be treated 
at all stages of their progress as "special," the intention being to 
have all errors corrected and the papers returned to the Chief of 
the Certificate Division with the least possible delay. 

c. If the papers in the case have been sent to the field for special 
examination and the error can not be corrected in their absence, 
they shall be immediately recalled so as to facilitate the correction 
of the certificate, 

272. No alteration in a immber, name, service, or other entry on 
the face of a certificate jacket shall be made except in the Certificate 
Division. If errors are found on the jacket, they should be called to 
the attention of the Chief of the Certificate Division for correction. 

REISSUES m LIEU OF LOST CERTIFICATES. 

273. When a new certificate is issued by the Certificate Division 
to replace a certificate lost or destroyed, it shall be called a " Reissue 
in lieu of lost certificate dated ," etc., instead of a 



62 REGULATIONS GOVERNING PENSION BTJEBAU. 

"Duplicate" certificate, and it shall contaia all the provisions of the 
lost pension certificate. 

274. AppUcations for reissues in lieu of lost certificates wherein the 
last issue shows a rating less than that provided for by the act of 
March 19, 1886, March 2, 1895, or April 19, 1908, shall be acted upon 
by the Certificate Division, and the new certificates when issued 
shall, after having been properly stamped to show the increased rate, 
be forwarded to the Finance Division for transmission to the pen- 
sioner. Such certificates affected by the act of M.irch 19, 1886, shall 
be stamped "Increased to $12 per month from March 19, 1886, by 
act of that date." Those affected by the act of March 2, 1895, shall be 
stamped "Increased to $6 per month from March 2, 1895, by act 
of that date"; and those affected by the act of April 19, 1908, shall be 
stamped "Increased to S12 per month from April 19, 1908, by act 
of that date." 

SPECIAL ACTS. 

275. Upon the receipt in this bureau of a certified copy of a special 
pension act, the chief clerk shall make copies, over his own certificate, 
of the several sections thereof, and immediately forward same to the 
Record Division to be given the number of the claim on file, or, if 
there be no claim on file, to jacket and number the same. The said" 
copies shall then be transmitted to the Law Division, which shall 
record them, separate them according to services, and send them to 
the proper adjudicating divisions, accompanied by a copy of the report 
upon the act. Upon the issuance of the certificate in each case, infor- 
mation shall be sent to the Law Division for entry upon its records, 
showing the date of the special act, the date of commencement of 
pension, rate allowed prior to passage of the special act, rate allowed 
by the special act, and the increase occasioned thereby. 

276. In issuing certificates for pension granted by special acts 
wherein the rate is fixed, no disability shall be named in the invalid 
special-act certificate, but the words "Under special act, dated 
-," shall be substituted therefor. 

277. A duplicate card headed in red ink "Special act" shall be 
made in the Certificate Division in all special-act cases, which shall be 
forwarded to the Record Division for the purpose of entering the cer- 
tificate number in the records of said division. 

278. The chief clerk shall forward aU certified copies of public acts 
relating to pensions and pension laws to the Law Division for filing, 
and where said acts affect the practice of the bureau the same shall be 
promulgated. 

279. If a beneficiary in a special act has no claim before this 
bureau, a declaration must be filed before final action can be taken. 



EEGTJIJi.TIONS GOVBRNIKG PENSION BUREAU. 63 

CASES RETURNED FOR ACTION BY COMMITTEES OF CONORESS. 

280. When a case is recalled or returned by a committee of Con- 
gress for action on any matter, and request is made for the return 
of papers to the committee, the Chief of the Law Division shall for- 
ward the case to the desk of the chief of the proper division, with an 
appropriate direction. The chief of the division shall see that the 
action indicated is promptly taken, and that immediately upon the 
completion thereof the papers are forwarded to the Law Division for 
return to the committee of Congress from which they were received. 

REPORT ON MERITORIOUS CLAIMS. 

281. a. The chiefs of the several divisions of this bureau shall report 
to the Law Division, which shall keep a record of all claims which, 
although meritorious, can not be allowed under the provisions of the 
pension laws, in order that a list of all claimants for pension or 
increase of pension who, in the opinion of the commissioner, ought 
to be placed upon the pension roll or otherwise provided for, and for 
doing which there is no sufficient power or authority, may be pre- 
sented to Congress, as provided by joint resolution approved May 29, 
1830. 

6. Such record shall embrace the name of the claimant, service and 

residence, number of the claim, nature of the disability, or basis of 

the claim, the grounds for the rejection, and such remarks touching 

its merit as may be necessary in the preparation of the commissioner's 

report. 

CLAIMS MADE SPECIAL. 

282. A claim may be made special only by the commissioner or 
deputy commissioner. A record of special action shall be made upon 
the books kept for that purpose, and an orange-colored slip shall be 
placed on all special cases. The use of a slip of the same size and 
color by attorneys is prohibited, because of the confusing result in the 
L ureau. 

283. The following claims shall be considered special, viz: Those 
returned by the department on appeal, when the decision is favorable 
to the claimant; also claims of helpless children; also on proof that 
the claimant is destitute and unable to earn a support; also, when 
claimant is sick without hope of recovery; the cause to be deter- 
mined by the commissioner or deputy commissioner. 

INSPECTION OF PAPERS. 

284. The examination of papers relating to claims for pension or 
boimty land, by attorneys, counsel, or agents, shall not extend to 
reports from the governmental departments and bureaus, confiden- 

76704°— 15 5 



64 EEGULATIONS GOVERNING PENSION BUREAU. 

tial communications, or reports of special examiners relating to crim- 
inal charges and investigations. 

285. a. The act of July 18, 1894, which permits the examination 
and inspection of reports of examining surgeons by the claimant or 
his attorney, under such reasonable rules and regulations as the Sec- 
retary of the Interior may provide, must be complied with in such 
manner as will afford all proper information to claimants and their 
attorneys in all pending claims, and at the same time interfere as little 
as may be with the work of the bureau. 

h. No one but the claimant in person and his recognized attorney 
in the claim, or said attorney's subagent, including the confidential 
clerk (duly accredited) of each, shall be permitted to examine the re- 
ports of examining surgeons filed in the claim, and such examination 
shall be made subject to the rules of the Pension Bureau in respect to 
the calling up and examination of cases by attorneys. 

c. Said act of Congress does not permit the copying of such reports, 
or any portion thereof. No person shall be permitted to take copies 
or make memoranda from such reports. 

286. No examination of reports of examining surgeons shall be per- 
mitted in admitted cases wherein -there is no claim pending. 

287. No examination of such reports shall be permitted in rejected 
cases, after the lapse of three months from the date of rejection, until 
the claim has been regularly reopened according to the practice of the 
bureau, or unless an appeal from the decision is pending. 

288. No one except the clerk in charge will be permitted to examine 
any certificate of disability for discharge, report of medical survey, 
or certificate of death in the Navy before the same shall have been 
applied to a pending claim, except upon the order of the commissioner, 
deputy commissioner, or chief clerk, or upon the written request of 
the Chief of the Law Division or the Chief of the Special Examination 
Division. 

COBBE SPONDBNCE. 

289. All congressional calls for status shall be promptly answered, 
and the congressional call-up slips shall be retained in the files of the 
case. 

290. Members of Congress shall be notified of the action taken only 
in claims in which they make inquiry or in which they have otherwise 
been officially interested. Attention is called to section 183 c. 

291. Every person asking information relative to the merits or 
status of any claim or matter pending before this bureau is entitled to 
a respectful and prompt reply, and aU letters of inquiry should there- 
fore be answered as early as practicable after their receipt. Official 
replies should be fully responsive to the subject matter of the request 
and written to the understanding of the correspondent. They should 



EEGXJLATIONS GOVERNING PENSION BUREAU. 65 

be as brief as is consistent with a full and frank answer, stating all 
the facts and points necessary; anything tending to mystification 
or misleading the person written to should be avoided. Informa- 
tion as to the status or merits of a claim shall be given only to claim- 
ant, his recognized attorney. Senators and Eepresentatives, and 
heads of bureaus, unless by direction of proper authority. To those 
not entitled to the information requested, a response stating fuUy 
why no information can be furnished should be made. 

292. a. Great care should be taken to avoid not only a waste of 
words in communications sent from this bureau, but equally to avoid 
lack of clearness due to attempts at brevity. To this end it will be 
well to avoid the use of words and phrases which may, perhaps, be 
called "office parlance," which, while clear enough to employees of 
the bureau, convey no particular meaning to others. 

h. The statement that a claim is rejected on the ground of "no 
title," etc., or on the ground of "no record," etc., should be avoided. 
The idea to be conveyed should be stated in direct language, such as, 
"Rejected on the ground that the soldier was not honorably dis- 
charged," etc., or, "Rejected on the ground that there is no record in 
the War Department," etc. This is specially applicable to forms of 
rejection used by the Board of Review which, while naturally and 
properly followed in writing letters of rejection, are not necessarily 
to be followed exactly in aU cases. 

293. When an attorney has been disbarred and a claim in which 
he has been recognized is called up, in giving status to the claimant, 
or any other person entitled thereto, such parties should be advised 
that the attorney has been disbarred from practice. 

294. No erasures, interlineations, or underscoring should be made 
on oflEicial communications from the bureau containing the signature 
of the commissioner. Circular letters should not be used in corre- 
spondence with the Department of the Interior or other departments 
of the Government. 

295. All communications to the bureau in relation to any claim 
filed therein, or other matter pertaining thereto, should be addressed 
to the commissioner, the deputy commissioner, or the chief clerk. 
Communications addressed to any other official or employee of the 
bureau in relation to any business of the bureau should be referred to 
one of the officers above named before any action is taken thereon. 

296. All official communications shall be made in the name of the 
Commissioner of Pensions, except that the personal official corres- 
pondence of the deputy commissioner may be made in his name, and 
correspondence between the medical referee and examining surgeons 
relating to preparation of their cettificates may be in the name of the 
medical referee, and aU correspondence relating to lost checks, indem- 



66 REGULATIONS GOVERNING PENSION BUREAU. 

nifying bonds, and post-office addresses of pensioners necessary to the 
conduct of his division, shall be conducted in the name of the disburs- 
ing clerk. 

297. To secure uniformity the address in all communications from 
this bureau should be given at the beginning. 

298. When a soldier served under an assumed name the alias shall 
not be put on the envelope when sending him an official communica- 
tion, the only name to be used being that which is his present accepted 
name. 

299. AU communications addressed to inmates of soldiers' homes 
should have their respective services noted on the envelope. 

300. All official communications from this bm-eau must be initialed 
personally by the author and be carefully reviewed to see that they 
are plainly and clearly expressed without abbreviations, interlinea- 
tions, blots, or erasures, and respectful and concise in language, and 
properly punctuated. 

301. Official communications need not, unless some special reason 
therefor appears, mention the date of receipt of the inquiry to which 
the reply is made. The date of such inquiry shall, as a rule, be suffi- 
cient, and even this may be omitted if circumstances warrant. 

302. The address of registered articles mailed imder the official 
register label of the Department of the Interior must include the 
name of the county. 

303. In all letters or documents prepared in this bureau a space of 
not less than 2 inches must be left at the top of each page and at least 
one-half inch at the bottom, and a margin of IJ inches on the left 
side and 1 inch on the right side, and the page number must be placed 
at the bottom of the page in the center. 

304. Piecemeal correspondence should be avoided. Whenever a 
call is made for any evidence all that is required to settle the case 
must be included so far as can be foreseen at the time. No second 
calls should be made for the same evidence except in cases where it 
is reasonably certain that neither the claimant nor his agent has 
received the first, and no repeated call should be made for evidence 
which claimant has shown to be unobtainable. 

306. If in response to a call of this bureau evidence has been filed 
in a claim which, in the opinion of the examiner, is not satisfactory, 
he should state fully the reasons why it is not satisfactory in calling 
for more to the same point. 

306. Communications from the executive branches of the Govern- 
ment or from Congress or the committees thereof, which are received 
in this bureau by reference of the Secretary of the Interior upon 
matters pertaining to the affairs of the bureau, shall be replied to 
through the office of the Secretary. 



BEGULATIONS GOVERNING PENSION BUREAU. 67 

307. Unfailing courtesy must be observed in all communications 
with otKer executive departments and bureaus, and no statement 
expressing censure or couched in terms of impertinent levity should 
have place in such communications. 

308. All letters for foreign countries other than orders for medical 
examination, and also letters from the Disbursing Division, should be 
sent to the desk of the Chief of the Mail and Supplies Division, who 
must see that the necessary postage stamps are affixed before mailing. 

309. Carbon copies of all typewritten correspondence must be made 
and filed with the papers in the claims to which they refer. The 
carbon copy should show the initials of the author of the communi- 
cation, the division in which it was prepared, and the name of the 
commissioner, acting commissioner, or other person by whom the 
original was signed. All carbon copies of letters in every case must 
be fastened together, that of the latest date on top. 

310. When it becomes necessary to make a call for information 
from the records of a private institution or from a pubhc official for 
use in the adjudication of a claim pending before this bureau it should 
be stated in the letter that the information asked for is desired as a 
courtesy, as there is no general fund from which a charge for the 
same may be paid. If the reply indicates that the desired certificate 
or statement can not be furnished without the pajTnent of a fee, a 
letter should be addressed to the Chief of the Special Examination 
Division stating the facts in the case and requesting that a special 
examiner be directed to obtain the information needed, and in each 
instance in which a special examiner is required to pay for the infor- 
mation thus obtained, he shall make a charge in his monthly expense 
account. 

311. In corresponding with any branch of the District of Columbia 
government where the return of the bureau communication is 
requested a duplicate copy thereof shaU be inclosed, to be retained 
in the files of the addressee. 

312. In corresponding with any United States military or naval 
home, the communication should be addressed to the official recog- 
nized as the head of the institution, and not to the individual in 
charge. This applies also to communications to all institutions of a 
similar character. 

813. Communications for consular officers of the United States in 
regard to pensioners residing in foreign countries, including orders 
for their medical examination, shall be submitted to the Department 
of State through the Secretary of the Interior. 

314. Chiefs of division who think it necessary to call for evidence 
from a foreign country which may involve expense should communi- 
cate with the Special Examination Division and have its approval 
before incurring any hability. 



68 EEGULATIONS GOVEENING PENSION BUREAU. 

316. The Chief of the Mail and Supplies Division shall return to 
the writer all stamps and stamped envelopes inclosed as prepaid 
postage, in correspondence with the bureau. 

316. a. The official maU requiring the facsimile signature of the 
commissioner shall be stamped in the division where prepared and 
forwarded direct to the MaU and Supplies Division the same day. 
This does not refer to communications prepared in response to calls 
for status by the officers of the bureau. 

6. The names of the persons having charge of the facsimile stamps 
shall be recorded in a book kept for the purpose in the chief clerk's 
room, and each individual shall be held personally responsible for the 
proper use and care of the same. The stamps must be locked up 
when not in use. 

JACKETS AND INDORSEMENTS. 

317. Mutilated claim jackets and those on which the indorsement 
spaces have been filled should be replaced by new ones and the old 
ones retained and placed within the new. There should be no 
indorsements on the inside of a jacket, as they are liable to be over- 
looked. The indorsement on a jacket should be of sufiicient clear- 
ness and fullness that anyone reading the same may know what is 
meant. Reference to forms and circulars by number and to "copy 
of letter within," or any other notation making an unintelligible 
indorsement must be avoided. The date, initials, and division of the 
person making an indorsement must always be noted. 

318. Evidence must not be placed in claims without proper con- 
sideration, and should always be attached to and made a part of the 
briefed papers. In rejected cases evidence should always be disposed 
of by appropriate face-brief action. 

RETURN OF PAPERS. 

319. Certificates of discharge, marriage certificates, family records, 
personal letters, diaries, bills and receipts, and other personal papers 
or articles which may have been filed in claims for pension, may, in 
the discretion of the commissioner, be returned through the Law 
Division upon request of the persons entitled thereto, and whenever 
papers so returned constitute part of the material and essential evi- 
dence in a claim, photostats or other copies of the same, or of so 
much thereof as may appear to possess evidential value, shall be 
placed in the case. 

NAMES AND ADDRESSES OF COMRADES. 

320. The practice with regard to furnishing names and post-office 
addresses of comrades to attorneys and claimants shall be governed 
by the following rules, viz: 



REGULATIONS GOVEKNING PENSION BUREAU. 69 

a. In invalid claims, applications for addresses of comrades must 
state name of claimant; number of claim (original or certificate); 
designation of company and regiment in v/hich service was rendered, 
or the names of the vessels to which the sailor was attached, if the 
service was in the Navy, and the names and service (company and 
regiment, or vessels) of the comrades or shipmates whose addresses 
are desired, and the points which it is proposed to determine by their 
testimony. 

h. In claims of widows and dependent relatives, the number of the 
claim, the name of the claimant, and the name and service of the 
soldier or sailor must be furnished. 

c. The names and addresses of others than those named in the re- 
quest may be furnished, if deemed advisable. 

Applications for names and addresses which conform to the above 
rules shall be sent to the chief of the proper adjudicating division, who 
shall cause an exammation to be made of the claim indicated, and, if 
it is found that further testimony of comrades is necessary to establish 
the claim, he shall call on the Chief of the Record Division for the infor- 
mation. The Chief of the Eecord Division shall promptly answer 
these calls from the chief of an adjudicating division, who shall then 
cause a proper reply to be made to the claimant or attorney from 
whom the application was received. 

TESTIMONY AND CREDIBILITY OP WITNESSES. 

321. Numerous orders were formerly issued directing the attention 
of those having- to do with the taking of testimony to particular mat- 
ters in connection therewith and methods of procuring information. 
Those orders are not repeated herein, because it should be understood 
that in every case the proper method should be adopted to ascertain 
the pertinent facts in that particular case. The best method must 
be adopted that the nature of the case and all the circumstances 
indicated therein appear to require. Do the thing that is necessary 
and proper to ascertain the facts. 

IDENTITY. 

322. In all cases in which a question of identity is involved, and in 
which a sample of the handwritmg of the person who is alleged to have 
rendered the service is at hand or can be secured, a tracing of the sig- 
nature from the original rolls of the soldier or sailor should be obtained 
from the proper auditor for the purpose of comparison to aid in 
identification, also the loan of any papers filed by the soldier or sailor 
m any claim for back pay or bounty. 



70 EEGULATIONS GOVEENING PENSION BUREAU. 

CLAIMS AND FILES. 
CAI.I. SLIPS FOR CASES. 

323. Call slips for cases drawn from the divisions or from the admit- 
ted or abandoned files should contain a statement designating the 
person in whose behalf the call is made and to whom the papers are 
to be exhibited. Such call slips shall be retained in the files. Calls 
not furnishing the information herein indicated shall not be honored 
by the divisions. 

324. In no instance shall a slip calling a case from the files be taken 
out when the case is returned to the files. The slip is a part of the 
record to remain with the papers. 

325. When evidence shall have been received in any division after 
the claim to which it is intended to apply shall have been sent to 
another division, said evidence shall be forwarded at once to be 
applied to the case. 

BEPOST AS TO CLAIUS WHEN NOT TOVSD. 

326. Whenever a call is made for a case and it shall appear that it 
is not found upon the records of this bureau, such fact must be shown 
over the signature of the Chief of the Record Division to secure more 
careful search and prevent the occmrence of erroneous reports. 

REFEKEKCE OF CERTAIIT CLAIUS TO SECORB BIVISIOIT, 

327. When in the course of the adjudication of a claim for pension 
it seems probable that it wiU be necessary to change the soldier's name 
or his service from what it appears upon the jacket, or when it is 
learned that the soldier served for a term in an organization ad- 
ditional to that which appears upon the jacket, all the papers should 
be referred by the Adjudicating Division to the Record Division for a 
proper record thereof and a search of the records according to the cor- 
rect name and service or additional service, as the case may be, and 
for a report setting forth the facts shown by such record. 

328. If, at any time during the examination or adjudication of a 
widow's claim for pension or for renewal of pension, it shall appear 
that she had another husband who served in the Army or Navy of the 
United States, all papers should be referred to the Record Division 
for a proper record and cross-reference thereof, and a search of the 
records to determine whether other claims are on file that should be 
consolidated with such widow's claim. 

329. The same course should be pursued with reference to the claim 
of a mother or nurse whose husband served in the Army or Navy of the 
United States, or of the claim of a father who had such service. ~ 

COUNT OF PENDING CLAIMS. 

330. Careful and accurate counts shall be made and maintained of 
aU claims pending in the bureau. 



KEGULATIONS GOVERNING PENSION BUREAU. 71 

331. Claims shall be regarded as pending, which require considera- 
tion by an adjudicating division and final action by the Board of 
Review or Medical Division. Instances are noted as follows: 

a. Every mvahd claim not disposed of by face-brief action. In 
original claims, count should be made of only one claim, although more 
than one declaration be on file, under the same law under which the 
claim is presented. 

h. Every widow, minor, or dependent appUcation subject to above 
limitation. 

c. Every claim under act of March 2, 1895, whether for accrued 
pension or reimbursement. 

d. Every claim for division of pension under act of March 3, 1899. 

e. Every claim in which evidence has been filed with a view to the 
reopening thereof or in which reopening has occurred by the action of 
the medical referee in ordering a test medical examination. 

/. Every duplicate declaration to which the rule laid down in the 
Sanders or Thurman decisions is applicable requiring a formal decision 
on face brief. 

g. Every claim abandoned under the practice and revived by new 
evidence, by power of attorney, or by the expressed intention of 
claimant to further prosecute said claim. 

h. Every claim in which reduction or dropping is proposed after test 
medical examination or special examination to determine pensioner's 
right to present rate of pension or title to pension. 

i. Every special-act claim. 

1c. Navy service claims under section 4756 or 4757, Revised 
Statutes. 

I. All claims for military bounty land warrants. 

332. a. A clearance service shall be maintained in the following 
divisions : Civil War Division, Army and Navy Division, Board of 
Review, Medical Division, Special Examination Division, and Law 
Division. 

6. The chiefs of the divisions named shall appoint the necessary 
number of persons to have charge of this particular service in their 
respective divisions. 

333. All claims coming into such divisions must pass through the 
desks of those assigned to the clearance service, so that all new claims 
and cases presenting a matter for consideration by an adjudicating 
division with a subsequent final face-brief action may be credited as 
gains to the pending files. AH outgoing claims shall likewise pass 
through these desks, so that there may be a proper charge of losses to 
the pending files. 

334. A daily report of the condition of the files with a duplicate 
receipt attached shall be rendered on prescribed forms, all claims being 



72 REGULATIONS GOVERNING PENSION BUREAU. 

accounted for under one of four general classes, namely, act of May 
11, 1912, act of April 19, 1908, general laws, other acts. 

335. The location in each division of the clearance desk or section 
shall be indicated by a sign, and under no circumstances shall a claim 
be taken into or out of a division except through this clearance 
service. 

336. The exchange between divisions of single claims should be 
discouraged, the better way being to assemble together claims 
intended for other divisions and transmit same securely fastened 
into a bundle and with a duplicate receipt slip attached. 

337. To enable clearance desks properly to close the daily account, 
cases sent from one division to another shall be transmitted by 1 
o'clock each afternoon. On half hohdays this exchange shall be 
made before 11 o'clock. 

338. Owing to either the absence of a file or the fact that but few 
claims are drawn by them from pending files, the Record Division, 
Certificate Division, Finance Division, Disbursing Division, chief 
clerk's branch, and rooms of the commissioner and deputy com- 
missioner are excepted from operating the clearance service. 

339. When a pending claim is sent to any of those just named, a 
duplicate charge slip shall be retained on the outgoing clearance desk 
as evidence of a loss for the time being, said slip being destroyed on 
return of the case. Slips remaining on hand at the close of each 
week shall indicate claims carried as unaccounted losses and make 
necessary an inquiry as to the whereabouts of said claims, so as to 
effect their return to the division files. 

340. To the end that this clearance service may be effective and 
result in an accurate system of accounting of pending claims from 
day to day, the chief of files and his assistants in each division are 
required to lend their active cooperation by not receiving into the 
files claims that have not passed through the clearance section, and 
by not permitting any one to take away claims without a proper 
charge. 

341. The Finance Division shall transmit direct to the proper 
adjudicating division such claims as have been drawn from the 
Admitted Files upon the receipt of information as to the death of the 
invalid pensioner, and in which a widow's or dependent's claim has 
been filed. Said division shall keep a record of such claims. 

342. Chiefs of division are enjoined to see that claims are not 
called for from other divisions as "special" unless an actual urgent 
necessity exists for such action, and when claims are so drawn from 
the files the word "immediate" shall be written on the upper left- 
hand corner of the slip, and initialed by the chief or assistant chief 
caUing for same. 



REGULATIONS GOVEENING PENSION BUREAU. 73 

343. In the transmittal of claims by a division which has no 
clearance section, the bundle of cases shall bear a white slip labeled 

in blue pencil "From Division to Division," 

and the date of sending. 

ATTOBNEYS. 

344. A person appearing of record in the Bureau of Pensions as 
having complied with the regulations prescribed by the Secretary 
of the Interior for the recognition of agents or attorneys before the 
Department of the Interior may be recognized to prosecute any 
claim for pension or bounty land in which the law does not prohibit 

- the employment of an attorney or the payment of an attorney's 
fee, on filing a power of attorney from the claimant: Provided, how- 
ever, That the Commissioner of Pensions, in his discretion, may 
recognize such person without compensation in any claim for pension 
or boimty land heretofore filed, or that may hereafter be filed, in 
which the law prohibits the payment of such fee: And provided, 
That where the power of attorney is in the name of a firm of agents 
or attorneys some duly qualified member thereof must enter an 
appearance therein on behalf of the firm. 

345. In all cases where it is found that the attorney has complied 
with the regulations adopted in pursuance of the act of Congress 
approved July 4, 1884, and is in good standing before the bureau, it 
will be so noted by proper indorsement; if the attorney has been 
suspended or disbarred that fact shall be indicated. 

346. No person can be recognized as an agent or attorney before 
this bureau until he shall have complied with the regulations adopted 
in pursuance of the act of July 4, 1884. If the attorney has not 
complied with such regulations he shall be so notified and furnished 
with the proper blanfe and a copy of such regulations and of the 
oath required. 

347. In any case in which the examiner desires to know the status 
of an attorney inquiry shall be made of the Law Division by a refer- 
ence slip stating the name of the attorney and his post office address 
and the title of the case in which this information is desired, and 
such slip will be filed in the case when returned. 

348. The relation of "principal and agent" is that which shall be 
recognized as the relation subsisting between claimants and those 
acting for them in prosecuting their claims before this bureau. 

349. Consent of the attorney of record to a revocation or a transfer 
of his power shall be required, except in such cases as are otherwise 
permitted by the commissioner. 

360. Transfers of attorneyship must be acknowledged before some 
officer authorized to administer oaths for general purposes in the 
presence of two witnesses who must sign their names to the instru- 
ment of transfer. 



74 REGULATIONS GOVERNING PENSION BUREAU. 

351. In all transfers of attomeysliip a separate slip must be filed 
for each claim transferred, showing its number, the name of the 
claimant, the name of the soldier or sailor, the service on which the 
claim is based, the name and address of the transferee, and an 
acknowledgement by the transferer of the transfer. 

352. A transfer not general in character, but of a limited number 
of claims, from one agent, attorney, or firm to another, must be 
accompanied also by a schedule, alphabetically arranged, showing 
for each claim the data required on said slips. 

353. A transfer made by the legal representative of deceased or 
incompetent agent or attorney must be accompanied by a duly 
authenticated certificate of an officer of the court having jurisdiction 
showing the authority of such representative. 

354. The written consent of the claimant is necessary to entitle 
a transferee to recognition in an incomplete claim, the transfer of 
attorneyship ia aU such cases being subject to protest. 

355. In the event of death if there be no administration, the 
transfer must be executed by the widow or heir, or heirs, and must 
include a statement as to the death of the attorney, the date thereof, 
the name of his widow, if any, or the name or names of his heir or. 
heirs, that no administration will be had, and that there is no objec- 
tion to the transfer on the part of anyone having a claim against the 
estate. This afiidavit must be corroborated by the affidavits of two 
disinterested persons having knowledge of the facts. 

356. No agent or attorney shall have power to make a valid assign- 
ment of any claim in which he has been recognized, even with the 
written consent of the claimant, unless he is at the time of such assign- 
ment and of such consent in good standing before the Bureau of 
Pensions. 

357. Only a duly executed power of attorney confers upon an 
agent or attorney the right to appear in a case or to receive any 
information therein, and examiners shall, upon the receipt of a duly 
executed power of attorney, no other attorney having prior rights, 
iaform the agent or attorney thereby empowered of the condition of 
the case and at the proper time call upon him for all the necessary 
proof. 

358. No power of attorney purporting to be executed by a claimant 
shall be recognized as good and valid unless the same be signed by 
the claimant in the presence of two witnesses, neither of whom is 
the attorney of record in the claim, and acknowledged before an 
officer duly authorized to administer oaths for general purposes; 
whose official signature is certified under seal and who is not interested 
in the prosecution of the claim to which the power of attorney may 
relate. 



REGULATIONS GOVEENING PENSION BUREAU. 75 

359. Every officer of the United States or person holding any place 
of trust or profit or dischargiag any official function under or in con- 
nection with any executive department of the Government of the 
United States, or under the Senate or House of Representatives of 
the United States, is prohibited, under a heavy penalty, from acting 
as an agent in a claim for pension or from aiding and assisting in any 
manner, otherwise than in the discharge of his proper official duties, 
in the prosecution of such claim. (Sec. 109, Crim. Code, 35 Stat. 
L., p. 1107.) 

360. Every agent, attorney, or other person who shall, directly or 
indirectly, request of any Member of either House of Congress, or of 
any United States Government official or representative (other than 
one whose duty it is under the law to supervise and administer the 
laws, rules, and regulations governing the granting of pensions and 
botmty land) aid or assistance in the prosecution of a pension or 
bounty-land claim, or who shall, directly or indirectly request or 
advise a claimant to seek such aid in the prosecution of a pension or 
bounty-land claim, shall be held to have abandoned the claim as agent 
or attorney and shall thereby forfeit his agency or attorneyship in 
such claim. 

361. Every agent, attorney, or other person recognized by the 
Department of the Interior as entitled to practice before the Bureau 
of Pensions who shall violate the provisions of the preceding section 
shall be held thereafter incompetent to prosecute claims before said 
biu-eau within the meaning of section 5 of the act of July 4, 1884, and 
shall thereby subject himself to suspension or disbarment from prac- 
tice before the Bureau of Pensions. 

362. In all claims for pension where the evidence necessary to com- 
plete them was filed by the agent or attorney prior to suspension or 
disbarment from practice, and in which the certificate does not issue 
until subsequent thereto, such agent or attorney may be recognized 
as though he had not been suspended and may be paid his fee. In 
such completed cases the attorney's name and address and the amount 
of fee should be placed on the face brief and the usual notices pre- 
pared from it, except that on the face brief, and in such notices, there 
must appear in red ink the words, "Claim completed by attorney 
before , date of disbarment (or suspension)." 

363. If an agent or attorney is disbarred pending the adjudication 
of a claim, and if, while such disbarment is in force, the claim is 
adjudicated and the certificate issued without certification of a fee 
by reason of such disbarment, and if thereafter said agent or attorney 
is restored to practice, and if claimant has not, by reason of such 
disbarment, canceled or revoked the authority theretofore existing, 
upon such restoration as aforesaid the lawful fee shall be certified and 
paid to such agent or attorney. 



76 REGULATIONS GOVERNING PENSION BUEEATJ, 

364. When a claimant during the disbarment of hia agent or 
attorney of record employs another, who prosecutes the claim to 
final adjudication, no fee shall be certified the disbarred agent or 
attorney upon his restoration to practice. 

365. No calls for evidence or notices of medical examinations or 
the like should be addressed to disqualified attorneys. 

366. In all cases where certificates issue subsequent to the resto- 
ration of the agent or attorney prosecuting the claim, it having 
been completed during his suspension without the interposition of 
another agent or attorney or revocation by claimant of his author- 
ity, said restored agent or attorney should be recognized, notwith- 
standing his power was filed prior to the date of his restoration. 

367. The rule directing payments of fees to suspended agents or 
attorneys in claims completed prior to their suspension shall not be 
construed to authorize payment of fees in cases in which action on 
such pending claims was suspended on account of any irregularity or 
informality in the papers or evidence presented by such agents or 
attorneys in the prosecution of such claims. 

368. An applicant shall be allowed during the suspension of an 
agent or attorney previously empowered to act in said applicant's 
claim to appoint another agent or attorney because of the inability 
of the former agent or attorney to act for claimant before the depart- 
ment, even though the said inability should prove to have been but 
temporary. 

369. No fee shall be allowed to a guardian who prosecutes the claim 
of his ward, or to a firm of attorneys of which the guardian is a 
member. 

370. No request of an agent or attorney for consideration of his 
title to a fee shall be entertained unless the same shall be filed in the 
Bureau of Pensions within one year from the date of issue of the certi- 
ficate upon which such fee is claimed. 

371. Agents or attorneys practicing before this bureau are required 
to state the names of all subagents or correspondents assisting them 
in the prosecution of claims for pension or bounty land, and the 
interest said subagents or correspondents have in the prosecution of 
such claims or fees therein. Any agent or attorney in good standing 
before the bureau who knowingly employs any person as a subagent 
or correspondent prohibited from practicing before the department 
shall be recommended for suspension from practice. 

372. Cases pending in this bureau shall not be taken up upon the 
verbal requests of attorneys or claim agents, nor in their behalf 
except upon a separate written inquiry in each case signed by the 
attorney or agent and in regular course of business. 

373. No claim pending in the Bureau of Pensions shall be con- 
sidered out of its regular order upon the request of an agent or 



EEGULATIONS GOVEBNING PENSION BUKEATJ. 77 

attorney, or any other person except for good cause shown and upon 
the order of the Commissioner of Pensions. 

374. A change of guardian in any case during the pendency of a 
claim for pension does not affect the right of the original attorney 
to recognition and to the fee agreed upon with the guardian who 
appointed him. 

376. The willful withholding of evidence by an agent or attorney 
for any cause shall be reported to the Secretary of the Interior for 
his action. 

376. In claims for pension and bounty land no greater fee than 
is authorized by law can be legally received by an agent or attorney 
or any other person for prosecuting such claim for pension or bounty 
land, and upon satisfactory proof that any agent or attorney has, 
subsequent to July 4, 1884, received directly or indirectly from the 
claimant any sum or sums for his services in the prosecution of the 
claim, said agent or attorney shall be reported to the Secretary of 
the Interior for disbarment. 

377. Where an agent, attorney, or other person incurs any expense 
in the prosecution of a claim before the Bureau of Pensions, he must 
file a sworn itemized account of such expense with the Commissioner 
of Pensions and secure the approval thereof before demanding or 
receiving reimbursement from the claimant or pensioner. 

378. In a claim under the act of March 2, 1895, for the accrued 
pension due in an admitted case from the date of last payment to 
pensioner's death, the agent or attorney of record is permitted, upon 
the allowance of the claim, to receive as a fee, direct from the claimant 
or beneficiary, 10 per cent of the amount of the accrued pension paid; 
but in no event shall such agent or attorney be permitted to demand, 
receive, or retain a fee in excess of 1 10 in any one claim. 

379. When an agent or attorney is called upon by the Commis- 
sioner of Pensions to furnish evidence in any claim he shall be allowed 
90 days within which to furnish same or to give reasons why he fails 
to do so. Before such agent or attorney is dropped or another 
recognized (at any time within one year) he shall be given 30 days' 
notice to show cause why he is not guilty of laches. In the event 
that such answer be not filed within 30 days from the mailing of such 
notice, or that the answer thereto be held by the Commissioner of 
Pensions to be insufiicient, claimant shall be notified of such failure 
and may file the same, either by himself or by such other attorney 
as he may elect; and upon the recognition of such other attorney 
the former agent or attorney shall be estopped from claiming any fee. 

380. An agent or attorney shall be required to exercise due dili- 
gence in all cases in which he is recognized. Neglect to prosecute a 
claim for one year shall be held, in default of cause shown, conclusive 
evidence of the abandonment of a claim by the agent or attorney, 



78 REGULATIONS GOVERNING PENSION BURBAXT. 

and claimant shall be so advised. To call up a case shall not be held 
of itself a substantial compliance with any specific requirement of 
the Commissioner of Pensions. 

381. Agents and attorneys are required to conduct their business 
with the office with decorum and courtesy. Papers in violation of 
this requirement may, by order of the commissioner, be returned. 
Flagrant violation of this rule shall be cause for disbarment. 

382. Upon the rejection of a claim for pension or bounty land the 
agent or attorney of record shall be notified of such rejection and the 
reason therefor, and shall be allowed 90 days from the date of such 
notice within which to file a motion for reconsideration, supported 
by material evidence, or within which to enter an appeal to the 
Secretary of the Interior; and, on his failure to do either he shall 
be held to have abandoned the case, and the claimant may employ 
any other duly qualified agent or attorney further to prosecute the 
claim. 

383. The claimant shall have the privilege of exercising his right 
at any stage of the claim to revoke a power of attorney and dis- 
charge his agent upon a showing of cause deemed good and sufficient 
by the commissioner. 

384. The full fee payable by the bureau shall be paid on the issu- 
ing of the first certificate, provided, of course, there is an allowance 
sufficient for that purpose. 

385. AH articles of agreement in claims for pension or bounty land 
that conform to the requirements of the law and regulations shall be 
accepted if filed prior to the date of the issue of the certificate or of the 
bounty-land warrant. 

386. No articles of agreement filed under the act of July 4, 1884, 
shall be recognized as valid, and no fee shall be paid thereimder, unless 
the claimant's signature thereto is witnessed by two attesting wit- 
nesses and acknowledged before some officer authorized to administer 
oaths for general purposes whose official signature is certified under 
seal. 

The attorney's acceptance of such agreement must also be executed 
before some officer duly authorized to administer oaths for general ' 
purposes whose official signature is certified under seal. 

387. No power of attorney or articles of agreement shall be accepted 
as valid wherein the claimant's acknowledgment is taken before an 
officer who is the agent or attorney named therein, or where the agent 
or attorney acts as one of the attesting witnesses to claimant's 
signature to such instrument. 

388. A declaration, affidavit, or any paper requiring execution or 
acknowledgment in connection with a claim for pension or bounty 
land must be executed or acknowledged before an officer duly author- 
ized to administer oaths for general piu-poses who is not interested in 



EEGULATIONS GOVBENING PENSION BUREAU. 79 

the prosecution of the claim to which said paper pertains, and the 
jurat must so show. An agent or attorney who shall file any paper 
contammg in the jurat a false statement that the officer before whom 
such paper was executed or acknowledged is not interested in the 
prosecution of the claim, or any statement equivalent thereto, when 
m truth and in fact such agent or attorney has entered into a con- 
tract, agreement, or understanding with such officer by virtue of 
which said officer is to receive compensation or a commission from 
such agent or attorney, in the event of the allowance of the claim, 
may be recommended to the Secretary of the Interior for disbarment 
from practice before the Bureau of Pensions. 

389. Articles of agreement, to be recognized as vahd by the Com- 
missioner of Pensions, must be in duphcate and in the form prescribed 
by order of July 8, 1884, and have printed upon the reverse: "Notice 
to claimant:" "This agreement is permissible under the law, but not 
compulsory," and a copy of the act of July 4, 1884. 

390. The foUowing is the form of articles of agreement prescribed 
by the Commissioner of Pensions and approved by the Secretary of 
the Interior July 8, 1884, under the provisions of the act of Congress 
approved July 4, 1884: 

(To be executed in duplicate without additional coat to claimant.) 
Articles op Agreement. 

Whereas I, , late a in company of the Regiment of 

Volunteers, war of , having made application for pension under the laws 

of the United States: 

Now this agreement witnesseth. That for and in consideration of services done and 

to be done in the premises, I hereby agree to allow my attorney, , of 

, the fee of dollars, which shall include all amounts to be paid for any 

service in furtherance of said claim; and said fee shall not be demanded by or payable 
to my said attorney, in whole or in part, except ia case of the granting of my pension 
by the Commissioner of Pensions; and then the same shall be paid to him in accord- 
ance with the provisions of sections 4768 and 4769 of the Revised Statutes United 

States. 

(Signature of claimant.) 

(Post-office address.) 

(Signature of two witnesses.) 

State op , County of , ss: 

Be it known that on this, the day of , A. D. 1. . . ., personally appeared 

the above named, who, after having had read over to , in the 

hearing and presence of the two attesting witnesses, the contents of the foregoing arti- 
cles of agreement, voluntarily signed and acknowledged the same to be free act 

and deed, 
r g ■] (Official signature.) 

And now, to wit, this .... day of A. D., 1. . . ., accept the provisions 

contained in the foregoing articles of agreement, and will, to the best of ability, 

endeavor faithfully to represent the interest of the claimant in the premises 

hereby certify that have received from the claimant above named the sum of 

76704°— 15 6 



80 REGULATIONS GOVERNING PENSION BUBEAU. 

dollars, and no more; dollars being for fee, and the sum of dollars 

being for postag:e and other expenses. And that these agreements have been executed 
in duplicate, without additional cost to the claimant, as required by law, in excess 
of the fee above named, the said attorney making no charge therefor. 

Witness hand the year and day above written. 

(Signature of attorney.) 

State op , County of , ss: 

Personally came , whom I know to be the person represents 

to be, and who having signed above acceptance of agreement, acknowledged 

the same to be free act and deed. 

(ii. s.) (Official signature.) 

Approved for dollars, and payable to , of , the recognized 

attorney. , 

Commissioner of Pensions. 

391. Where only one copy of articles of agreement is filed, attorneys 
shall be allowed to file a duplicate of the same, executed by both 
parties in interest at any time before the issuing of the certificate or 
bounty-land warrant. When a claim for bounty land has been 
allowed and the warrant issued, one approved copy of the articles of 
agreement shall be forwarded to the agent or attorney of record and 
the other preserve in the files of the claim. The bounty-land war- 
rant shall be forwarded direct to the party entitled to the possession 
thereof. 

392. Articles of agreement and powers of attorney not properly 
executed for any cause must be retained in the claim and the attorney 
advised why same can not be accepted. 

393. An agent or attorney may request and receive from a claimant 
a sum not exceeding 50 cents for postage in the prosecution of any 
one claim, original or increase, but compliance with such request of 
the agent or attorney is optional with the claimant. Agents and 
attorneys are not allowed to demand a sum for postage as a right or 
to refuse to prosecute a claim where the request for postage is not 
complied with. 

394. The Mail and Supplies Division shall transmit to the Law 
Division all slips setting forth that the cases named in the same have 
been transferred by one attorney to another. The Law Division 
shall forward these shps to the adjudicating divisions after they are 
properly stamped. 

395. Attorneys presenting questions for the consideration of the 
Law Division shall submit their points, authorities, and arguments 
in writing, and shall not be permitted to enter that division either 
to examine cases or to make oral arguments. Communications on 
such matters may be addressed to the Commissioner of Pensions 
and marked "For the Law Division," and may be transmitted by 
mail or left with t<he chief clerk. 

396. Motions to .reconsider ruhngs and decisions of the Law Divi- 
sion shall not be entertained by that division unless it plainly appears 



REGULATIONS GOVERNING PENSION BXJBEATJ. 81 

that some act of Congress, decision of the Secretary, ruling of the 
commissioner, or some controUing evidence in the case was over- 
looked. 

397. Fee agreements which are regular in every particular except 
that the blanks in the attorney's acceptance relating to advance 
payment of part of the fee and of any amount for postage have not 
been filled in by the attorneys shall not be wholly disregarded. The 
fee should be withheld in such cases and the matter referred to the 
Law Division for appropriate action. 

398. In all claims referred to the Law Division for the purpose of 
having determined the question of attorneyship, the examiner 
must arrange all evidence as though the case were intended to be 
submitted to the Board of Review, and if a prima facie case has been 
estabhshed that fact should be stated in the slip of reference. 

399. Every agent, attorney, or other person recognized by the 
Department of the Interior as entitled to practice before the Bureau 
of Pensions shall submit to the Commissioner of Pensions copies of all 
proposed advertising matter intended to soUcit business before the 
Bureau of Pensions, and if the same be not disapproved by the Com- 
missioner of Pensions and the agent or attorney so notified within 
10 days from the date of fihng the same shall be held, prima facie, 
approved. 

400. Advertising matter may contain clear, correct, and exphcit 
statements of the law, the name and address of the attorney, and the 
information that he prosecutes claims for pension and bounty land. 

401. The use by an agent or attorney of the characters "U. S.," 
or the words "United States, " as a part of his title, or of the title of 
his business, is misleading and shall not be permitted. 

402. Where, through a mistake of fact, or fraud on the part of an 
agent or attorney, a fee to which he is not entitled has been paid to 
him he shall be required to refund the same on demand by the Com- 
missioner of Pensions; and his failure or refusal to refund, after such 
demand, shall render him Hable to suspension or disbarment from 
practice before the Bureau of Pensions. 

403. A State officer, charged with the duty of looking after the 
interests of claimants for pension, may have information in con- 
nection with a claim for pension, where designated by the claimant, 
and such officer shall be advised as to calls for evidence and the final 
disposition of the claim. 

404. Section 190, Revised Statutes United States, provides 

that — 

It shall not be lawful for any person appointed after the first day of June, one 
thousand eight hundred and seventy-two, as an officer, clerk, or employee in any 
of the departments, to act as counsel, attorney, or agent for prosecuting any claim 
against the United States which was pending in either of said departments while ho 



82 EEGULATIONS GOVEENIlirG PENSION BUBEATT. 

was such officer, clerk, or employee, nor in any manner, nor by any means, to aid 
in the prosecution of any such claim within two years next after he shall have ceased 
to be such officer, clerk, or employee. 

NOTARIES AND JXTSTICES. 

405. AH certificates of the official character of an officer which show 
the term of office, whenever found, should be sent to the Law Di- 
vision. All informal, unattached certificates sent to the Law Division 
should bear the name and service of the soldier or sailor and the 
number of the claim in which found. 

406. A certificate showing the official character of an officer only 
on the date on which a paper was executed should in no case be 
detached from the paper to which it refers, as same is of use only in 
connection with that paper. 

407. a. Calls for information as to the official character of an officer 
before whom a paper has been executed shall be made on the Law 
Division. Such calls must state the name of the officer, his alleged 
official character, his territorial jurisdiction, whether he uses a seal, 
the date or dates to be covered, and give full data as to the case in 
which the certificate is required. If there is a recognized attorney, 
his name and post-office address must be given, but if there be no 
such attorney, then the full name and address of the claimant must 
be given. 

&. On receiving such a call the Law Division shall, if a certificate 
be on file covering the date or dates in question, return the call with 
an indorsement thereon showing the facts. If not on ffle, the Law 
Division shall make a request upon the attorney or claimant for a 
proper certificate, then copy the call shp and return the original with 
an indorsement thereon showing the facts, including the date of the 
call made by the Law Division. 

c. A record shall be kept of such calls, under proper dates, and on 
receipt of a certificate the inquirer shall be immediately notified by 
means of the copy of the call shp retained for that purpose. If after 
30 days from the date of the call the certificate has not been filed, 
the shp retained shall be forwarded to the inquirer, with an iadorse- 
ment thereon showing that fact and giving the date on which the 
Law Division made the call. 

408. The authority given to fourth-class postmasters and rural 
free delivery carriers to administer oaths to pensioners and their 
witnesses in the execution of their vouchers does not apply to the 
execution of any other paper. 

DOCUMENTS NOT PROPERLY AUTHENTICATED. 

409. a. If a document be sent to the bureau to prove a claim, or 
for any other purpose, and it be not authenticated by the impress of a 
seal where required, or' by execution before an officer authorized to 



REGULATIONS GOVERNING PENSION BUREAU. 83 

administer oaths, or be otherwise imperfect in some form or particular, 
and it is beUeved that such defect may be cured and the document 
rendered thereby admissible for any proper use, the same should be 
returned for correction. A memorandum of the import thereof, or a 
full copy, with a statement of the disposition of the original, should 
be retained. 

6. All such cases should be referred to the Law Division, with the 
proper notation, which division shall determine both the necessity 
and the propriety of returning the original, and how errors therein 
should be cxired, and shall conduct all correspondence relative thereto. 



TABIES OF RATES. 

410. Table I. — For simple total {a disability equivalent to the anchylosis 
of a wrist) provided hy section 4695, Revised Statutes, .United States. 

AKMY. 

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 quartermaster. 17. 00 

Second lieutenant and enrolling officer 15. 00 

All enlisted men 8.00 

NAVT AND MARINE CORPS. 

Captain, and all officers of higher rank, commander, lieutenant commanding, 
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 (now lieutenant, junior grade), professor of mathematics, assistant sur- 
geon, assistant 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, of 
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 

84 



/BEGULATIOKS GOVERNING PENSION SUREAtf. 



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86 REGULATIONS GOVERNING PENSION BUREAU.- 

412. Table til. — Bates fixed, hy the Commissioner of Pensions for 
certain disahilities not specified hy law. 

Per montb. 

Anchylosis of shoulder $12.00 

Anchylosis of elbow 10. 00 

Anchylosis of knee 10. 00 

Anchylosis of ankle 8. 00 

Anchylosis of wrist 8. 00 

Loss of sight of one eye 12. 00 

Loss of one eye 17. 00 

Nearly total deafness of one ear 6. 00 

Total deafness of one ear '. 10. 00 

Slight deafness of both ears - 6, 00 

Severe deafness of one ear and slight of the other 10. 00 

Nearly total deafness of one ear and slight of the other 15. 00 

Total deafness of one ear and slight of the other 20. 00 

Severe deafness of both ears 22. 00 

Total deafness of one ear and severe of the other 25. 00 

Deafness of both ears existing in a degree nearly total 27. 00 

Loss of palm of hand, and all the fingers, the thumb remaining 17. 00 

Loss of thumb, index, middle, and ring fingers 17. 00 

Loss of thumb, index, and middle fingers 16. 00 

Lobs of thumb and index finger 12. 00 

IjOss of thumb and little finger 10. 00 

Loss of thumb, index, and little fingers 16. 00 

Loss of thumb 8. 00 

Loss of th'Umb and metacarpal bone 12. 00 

Loss of all the fingers, thumb and palm remaining 16. 00 

Loss of index, middle, and ring fingera 16. 00 

Loss of middle, ring, and little fingers 14. 00 

Loss of index and middle fingers '. 8. 00 

Loss of little and middle fingers 8. 00 

Loss of little and ring fingers G. 00 

Loss of ring and middle fingers 6. 00 

Loss of index finger 4. 00 

Loss of any other finger without complications 2. 00 

Loss of all the toes of one foot 10. 00 

Loss of great, second, and third toes 8. 00 

Loss of great toe and metatarsal 8. 00 

Loss of great and second toes 8. 00 

Loss of great toe 6. 00 

Loss of any other toe and metatarsal 6. 00 

Ix)8s of any other toe 2. 00 

Chopart's amputation of foot, with good results 14. 00 

Pirogoft's modification of Syme's 17. 00 

Small varicocele 2. 00 

Well-marked varicocele 4. 00 

Inguinal hernia, which passes through the external ring 10. 00 

Inguinal hernia, which does not pass through the external ring 6. 00 

Double inguinal hernia, each of which passes through the external ring 14. 00 

Double inguinal hernia, one of which passes through the external ring and 

other does not 12.00 



REGULATIONS GOVEENING PENSION BUKEAU. 87 

Per month. 

Double inguinal hernia, neither of which passes through the external ring $8. 00 

Femoral hernia 10. 00 

Section 4699, Revised Statutes, provides that the rate of $18 per month may be 
proportionately divided for any degree of disability established for which section 
4695 makes no provision. 

The act of August 27, 1888, provides a $30 rate for total deafness and authorizes 
the Secretary of the Interior to grant such proportion thereof in cases of partial deaf- 
ness as he may deem equitable. Act January 15, 1903, increases rate fi;r total deafness 
to $40. Rates on partial degrees not affected. , 

The act of March 2, 1895, provides that "All pensioners now on the rolls, who are 
pensioned at less than six dollars per month, for any degree of pensionable disability, 
shall have their pensions increased to six dollars per month; and that, hereafter, 
whenever any applicant for pension would, under existing rates, be entitled to less 
than six dollars for any single disability or several combined disabilities, such pen- 
sioner shall be rated at not less than six dollars per month: Provided also, That the 
provisions hereof shall not be held to cover any pensionable period prior to the passage 
of this act, nor authorize aj-erating of any claim for any part of such period, nor pre- 
vent the allowance of lower rates than six dollars per month, according to the existing 
practice in the Pension Office in pending cases covering any pensionable period 
prior to the passage of this act." 

413. Table IV. — Miscellaneous rates. 

INVALID. 

Indian wars: Per month. 

Acts July 27, 1892, June 27, 1902, and May 30, 1908 $8. 00 

Act of February 19, 1913 20. 00 

Mexican War: 

Act Jan. 29, 1887 8. 00 

Acts Jan. 5, 1893, and Apr. 23, 1900, certain survivora 12. 00 

ActMar. 3, 1903, all survivors 12.00 

Act Feb. 6, 1907— 

At 62 years 12.00 

At 70 years 15.00 

At 75 years or over 20. 00 

Act of May 11, 1912 30.00 

Civil War: 

Act June 27, 1890, in its original lorm, and also as amended by the 

act of May 9, 1900 6.00-12.00 

Act Feb. 6, 1907— 

At 62 years 12.00 

At 70 years 15.00 

At 75 years or over 20. 00 

Act of May 11, 1912— see sec. 445. 
Army nurses: 

Act Aug. 5, 1892 12.00 

Navy service pensions: 

Sec. 4756, R. S., for 20 years' service, one-half the pay of rating at 

discharge. 
Sec. 4757, B. S., for 10 years' service, not to exceed the rate for total 

disability. 
(See section 451 this book.) 



88 BEGULATIONS GOVERNING PENSION BUREAU. 

WIDOWS AND MINORS. 

Revolutionary War: Per month. 

ActMar. 9, 1878, widows only $8.00 

ActMai. 19, 1886, widows only 12.00 

War of 1812: 

ActMar. 9, 1878, widows only 8.00 

ActMar. 19, 1886, widows only 12.00 

•Indian wars: 

Acts July 27, 1892, June 27, 1902, and May 30, 1908, widows only. . . 8. 00 

Act Apr. 19, 1908, Sec. 1, widows only 12.00 

Mexican War: 

Act Jan. 29, 1887, widows only 8.00 

Act Apr. 19, 1908, sec. 1, widows only 12.00 

Civil War: 

Sec. 4702, R. S., widows and minors, same rates as in Table 1. 

Act Mar. 19, 1886, widows and minora 12. 00 

Act June 27, 1890, in its original form, and as amended by the act of 

May 9, 1900 8.00 

Act Apr. 19, 1908 12.00 

From and after July 25, 1866, a widow is entitled, under tbe provisions of section 
4703, Revised Statutes, to the sum of $2 per month additional on account of each 
legitimate minor child of the deceased soldier or sailor (in her care and custody, if by 
his former marriage) until such child reaches the age of 16 years. Where the widow 
has died, remarried, or has no title, the minor children under 16 years of age succeed 
to the widow's rights. 

In claims under the act of June 27, 1890, both in its original and amended forms, 
the additional pension of $2 per month is granted. In addition provision is made in 
said act for the continuance of pension granted to an insane idotic, or otherwise 
physically or mentally helpless minor child, during its life or during the period of 
disability. This proviso is applicable to minors' claims under any statute. 

DEPENDENT KELATTVES. 

Sec. 4707, R. S., in its original form, and as amended by section 1, Act June 27, 

1890, same rates as in Table 1. 
ActMar. 19, 1886 $12.00 

414. RATES FOR OFFICERS, SECTIONS 4692 AND 4693, REVISED 

STATUTES. 

Rates for officers in claims under sections 4692 and 4693, Revised Statutes, shall be 
one-quarter, one-half, three-quarters, and total. Officers below the rank of first 
lieutenant may receive rates in fractions of eighteen in excess of their total. 

LEAVES OF ABSENCE. 
(Regulations published by the Secretary of the Interior.) 

415. The following regulations, consistent with the laws printed 
herein, providing for the hours of labor and leaves of absence of 
employees in the executive departments, are hereby pubhshed for the 
information of aU concerned, to be effective February 1, 1910. 

They shall apply as well to chiefs of divisions and assistant chiefs 
and other supervising officials as to the clerical force and other 
employees. 



REGULATIONS GOVERNING PENSION BUREAU. 89 

Officials will be held strictly accountable for their enforcement, and 
are hereby directed to require all timekeepers and clerks in charge of 
leaves of absence to familiarize themselves with these regulations. 

Any regulations of this department heretofore issued inconsistent 
with these are hereby revoked. 

These regulations shall be applied as far as practicable to the field 
service connected with this department outside of Washington, D. C. 

OFFICE HOURS. 

1. Office and lunch hours. — The hours of labor, unless otherwise 
especially ordered, Jjegin at 9 o'clock a. m. and close at 4.30 o'clock 
p. m., with one-half hour between 12 m. and 1 p. m. for luncheon, 
the particular half hour within that period in the different bureaus 
to be designated by the chief clerk of the department. 

2. Lunch hours varied. — In the interest of the service, so that all the 
clerks in important rooms shall not be absent at the same time, chief 
clerks may vary the time for luncheon of certain employees. 

3. Tardiness to ie reported. — Tardy arrival for duty and premature 
cessation of work shall be charged as annual leave, at the rate of 
one-half hour for each absence of a half hour or fraction thereof, 
unless this leave is exhausted; then as leave without pay. Reduction 
in grade and pay will follow habitual absence from duty due to the 
causes herein mentioned. Employees arriving late shall sign a tardy 
slip (l-034a), which shall at once be forwarded to the chief clerk of 
the bureau. 

4. Tardiness defined. — ^Tardy means failure of the employee to be at 
post of duty at hour for beginning official business or at hour for 
resuming wOrk after luncheon. 

5. Continuous duty required. — Officials and employees must bear in 
mind that mere physical presence during office hours is not sufficient, 
but that continuous duty is also required. Exemplary conduct is 
enjoined on chiefs of divisions, who must also require those under 
their supervision to devote their time during office hours exclusively 
to official duties. 

6. Penalties for evasion. — Evasion of the laws or taking undue ad- 
vantage of the regulations covering leave of absence, or attempts to 
avoid being charged with absences during office hours, will be severely 
dealt with and may result in reduction of salary or dismissal. 

TIME REFOKTS. 

7. Time reports to he Tcept and verified. — Weekly time reports (1-047) 
shall be kept in all divisions, sections, etc., on which shall appear 
the names of all employees connected therewith. Arrivals, depar- 
tures, and absences shall be accurately recorded thereon. At the 
beginning of the week the reports for the preceding week shall be 



90 REGULATIONS GOVEBNING PENSION BUEEAU. 

sent to the chief clerk of the bureau for verification by grants of 
leaves and for posting the absences on consolidated records. 

8. Accuracy. — ^Accuracy should be observed in noting arrivals and 
departures and aU absences during the day, instead of a perfunctory 
use of the hours of 9, 4.30, etc. 

NSW, TEUFORABY, AITD FEB DIEH EHFLOTXES. 

9. New employees. — Regular employees who have been in the 
department less than a year, including those reinstated, except those 
appointed by transfer from other departments, will be entitled to 
annual and sick leave of absence at the rate of two and one-half days 
for each month of service. 

10. Transferred employees. — Persons transferred from another 
department, or from one bureau or office to another within this depart- 
ment, will be charged with the leave taken in current year prior to 
such transfer. Certificates from their former departments will be 
required. 

11. Absence certificates on transfer. — Employees transferred from 
this department to another will be given certificates showing their 
absence in the current year to date of transfer. ' 

12. Per diem employees.— Per diem employees shall not be granted 
leave with pay if their appointments state salaryv^"when actually 
employed." If per diem rate is simply a measure of salary and they 
are regularly and continuously employed without limitation, they 
are entitled to leave the same as those with annual or monthly rates 
of salary. 

13. Temporary employees. — Temporary employees will not be 
allowed leave with pay for the first two months of service. 

APPLICATIOirS. 

14. Application form. — ^Apphcations for leave of absence shall be 
made upon a printed form (1-034) which shall contain in writing 
the name, position, and salary of the applicant, the specific period 
for which leave is desired, the kind of leave desired, the initials or 
signature of official recommending the leave, the date of return to 
duty, with name or initials of official verifying the return, and a 
space for the signatm-e of the chief clerk approving same. For the 
information of the chief clerk the clerk in charge of leaves shall note 
within the space provided upon said form the amount of leave pre- 
viously granted in same year. Upon the reverse of this printed 
form affidavit of apphcant as to sickness and certificate of attending 
physician shall appear. 

15. Written {not stamped) signatures. — ^Apphcations for leave of 
absence should have the written approval (not stamped) of the approv- 
ing bureau officer, as evidence that he has made a careful investi- 
gation of the leave in question and finds it satisfactory. 



EEGULATIONS GOVERNING PENSION BUREAU. 91 



OEITEKAL. 



16.. Auihority to grant leaves. — ^The head of each bureau or office of 
this department, through the chief clerk of the bureau, is hereby 
authorized to grant to the clerks and other employees thereof the 
annual, sick, and military leave with pay permitted by law; but 
apphcations for leave without pay shall be forwarded to the Secre- 
tary, in accordance with paragraph 50. 

17. Leave revocable. — Leave of absence may be revoked at any time 
and the employee ordered to return to duty before its expiration, 
should the exigencies of the service require it. 

18. Extension. — ^Applications for continuous extension of leave 
should be marked Extension. 

19. Only accrued leave allowed on resignation, etc.; exceptions. — On 
separation from the department by resignation, dismissal, or transfer, 
employees will be allowed only accured leave at the rate of two and 
one-half days for each month of service since the first of the calendar 
year; but heads of bureaus may grant more than this (within the 
legal Umit) when separation occurs after the middle of the year and 
the employee has served five or more years and there are other meri- 
torious reasons for exception to the rule, in the latter case in writing. 

20. Allowance of leave confined to current year. — Leave is not cumula- 
tive. Employees who are prevented by the requirements of the serv- 
ice, or otherwise, from availing themselves of the regular annual 
leave will not be entitled to it, or any portion thereof, in a subsequent 
year; nor will leave to be used in one year and charged to a subse- 
quent year be granted. 

21. "Granted" includes all absences. — ^The word "granted" is con- 
strued to include not only leave formally and specifically granted, but 
all other absence as recorded on time reports. 

22. Sundays, Jiolidays, half holidays ; when counted, when not. — Sun- 
days and legal hohdays and holidays by Executive order, whether 
for the whole or part of a day, at the beginning or end of any kind 
of leave, or within a period of annual leave, including the half holi- 
days before Christmas and New Year, will not be counted; but those 
which occur within a period of sick leave or leave without pay will 
be counted. (See paragraph 60.) 

23. Saturday afternx>ons in summer. — Saturdays in July, August, and 
September will be charged as four hours in annual leave, and as a 
whole day in sick and without pay leave. 

24. Absen^ie for promotion examinations. — ^Absence of employees 
while actually engaged in taking promotion examinations, held by the 
Civil Service Commission, will not be charged. 

25. Presidential appointees. — While presidential appointees are not 
held to be subject to the law limiting the leave of absence of Govern- 
ment employees to 30 days each year, yet it is desired that the 



92 REGULATIONS GOVERNING PENSION BUREATT. 

measure be not greatly exceeded without good reason. For future 
reference such officers' absence must be definitely recorded in their 
bureaus. 

AJHHUAI. LEATZ. 

To new and reinstated employees. {See paragraph 9.) 
To per diem employees. {See parapraph 12.) 
To temporary employees. {See paragraph 13.) 

26. Application in advance. — ^Application must be made in advance 
of the date of the beguming of the leave on the blank (1-034) provided 
therefor by the department. 

27. Consecutive days only. — ^AppUcation should be made for only 
the number of consecutive days desired. 

28. Saturdays in summer. — Satiu-days in July, August, and Septem- 
ber will be charged as fom- hoiu^, 9 a. m. to 1 p. m. 

29. lAincheon JvalfJiour deducted in fractional absence. — ^The luncheon 
half hour is deducted from annual leave for part of a day when it 
occurs dining the absence, as from 11 a. m. to 3 p. m., which should 
be charged as three and a half hours (seven-fourteenths) and not as 
four hours. If employee was present the other three and a half homs 
of that day, absence can not exceed the remainder of the seven hours 
of which a full day consists. 

30. Deduction from annual leave for absence without pay. — ^Propor- 
tionate deduction from annual leave shaU be made at the rate of 1 
day for each 12 days of furlough or leave without pay. {See also 
paragraphs 40 and 58.) 

31. Reserve few days for emergencies. — ^Employees are advised to 
reserve a margin of their annual leave to avoid leave without pay 
to meet unforeseen demands. 

SICE LEAVE. 

To new and reinstated employees. {See paragraph 9.) 

To per diem employees. {See paragraph 12.) 

To temporary employees. {See paragraph 13.) 

32., Physician's certificate. — A physician's certificate will not be 
deemed satisfactory imless it shows the name of the employee, that 
he personally attended him, the date or dates of attendance, the 
place of attendance (residence — street and number — or office), the 
duration of the iUness, and that the employee was actually physically 
disabled for the performance of official duties. 

33. Only regularly practicing licensed physicians. — Certificates of 
sickness will be accepted from none but regularly practicing physi- 
cians, hcensed according to law. 

34. Without physician's certificate; limits. — Sick leave will not be 
allowed without a physician's certificate, imless appHcation is accom- 
panied by a sworn statement that the absence was due entirely to 



REGULATIONS GOVERNING PENSION BtTEEATT. 93 

personal illness, that no physician was employed, that the employee 
was wholly unable to perform official work or to be present at his 
post of duty, and that he was confined to his residence (giving 
residence) during said period. Periods not exceeding 3 days may 
be granted on affidavit, and the aggregate of affidavit sick leave 
shall not exceed 12 days in one year. 

35. Slight ailments. — Slight ailments or indisposition will not be 
accepted as sufficient cause for allowing sick leave; such absences 
should be charged to annual leave. 

36. Investigation. — When deemed advisable, an officer of the de- 
partment will be directed to investigate and report the facts in any 
case of sickness or absence. 

37. Absentees must report fact within 21^ hours. — ^An employee absent 
on account of personal illness must report the fact to the chief clerk 
of the bureau in which employed within 24 hours, otherwise the time 
lost may be charged to annual leave or leave without pay. 

38. Application must he made within 3 days. — Apphcation for sick 
leave must be made within 3 days after the return of the employee 
to duty. 

39. Reports in protracted illness. — When absence by illness is pro- 
tracted, report should be sent to the chief clerk of the bureau at 
intervals of 10 days, if possible, as to employee's condition and 
probable return to duty. 

40. Deduction from allowance iecause of leave without pay. — Propor- 
tionate deduction from sick leave shall be made at the rate of 1 day 
for each 12 days of furlough or leave without pay. (See para- 
graphs 30 and 58.) This appUes also to reinstated employees in 
regard to the period of their separation from the department in the 
current year. 

41. Quarantine. — When pn employee has been exposed to a conta- 
gious disease against which the medical authorities quarantine the 
patient, he should inunediately file with the chief clerk of the bureau 
in which employed a certificate from the attending physician, where 
such be the case, stating that in his judgment the presence of the em- 
ployee in the office would jeopardize the health of feUow-clerks. 
Apphcation for leave Avith pay for the time lost must be accom- 
panied by a certificate from the health office showing that a case of 
contagion existed on the premises during the time covered by the 
application, and the attending physician must certify that aU danger 
from contagion has passed. 

42. Not less than half day granted. — Sick leave wiU not be granted 
or charged on time report for less than haK a day for each absence 
of a half day or fraction thereof; but absence in excess of half a day 
wiU be charged actual time. 

43. Not granted in advance. — Sick leave will not be granted in 
advance. 



94 REGULATIONS GOVERNING PENSION BUEBAT7. 

44. Dentistry. — ^Absence for the purpose of being treated profes- 
sionally by a dentist at his office is not allowable as sick leave. This 
is not intended to disallow sick leave for detention at home by illaess 
or disability due to causes as to which a dentist is qualified to certify. 

45. Sundays and Jiolidays. — Sundays, hohdays, and half holidays 
occurring within a period of absence on account of sickness or quar- 
antine will be charged, but when occurring at the beginning or end 
of such leave will not be charged. 

46. Intervening Sunday. — When an employee is on sick leave which 
expires .on (including) Saturday, and continues absent beginning 
Monday following on annual leave, the intervening Sunday is not 
charged. 

47. Inspection of records foriidden. — Records of sick leaves are not 
open to inspection by employees. 

48. Penalties for deception. — ^All employees wiU be held to a strict 
accountability for statements made by them of inability to perform 
duty. When sick leave has been granted and subsequent develop- 
ments prove that it was obtained by misrepresentation, it will be 
charged to leave without pay even if the offender has annual leave 
still due. A second attempt to mislead or deceive official superiors, 
directly or indirectly, in regard to absence on account of alleged 
sickness, will be deemed sufficient cause for dismissal. 

49. Modifying annual leave to siclc leave. — No modification of annual 
to sick leave will be made miless sickness begins on or before the 
first day of the period granted as annual leave, whea the latter may 
be surrendered and sick leave granted instead under the usual limita- 
tions. The circumstances and surroundings of an employee on vaca- 
tion are usually so different from when on official duty that it seems 
beyond the intent of the law and regulations to grant sick leave 
during a period of annual leave. 

Such limitation of sick leave as -may he fixed wiU he under the "dis- 
cretion of the head of the department," as provided in the act of March 15, 
1898 {SO Stats., 316), as amended ly the act of July 7, 1898 {SO Stats., 
853). 

LEAVE WITHOUT PAY. 

50. Applications. — ^Applications for leave without pay shall be for- 
warded to the Secretary, with recommendation of the head of the 
bureau, excepting those enumerated in the following paragraph: 

51. Employees not paid through department's disbursing office. — 
Heads of bureaus are authorized to grant leave without pay to 
employees who are not paid through the department's disbursing 
office, such as the pension agencies, the Indian and land field services 
(outside of Washington),, and the Geological Survey and Reclamation 
Service, both of the latter having their own disbursing officers. The 
foregoing need not be reported to the Secretary. 



REGULATIONS GOVERNING PENSION BUREAU. 95 

52. Not a right, hit a favor. — Leave without pay is not to be con- 
sidered as a right, but may be granted as a favor only when, in the 
opinion of the head of the bureau, the pubhc business will not suffer 
by the absence and when reasonable cause is shown. 

53. Not to he granted, for extended period; resignation instead. — Pub- 
lic service will not pernait of an indefinite and indiscriminate exten- 
sion of this privilege. Leave without pay for an extended period 
will not be granted, but^ the employee desiring such leave will be 
required to resign, subject to reinstatement, if in good standing. 

54. Ahsence mthout pay at beginning of year. — An employee who is 
absent at the end of the year without pay, and continues absent at the 
beginning of the next year, is not entitled to annual or sick leave on 
the new year's allowance until return to duty for an aggregate of 
30 days; thereafter leave of absence with pay from January 1 is per- 
missible. 

55. Deduction of pay for absence in excess of legal limit. — Absence of 
employees in excess of the legal allowance with pay must be covered 
by an application for leave of absence without pay for one day or 
more, as no excess can be permitted without a deduction therefor. In 
the case of a deduction of a day's pay where the employee has not 
been absent an entire day he may take the balance of the day's time 
without further deduction, subject to approval by the chief clerk, 
provided the time is taken in the same year. 

56. Stop pay; immediate reports. — The payment of more money 
than an employee is entitled to under the laws and rules must be 
guarded against. Absences in excess of the lawful allowance must 
be reported by the bureau to the Secretary immediately, excepting 
employees covered by paragraph 51, and the disbursing clerk must 
be promptly notified. 

57. Basis for deduction from annual and sick aUowanxe, — ^A pro- 
portionate deduction from allowance of both annual and sick leave 
shall be made at the rate of 1 day for each 12 days (2 J per month) 
of fiu-lough or leave without pay in the ciurent year. (See also 
paragraphs 30 and 40.) 

58. Retroactive deduction from annual leave. — If absence without 
pay for 12 or more days should occur after annual leave is exhausted, 
application for leave without pay to modify the excess of annual 
leave already taken will be required. (See also paragraphs 30 
and 40.) 

59. Sundays and holidays included. — Sundays and hohdays and half 
holidays occurring within a period of leave without pay will be 
charged as whole days. Saturday in the summer months will be 
charged as whole day. 

60. Half holiday ending leave counted as whole day. — Where the 
last day of a period of leave without pay is a Saturday (or other day) 

76704°— 15 7 



96 BEGULATIONS GOVERNING PENSION BUREAU. 

of which the afternoon is a holiday, and the person returns to duty 
the following Monday morning, it is necessary to charge the whole 
day to conform with the Treasury regulation, which forbids the 
division of a day's salary; and the balance of the overcharged day 
may not be taken at some other time without further charge. 

61. SuTiday between sick leave and leave without pay counted. — When 
sick leave expires on (including) Saturday and the employee con- 
tinues absent, beginning Monday following on leave without pay, 
the intervening Sunday is charged without pay. 

COUBT LEAVE. 

62. Subpcenaed employees; special leave; Government witnesses. — 
Employees who have been subpcenaed to attend court will be allowed 
special leave of absence with pay when serving as witnesses for the 
Government; otherwise such absence wiU be charged to annual leave 
or leave without pay. {See sec. 850 Revised Statutes.) 

63. Official business at court. — Attendance at court for official busi- 
ness connected with the employee's usual departmental duties, and 
time required in going and returning, is not considered absence from 
duty. This applies to special agents, inspectors, and detailed clerks, 
and similar employees whose cases take them into court to attend 
trials. 

ABSEHCE WITHOUT LEAVE. 

64. Penalty. — Employees absent without first obtaining leave, and 
not sick or quarantined, may be subject to the enforcement of leave 
without pay, and repetitions of the offense may be deemed good 
ground for dismissal. 

UILITAKT. 

65. Application for military leave must be supported by the certifi- 
cate of a competent officer of the District National Guard. 

WATCHMEN'S LEAVES. 

66. Simdays and hofidays within periods of any kind of leave 
granted watchmen will be counted, inasmuch as the requirements of 
their service necessitates duty every day; but to offset, at least to 
some extent, the captain of the watch may excuse them from duty 
on occasional other days. 

LAWS AUTHORIZING LEAVES OF ABSENCE. 

Act of March 15, 1898 (30 Stats., 316), authorizing 30 days' 
annual and 30 days' sick leave in fieu of the act of March 3, 1893 
(27 Stats., 715), which authorized also 30 days' excess sick leave: 

* * * Hereafter it shall be the duty of the heads of the several executive 
departments, in the interest of the public service, to require of all clerks and other 
employees of whatever grade or class, in their respective departments, not less than 



REGULATIONS GOVEBNING PENSION BUREAU. 97 

seven hours of labor each day, except Sundays and days declared public holidays 
by law or executive order: Provided, That the heads of the departments may, by 
special order, stating the reason, further extend the hours of any clerk or employee 
in their departments, respectively; but in case of an extension it shall be without 
additional compensation: Provided further, That the head of any department may 
grant thirty days' annual leave with pay in any one year to each clerk or employee: 
And provided further, That where some member of the immediate family of a clerk 
or employee is afflicted with a contagious disease and requires the care and attend- 
ance of such employee, or where his or her presence in the department would jeopardize 
the health of fellow-clerks, and in exceptional and meritorious cases, where a clerk 
or employee is personally ill, and where to limit the annual leave to thirty days in 
any one calendar year would work peculiar hardship, it may be extended, in the 
discretion of the head of the department, with pay, not exceeding thirty days in 
any one case or in any one calendar year. 

This section shall not be construed to mean that so long as a clerk or employee 
is borne upon the rolls of the department in excess of the time herein provided tor 
or granted that he or she shall be entitled to pay during the period of such excessive 
absence, but that the pay shall be stopped upon the expiration of the granted leave. 

Act of July 7, 1898 (30 Stats., 853), authorizing 30 days' annual 
leave "notwithstanding such clerk or employee may have had 
during such year not exceeding 30 days' leave with pay on account 
of sickness. " 

* * * Nothing contained in section seven of the act making appropriations 
for the legislative, executive, and judicial expenses of the Government for the fiscal 
year eighteen hundred and ninety-nine, approved March fifteenth, eighteen hundred 
and ninety-eight, shall be construed to prevent the head of any executive department 
from granting thirty days' annual leave with pay in any one year to a clerk or 
employee, notwithstanding such clerk or employee may have had during such year 
not exceeding thirty days' leave with pay on account of sickness as provided in said 
section seven. 

Act of February 24, 1899 (30 Stats., 890), providing that 30 
days' annual leave " shall be exclusive of Sundays and legal holidays. " 

* * * That the thirty days' annual leave of absence with pay in any one year 
to clerks and employees in the several executive departments authorized by existing 
law shall be exclusive of Sundays and legal holidays. 

Act of March 1, 1889 (25 Stats., 779), providing for the organiza- 
tion of the Militia of the District of Columbia. 

Sec. 49. That all oflB.cers and employees of the United States and of the District 
of Columbia who are members of the National Guard shall be entitled to leave of 
absence from their respective duties, without loss of pay or time, on all days of any 
parade or encampment ordered or authorized under the provisions of this act. 

By the act of July 1, 1902 (32 Stats., 615), the foregoing section 
is construed to cover all days of service which the National Guard, or 
any portion thereof, may be ordered to perform by the commanding 
general. 



98 REGULATIONS GOVERNING PENSION BUREAU. 

GENEBAL FBACTICE. 

REGULATIONS AND INSTBUCTIONS BELATING TO PENSION 

CLAIBIS. 

SECLARATIOirS AITD EVIDENCE. 

416. All declarations and affidavits must be executed before some 
officer duly authorized to administer oaths for general purposes, in 
accordance with the provisions of the act of Congress approved 
July 26, 1892. 

417. Blank forms of declarations shall be furnished to claimants 
upon application therefor. They shall not be furnished to agents or 
attorneys, but sample forms shall be sent on request. 

418. A claimant imder any law may prosecute his claim in person, 
or by attorney under certain laws, and his claim shall receive the same 
consideration by the Bureau of Pensions if prosecuted in person as 
if by attorney. 

PENSIONS TO SITRVIVOSS OF WAKS FKIOB TO 1811, AND TO THEIR WIDOWS. 

419. War of the Revolution, service perisions. — (a) Widows of soldiers 
who served for 14 days or more, or were in battle during the war, 
were entitled, provided they had not remarried, to $8 per month from 
March 9, 1878, and $12 per month from March 19, 1886. (&) The 
widow of a Revolutionary soldier who, in his Ufetime, was granted a 
pension, was entitled, under section 4743, Revised Statutes, to pension 
at the same rate as was paid the husband, notwithstanding remarriage, 
upon proof of widowhood, (c) There is no law granting pension to 
the daughters or other descendants of soldiers of the Revolution. 
Any daughters of Revolutionary soldiers who received pensions were 
placed on the pension roU by special acts of Congress. 

420. War of 1812, service 'pensions. — (a) Under the act of March 9, 
1878, soldiers and sailors who served 14 days or more, or were in 
any engagement, during this war, and were honorably discharged, 
and the widows of such soldiers and sailors, irrespective of the date 
of marriage, are entitled to $8 per month from March 9, 1878. Under 
the act of March 19, 1886, widow pensioners mentioned in this para- 
graph are entitled to $12 per month from that date. (&) There is 
no law granting service pensions to the descendants of soldiers or 
sailors of the War of 1812. 

421. Indian wars from 1832 to 1842, service pensions. — (a) The act 
of July 27, 1892, provides pensions for the surviving officers and en- 
listed men, including marines, militia, and volunteers, who were in 
the military or naval service of the United States for 30 days in the 
Black Hawk War, the Creek War, the Cherokee disturbances, or the 
Florida War with the Seminole Indians, and were honorably dis- 
charged; or who were personally named in any resolution of Congress 



EEGULATIONS GOVEHNING PENSION BtTKBAU. 99 

for specific services therein; and for their widows, provided they have 
not remarried. Claimants under this actmust be actual and bona fide 
residents of the United States at the date of making application. All 
pensions tmder this act are fixed at $8 per month, irrespective of rank, 
and are payable from July 27, 1892, or, in widows' cases, where the 
soldier died subsequent to July 27, 1892, from the date of his death. 
The rate for widows is increased to $12 by the act of April 19, 1908, 
and the rate for survivors to $20 by the act of February 19, 1913. 

422. Indian wars from 1817 to 1858. — The provisions of the fore- 
going act of July 27, 1892, were extended by the act of June 27, 1902, 
from the date of its passage, to the surviving ofiicers and enlisted 
men, including marines, militia, and volunteers of the military and 
naval service of the United States who served for 30 days or more 
and were honorably discharged under the United States military, 
State, Territorial, or provisional authorities in certain specified Indian 
wars occxu-ring from 1817 to 1858. This act also made provision for 
the surviving widows of such ofiicers and men who have not remar- 
ried. In establishing these claims a record of pay by the United 
States is accepted to prove record of enlistment and service. 

423. Indian wars, etc., from 1856 to 1860. — The provisions of the 
foregoing act of July 27, 1892, were extended by the act of May 30, 
1908, to the surviving officers and enlisted men of the Texas volun- 
teers who served in the defense of the frontier of that State against 
Mexican marauders and Indian depredations from the year 1855 to 
the year 1860, inclusive, and to the surviving widows of such officers 
and men who have not remarried. In establishing these claims, 
where there is no record of enlistment or muster into the service of 
the United States, the fact of reimbursement to the State of Texas 
by the United States, as evidenced by the muster rolls and vouchers 
on file in the bureau, shall be accepted as full and satisfactory proof 
of such enlistment and service. 

424. Mexican War, service pensions. — (a) Under the act of January 
29, 1887, officers and enlisted men who were in the military or naval 
service of the United States for 60 days in the Mexican War, or on 
the coasts or frontier thereof, or en route thereto, or who were in a 
battle and were honorably discharged, or who were personally named 
in any resolution of Congress for specific services therein, are entitled 
to pension if 62 years of age; or, if not, upon proof of pensionable 
disability or dependence, but disability incurred while voluntarily 
aiding or abetting the late rebellion does not give title to pension. 
(6) Widows of officers and enlisted men who served as above are en- 
titled to pension upon the same conditions as to age or dependence as 
apply to officers and enlisted men. (c) Pensions under this act com- 
mence on January 29, 1887, if a pensionable condition existed at that 
date, in survivors' claims, by reason of age, dependence, or disabifity. 



100 REGULATIONS GOVEENING PENSION BUREAU. 

and in widows' claims, by reason of age or dependence; if not, then on 
the date the applicant becomes 62 years of age, or dependent, or dis- 
abled within the meaning of the law. (d) The rate of pension to 
survivors is $8 per month, irrespective of rank. This rate for sur- 
vivors was increased by the act of January 5, 1893, to $12 per month, 
but its benefits were limited to those who were pensioners on January 
5, 1893. To secure this increase the act requires that a pensioner 
must show that he is whoUy disabled for manual labor and in such 
destitute circumstances that S8 per month is a sum insufficient to pro- 
vide him with the necessaries of life. The act of April 23, 1900, 
removed the limitation imposed in the act of January 5, 1893. The. 
act of March 3, 1903, pensions all survivors of the Mexican War at $12 
per month, irrespective of the conditions named in the act of January 
5, 1893, and the act of April 23, 1900. (e) The pension to a widow 
under this act is $8 per month, but the act of April 19, 1908, estab- 
lishes a minimum rate of $12 per month for all pensions granted to 
widows. (/) Descendants of deceased Mexican War soldiers are not 
entitled to service pension. 

425. Act of February 6, 1907. — Under this act any person who 
served. 60 days in the War with Mexico in the military or naval 
service of the United States and has been honorably discharged 
therefrom, and who has reached the age of 62 years or over, is entitled 
to a pension at the following rates, irrespective of rank: At 62 years, 
$12 per month; at 70 years, $15 per month; and at 75 years or over, 
$20 per month. Pension commences from the date of filing claim in 
the Bureau of Pensions subsequent to February 6, 1907, after attain- 
ing the specified age. 

426. Act of May 11, 1912. — This act provides that any person 
who served 60 days or more in the War with Mexico and has been 
honorably discharged therefrom shall receive a pension of $30 per 
month. 

427. Pensions for disability or death due to service prior to March ^, 
1861. — (a) Soldiers who were wounded or injured, or who contracted 
disease in the fine of duty, are entitled to pension corresponding in 
rate to the degree of the disabiUty incurred in the service. Persons 
who rendered naval service are entitled to a Uke pension, under the 
same conditions, excepting that no pension may be granted to an 
engineer, fireman, or coalheaver for disability incurred prior to 
August 31, 1842. (6) The widows, or children under 16 years of age, 
of soldiers who served prior to March 4, 1861, are entitled to pension, if 
the soldier's death was due to causes originating in time of actual 
war, and not otherwise. Widows, or children under 16, of sailors who 
served prior to March 4, 1861, are entitled to pension only when the 
death of the sailor occurred in the service and in the line of duty, 
(c) Pensions mentioned in this paragraph, if not applied for within 



Regulations goveening pension bureau. 101 

three years from the discharge or death of the person on whose 
account the right to pension exists, or within three years of the 
termination of a pension previously granted on account of the service 
and death of such person, commence from the date of filing by the 
person prosecuting the claim the last paper necessary to establish the 
same, (d) The rate of pension allowed to one whose pensionable 
rights accrued prior to March 4, 1861, is subject to variation, after 
July 25, 1866, in accordance with the laws passed since March 4, 
1861. (e) There is no provision of law granting pensions to the 
parents, brothers, or sisters of persons who rendered military or naval 
service prior to March 4, 1861. 

PENSIONS TO INVALIDS SINCE MAKOH 4, 1861. 

428. Sections ^692 and 4693, Revised Statutes. — The declarations 
should set forth the company and regiment in which the applicant 
served, the name of the commanding officer of the company or 
organization, and the dates of enlistment and discharge, with personal 
description at enlistment. In Navy cases, the vessels on 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 
locahty 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 woimd or injury was accidental, the appHcant should state 
whether it happened through his own agency, or that of other per- 
sons, and he should detail miautely the circumstances under which it 
was received. 

If the claim is made on account of disability from disease, the 
applicant should state in said declaration when the disease first 
appeared, the place where he was when it appeared, and the duty 
upon which he was engaged at the time. He should also detail the 
circumstances of exposure, and the causes which, in his opinion, 
produced the disease. Whether the application be made on account 
of disability from wound, injury, or disease, the claimant should 
state the names, addresses, 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. 

429. The applicant should state in the declaration each and every 
permanent disability which he claims he contracted in the service in 
line of duty, and should also state definitely that the disabilities 
named are the only disabilities so contracted. If such statement be 
not embodied in the declaration, the applicant shall be required to 
make it in a supplemental affidavit; and this requirement shall apply 
to claims heretofore made and now pending. 



102 REGULATIONS GOVBENING PENSION BUREAU. 

The applicant should state his post-office address, including street 
and number, or rural free delivery route, if any. 

430. In declarations for original invalid pensions under sections 
4692 and 4693, Revised Statutes, the signature of the applicant should 
be witnessed by the signatures of two competent, credible witnesses, 
who should appear with him before the officer whose jurat is attached 
to the declaration. 

EVIDENCE KEQUIRED IN A CLAIM FOS INVALID PENSION. 

431. After the receipt of an application for pension a call shall be 
made, in Army cases, upon The Adjutant General for the full mihtafy 
and medical history of the applicant, as shown by the records of the 
War Department. In Navy cases, calls for such evidence shall be 
made upon the proper bureaus of the Navy Department. 

432. Since the consohdation of the records on file in the War 
Department in February, 1889, it is often practicable to obtain addi- 
tional information relating to a soldier's service and hospital treat- 
ment, and when the report heretofore furnished by the War Depart- 
ment was made prior to said consolidation of the records another call 
should be made on the War Department for a military and medical 
history of the soldier, returning the reports now on file. 

433. When the records of the War or Navy Department 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 ia 
the line of duty, the claimant shall be required to furnish such evidence 
in accordance with the instructions hereinafter given, and compliance 
with such requirement must be full and definite. 

434. "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 connected 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 Navy regu- 
lations. 

435. If the disabihty resulted from a wound or injury, the nature 
and location of the wound or injury, the time when, the place where, 
and the maimer in which it was received, whether in battle or other- 
wise, should be shown by the evidence of some one who was a commis- 
sioned officer and had personal knowledge of the facts. 

436. If the person called upon to give evidence is still in the service 
as a commissioned officer, his certificate shall be accepted in Heu of his 
affidavit. If there is no record of the disability claimed, the applicant 
shall be called upon to furnish the testimony of the surgeon by whom 
he was treated, showing the location and nature of the woimd or 
injury and the circumstances under which it was received. 



REGULATIONS G0VBENIN6 PENSION BUREAU. 103 

437. If the disability arose from disease, the testimony of the medi- 
cal officer who treated the applicant in service should be furnished, if 
possible, showing the name and 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; and he should 
state whether, in his opiaion, the habits of the applicant were con- 
tributory to the origin or development of the disease. 

438. In any claim, whether based on wound, injury, or disease, if 
it be shown that the testimony of a surgeon, assistant surgeon, or other 
commissioned officer can not be produced as evidence of the origin of 
the disability alleged, the testimony of other persons having personal 
knowledge of the facts shall be considered. 

439. In a claim on account of disability from disease tne applicant 
must furnish the testimony of each physician who has attended him 
since the date of discharge, explicitly setting forth the history of the 
disease and the disability since its first appearance. It is especially 
important that the physician who first attended the applicant after his 
discharge state the date at which the attendance commenced. 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. Statements of witnesses in regard to 
the manner in which the applicant was affected' should be full and 
definite and should show how such witnesses obtained a knowledge of 
the facts to which they testify. 

440. The act of March 3, 1885, provides that all applicants for pen- 
sions shall be presumed to have had no disability at the time of enlist- 
ment; but such presumption may be rebutted. It has been held that 
after six months' continuous service immediately following enlistment 
uninterrupted by the incurrence of any pensionable disability, dis- 
eases contracted thereafter shall be accepted as due to the service upon 
record evidence alone. If there is a record of the alleged disease soon 
after the soldier's enlistment, and the evidence raises a doubt as to its 
origin in the service, the questions of prior soundness and origin 
should be determined by special examination, but all the surroundings 
of the case should be carefully considered before this course is taken. 

441. Injuries are not accepted as established merely on a record 
of treatment for' same in service, for the reason that they may or 
may not have been received in line of duty. There is no class of 
claims which should be more carefully guarded than those for injuries 
and the evidence produced to show origin thereof in service and line 
of duty should always be based upon actual personal knowledge of 
the nature and extent of the injury, as well as the circumstances 



104 REGULATIONS GOVEENING PENSION BUREATT. 

under which such injury was received, in order that the bureau may 
be able to determine the question of origin in the Hne of duty. 

442. Act of June 27, 1890, as amended hy act of May 9, 1900. — ^Any 
officer, soldier, sailor, or marine who served 90 days or more in the 
military or naval service of the United States during the late War 
of the Rebellion, who has been honorably discharged therefrom, and 
who is suffering from disability of a permanent character, not the 
result of his own vicious habits, which incapacitates him from the 
performance of manual labor in such a degree as to render him 
unable to earn a support, is entitled to a pension under this act of 
not less than $6 nor more than $12 per month. 

443. The act of May 9, 1900, amending the act of June 27, 1890, 
provides that, in determining inability to earn a support, each and 
every infirmity shall be considered, and the aggregate of the disabil- 
ties shown be rated. These acts require an honorable discharge from 
each and every term of service rendered during the War of the Rebel- 
lion. A modification of this requirement has resulted, by reason of 
the provisions of section 2 of the joint resolution of July 1, 1902, 
as amended by the joint resolution of June 28, 1906. As the law 
now stands the honorable discharge of any soldier or sailor from 
any subsequent contract of service entered into by him during the 
late War of the Rebellion is regarded as an honorable discharge from 
all previous contracts of service previously entered into by him with 
the United States during the said war, if the servicfe under such sub- 
sequent contract was for not less than six months, and was faithful, 
and if he had not received by reason of the subsequent service any 
bounty or gratuity, other than from the United States, in excess of 
that to which he would have been entitled if he had continued to 
serve faithfully until honorably discharged under any contract of 
service previously entered into by him during the War of the Rebel- 
lion. The limitation of section 4716, Revised Statutes, operated 
against claimants under these acts until July 1, 1902, the date of the 
passage of the joint resolution above referred to, the first section 
of which removed the limitation as to disloyalty, except as to those 
who enlisted in the Army or Navy of the United States after January 
1, 1865. 

444. Acts of February 6, 1907, and March 4, 1907.~Bj the terms of 
these acts any person who served 90 days or more in the military or 
naval service of the United States during the late Civil War, and who 
has been honorably discharged therefrom, is entitled to a pension at 
the following rates, irrespective of rank: At 62 years of age, $12 per 
month; 70 years of age, $15 per month; 75 years or over, $20 per 
month. Pension commences from the date of filing claim in the Bureau 
of Pensions, subsequent to February 6, 1907, after attaining the speci- 
fied age. 



REGULATIONS GOVERNING PENSION BUREAU. 



105 



The bases of title under these acts, except as herein otherwise stated, 
are the same as under the act of June 27, 1890, as amended by the 
act of May 9, 1900. 

445. Act of May 11, 1912. — By the terms of this act any person 
who served 90 days or more in the military or naval service of the 
United States during the late Civil War, and who has been honorably 
discharged therefrom, is entitled to a pension at various rates, irre- 
spective of rank, based upon age and length of service, as foUows: 



Ag6. 


90 days. 


6 months. 


1 year. 


li years. 


2 years. 


2i years. 


3 years. 


62 
66 
70 
75 


$13 
15 
18 
21 


»13. 60 
15.50 
19.00 
22.60 


$14 
16 
20 
24 


114.60 
16.60 
21.50 
27.00 


$15 
17 
23 
30 


$16.50 
18.00 
24.00 
30.00 


$16 
19 
26 
30 



446. If a soldier was wounded in battle or in line of duty and 
received an honorable discharge, and is now unfit for manual labor 
by reason thereof; or, from disease or other causes incurred in line 
of duty, resulting iu his disability, is now unable to perform manual 
labor, he shall be paid the maximum pension under this act without 
regard to length of service or age. 

447. Pensions under act of May 11, 1912, commence from the date 
of filing of the applications in the Bureau of Pensions. 

448. Act of March 4, 1913. — Under the terms of this act, increase 
of pension under the act of May 11, 1912, on account of advancing 
age shall be made without further application by pensioner, and shall 
take efi'ect and commence from the date he is shown to have attained 
the age provided by this act as the basis of rating. 

In considering claims under this act, an examiner is not prevented 
from making such further investigation as to date of birth as is deemed 
necessary in order to establish a record upon which further increases 
of rate on account of advancing age may be possible, the object being 
to advance automatically the rate of pension. 

449. Claims for increase of invalid pensions. — ^A pensioner who 
may deem himself entitled to an increase of pension should file a 
declaration setting forth the grounds upon which he bases his claim. 
Upon the receipt of such claim, the same shall be taken up to deter- 
mine the propriety of ordering a medical examination. 

450. Claims for restoration and renewal of pension.- — In cases of 
unclaimed pensions (sec. 4719, R. S.) there must be filed evidence 
specifically accounting for the failure to claim the pension, and, in 
the case of invalids, medical evidence showing the continuance of 
the disabihty on account of which pension was allowed. 

Apphcation for renewal of pension must be made by a declaration 
executed as in original claims, setting forth that the cause for which 
pension was granted still continues. 



106 REGULATIONS GOVEENING PENSION BUREAU. 

NAVY SERVICE ALLOWANCES. 

451. Under sections 4756 and 4757, Revised Statutes, pensions 
for 20 years' service and for 10 years' service, respectively, are 
allowed by the Secretary of the Navy to enlisted men and appointed 
petty officers who have not been discharged for misconduct. Pen- 
sion commences from the date of filing the claim therefor in the 
Navy Department; and for 20 years' service amounts to one-half 
the monthly pay of the apphcant's rating, at his discharge; for 10 
years' service the pension can not exceed the rate for total dis- 
abihty or one-fourth of the rate of pension he is receiving for dis- 
ability, and is fixed, as is also its duration, by the Navy Department. 
An application for pension under the sections referred to should be 
made to the Secretary of the Navy. 

PENSIONS TO WIDOWS SINCE MARCH 4. 1881. 

452. Sections J!^702 and J^IOS, Revised Statutes. — To obtain pen- 
sion under these sections it must be shown that the soldier or 
sailor died of a disability contracted in the service and in the line 
of duty. The date, place, and cause of death of the soldier or saUor 
through whom the pension is claimed should be shown by a verified 
transcript of the public record. When the public record is indefinite 
as to the cause of death, and when it is necessary to show the patho- 
logical connection between the death cause as shown in the record and 
the disability as proven of service origin, the testimony of the at- 
tending physician should be filed, giving a fuU history of the soldier's 
fatal illness and the mode and manner of death; but when this is 
impossible the testimony of other persons who are acquainted with 
the circumstances may be furnished. 

463. Proof of marriage. — The marriage of the applicant to the per- 
son on account of whose service and death the claim is made should 
be shown by the best obtainable evidence in the following order — 

(1) By a duly verified copy of a public or church record; or 

(2) By the affidavit of the clergyman or magistrate who officiated; 
or 

(3) By the testimony of two or more eyewitnesses to the cere- 
mony; or 

(4) By the testimony of two or more witnesses who know that the 
parties lived together as husband and wife and were recognized as 
such, and who shall state how long, within their knowledge, such 
cohabitation continued; or 

(5) By a duly verified copy of the church record of baptism of the 
children. 

The highest evidence obtainable in the order of preference above 
stated shall be required. Inability to furnish the higher kind of 
evidence must be clearly shown before the next lower kind is 
admissible. 



REGULATIONS GOVEEKING PENSION BUREAU. 107 

454. Section 2, of the act of August 7, 1882, provides: 

That marriages, except such as are mentioned in section 4705, of the Keviscd Stat- 
utes, shall he proven in pension cases to he 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. 

455. Section 4705, Revised Statutes, provides that in the claims 
of the widows and children of colored and Indian soldiers and sailors 
there need be no other evidence of marriage than satisfactory proof 
that the parties were joined in marriage by some ceremony deemed 
by them obligatory, or habitually recognized each other as husband 
and wife, and 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 the date of his death. This sec- 
tion shall not apply to claims on account of persons who enlisted < 
after March 3, 1873. 

456. If either applicant or soldier has been previously married, the 
death or divorce of aU former consorts shotdd be proven, in the case 
of death, preferably by verified copy of the pubUc or church record 
or by the testimony of credible witnesses; and in the case of 
divorce, by certified copy of the decree of court. If there was no 
prior marriage on the part of the applicant or the soldier, this fact 
should be shown by the testimony of at least two credible witnesses 
who have known the applicant and the soldier from the time they 
became of marriageable age. 

457. In the claim of a widow, competent testimony should be pro- 
duced showing whether she and the soldier were ever divorced, and 
whether they lived together as husband and wife up to the date of the 
soldier's death. If for any reason they were not Uving together at 
the time of his death, but their separation was by mutual agreement 
or otherwise and not by legal divorce, all the facts relating to such 
separation should be fuUy produced, in order that her rights may be 
fully and clearly determined. 

458. Under the act of March 3, 1899, a widow who did not marry 
the soldier prior to the date of the act, or prior to or during his service, 
has no title to widow's pension unless it be shown that she lived and 
cohabited with him continuously from the date of marriage to. the 
date of his death, or, iu case of separation, that such separation was 
through no fault of hers. The widows of Spanish War soldiers are 
excepted from the operation of this act. 

459. Proof of dates of hirth of children. — The dates of birth of chil- 
dren should be proved by the best obtainable evidence in the follow- 
ing order — 

(1) By a didy verified copy of the pubUc record of births, or the 
church record of baptism; or 



108 REGULATIONS GOVERNING PENSION BUREAU. 

(2) By the affidavit of the physician who attended the mother; or 

(3) By the testimony of persons who were present at the births, 
who should state how they are now able to fix the precise dates. 

(4) Where the evidence called for in the preceding paragraphs can 
not be obtained, the best obtainable evidence should be furnished 
in order to enable the bureau to approximate the dates of birth. 
It is worthy of note that the records of the Census Bureau not infre- 
quently afford information on this point. 

Inability to furnish the higher kind of evidence must be clearly 
shown before the next lower kind is admissible. 

If any chUd of the person on whose account the claim is made 
died after the date at which the widow's pension would commence, the 
date of death must be shown. 

460. Children born before the marriage of their parents, if acknowl- 
edged by the father before or after marriage, shall be deemed legiti- 
mate. 

461. The additional pension granted to the widow on account of 
the minor children of the soldier by a former wife can be paid her 
only for such period of her widowhood as she has been or shall be 
charged with the maintenance of such children. 

462. Act of June 27, 1890, as amended iy act of May 9, 1900. — 
Pensions under these acts are granted tf > widows upon proof — 

(1) That the soldier or sailor served at least 90 days during the 
War of the Rebellion. 

(2) That he was honorably discharged. 

(3) That he is dead, but his death need not have been the result 
of his Army or Navy service. Under the act of March 13, 1896, his 
death may be presumed after seven years unexplained absence. 

(4) That the widow is without means of support other than her 
daily labor and such actual net income as is provided by the act of 
May 9, 1900. 

(5) That she married the soldier or sailor prior to Juno 27, 1890. 

463. Act of April 19, 1908. — Pensions under this act are granted to 
widows upon proof — 

(1) That the soldier or sailor served at least 90 days during the 
Civil War. 

(2) That he was honorably discharged. 

(3) That he is dead, but his death need not have been the result 
of his Army or Navy service. Under the act of March 13, 1896, his 
death may be presumed after seven years unexplained absence. 

(4) That she was married to the soldier or sailor prior to Junn 
27, 1890. ^ 

464. In widows' claims under the act of June 27, 1890, as amended, 
or under the act of April 19, 1908, the provisions of the joint resolu- 



REGULATIONS GOVERNING PENSION BUREAU. 109 

tion of July 1, 1902, and amendments, apply the same as in invalid 
claims. 

FEDTSIONS TO MINORS SIXOE UAKCH 4, 1861. 

465. Sections 1^102 and J^IOS, Revised Statutes. — To obtain title to 
pension under these sections it must be shown that the father of the 
minor children died of a disability contracted in the service and in 
the line of duty; and, in addition, proof must be furnished as follows: 

(1) The cause and date of the father's death, ^ the marriage of the 
parents, and the dates of birth of the children must be established as 
in widows' claims. When, however, satisfactory proof upon these 
points has been furnished in the claim of the widow, it will not again 
be required in the claim on behalf of the minors. 

(2) If the mother of the children is dead, the date of her death 
must be proved. If she remarried, her remarriage must be shown in 
the same manner that her marriage to the father of the children is 
required to be established. If the claim is based on the fact that the 
widow has abandoned the care of the children, or that she is an un- 
suitable person, by reason of immoral conduct, to have the custody 
of them, and such fact be duly certified under seal, by any court 
having probate jurisdiction, or be shown by satisfactory evidence, 
the children are given a pensionable status by section 4706, Revised 
Statutes, to the exclusion of the widow, until they severally attain 
the age of 16 years, to commence from the date of last payment to 
the widow, if she be a pensioner, and if not, from the date on which 
her pensionable rights accrued. 

(3) If the mother of the children died before the father, it must 
be shown whether he again married. 

(4) It must be shown whether the father left any other pensionable 
child than the minors for whose benefit the claim is made, and, if so, 
why such child was not mentioned in the application. In minors' 
claims pension can not be allowed on account of a child who died 
prior to the allowance of the claim. 

466. Act of June 27, 1890, as amended ly act of May 9, 1900. — 
Minor children have title under these acts upon the death or remar- 
riage of the widow of the soldier or sailor. Where, however, the 
widow was not married to the soldier or sailor prior to June 27, 1890, 
and his death cause did not originate in the service and in the line of 
duty; or where she has forfeited her title to pension by open and 
notorious adulterous cohabitation, or has been suspended under the 
provisions of section 4706, Revised Statutes, the minor takes title, 
even though the widow be aUve and unmarried. 

467. A minor's claim for pension may be made and prosecuted by 
the minor himself or by a next friend or guardian, but if the claim is 
allowed before his majority the payment of pension shall be made 
only to a duly appointed guardian. 



110 EEGULATIONS GOVERNING PENSION BUREAU. 

FENSIOirS TO HELPLESS CHILDREIT. 

468. The first proviso of the third section of the act of June 27, 
1890, as amended by the act of May 9, 1900, continues the pension of 
a minor child who is insane, idiotic, or otherwise physically or men- 
tally helpless, after it becomes 16 years of age, during the life of 
said child, or during the period of such disability. The benefits 
of this proviso are extended to all pensions granted before June 27, 
1890, or thereafter granted, imder any statute. The pension al- 
lowed by the proviso commences from the date of the filing of the 
application therefor in the Bureau of Pensions. In order to obtain 
title, the helplessness of the child must have originated prior to 
attaining the age of 16 years, and have continued thereafter. 

469. No helpless child of the soldier over 16 years of age at the 
date of death of the soldier has title to pension under these acts. 

PENSIONS TO SEPENDEITT RELATIVES. 

470. Section J^lOl, Revised Statutes. — To obtain title to pension 
under this statute, it must be shown that the soldier or sailor died of a 
disability contracted in the service and in line of duty. 

471. Dependent mothers. — In a mother's claim, her relationship 
to the soldier or saUor, the date and cause of the son's death, whether 
he left a widow or minor children surviving, and her dependence on 
him for support at the time of his death, must be shown. 

472. In proof of dependence, it must be shown that previous to the 
date of the said son's decease her husband had died, or that he had 
permanently abandoned her, or that, on account of disability from 
injury or disease, he was unable to support her. 

473. If the husband is dead, the date of his death must be proved. 
If he abandoned the support of his family, the date of the abandon- 
ment, and all the facts of the case, showing whether he ever returned 
or ever afterwards contributed to the support of the claimant, 
must be fuUy set forth. If any person who is legally bound to con- 
tribute to the support of the mother claimant neglect or fail to do so, 
and the State or local laws afford a remedy, it should be shown 
whether the claima,nt has invoked the aid of such laws to compel 
support. If the father was disabled, the nature and cause of the 
disability, when, and to what extent, it rendered him unable to sup- 
port the claimant, must be shown by the testimony of his physician. 
The extent of his disability during the period from the son's death 
to the present time should also be shown. 

474. The value of the property of the claimant and her husband, 
the income derived therefrom, and the other means of support pos- 
sessed by her while she was receiving the contributions of the son on 
account of whose service and death pension is claimed, and from that 
time to the present, should be shown by the testimony of credible 



REGULATIONS G0VEBNTN6 PENSION BUREAU. Ill 

and disinterested witnesses, who must state how they know the facts. 
The value of property assessed for taxation may be shown by the 
testimony of the officer having custody of the records relative thereto, 
who should also state the ratio of the assessed to the actual or cash 
value of such property. 

475. It must be shown to what extent, for what period, and in what 
manner, her said son contributed to her support, by the testimony 
of persons for whom the son labored, to whom he paid rent, of whom 
he purchased groceries, fuel, clothing, or other necessary articles for 
the mother's use, or of those who otherwise had a knowledge of the 
contributions of the son, and who must state how they obtained 
such knowledge. Any letter from the son, bearing upon the ques- 
tion of support, should be filed. If the son, in any other manner 
than by actual contributions, acknowledged his obligation to support 
his mother, or was, by law, bound to such support, the facts should 
be shown. 

476. Dependent fathers. — In a father's claim for pension on account 
of the death of a legitimate son upon whom he was dependent for 
support, there must be proven — 

(1) The cause of his son's death; 

That said son left no widow or minor child surviving; 

The cause and extent of claimant's disability during the period in 
which the son contributed to his support, and from that time to the 
present; 

The amount of his property, and all other means of support pos- 
sessed by him during that period, and the extent of his dependence 
upon his son for support. < 

The facts of the case, in each respect, should be shown by such 
testimony as is required in the claim of a mother. 

(2) The date of the claimant's marriage to the mother of the 
soldier or sailor, the date of birth of the son, and the date of the 
death of said mother, must be proved. 

In case the mother applied for pension, reference should be made 
to her application, and the number of the same, or of her certificate, 
should be given. Evidence upon any fact established in a mother's 
claim shall not again be required. 

477. Minor brothers and sisters. — In a claim on behalf of minor 
brothers and sisters there must be proved — 

The cause and date of death of the brother on whose account the 
claim is made ; 

His celibacy; 

The dates of death of the mother and father, or death of the father 
and remarriage of the mother; 

The dates of birth of the claimant and other dependents upon the 
brother for support. 
76704°— 15 8 



112 REGULATIONS GOVERNING PENSION BUREAU. 

If the mother or father applied for pension, the number of his or 
her application, or of his or her certificate, should be given. 

Evidence upon any fact established in the claim of the mother or 
the father wiQ not again be required. 

In the administration of the pension laws no distinction is made 
between brothers and sisters of the half blood and those of the whole 
blood. 

478. A minor brother or sister's claim for pension may be made 
and prosecuted by the minor or by next friend or guardian, but if the 
claim is allowed before his majority the payment of pension shall be 
made only to a duly appointed guardian. 

479. Act of June 27, 1890 {.construed as amending sec. 4707, B. S., 
as to dependent parents). — The same evidence is required in claims 
imder this act as under section 4707, Eevised Statutes, in its original 
form, except as to contributions by the soldier or sailor, and as to 
date of dependence, which is changed from the date of the soldier's 
or sailor's death to the date of the filing of the application for pension 
under this law. 

480. The rate of pension under section 4707, Revised Statutes, in 
its original form, and under section 1 of the act of June 27, 1890, is 
governed by the rank of the soldier or sailor on account of whose 
service and death pension may be claimed. 

481. If the claim is prosecuted under section 4707, Revised Stat- 
utes, the attorney's fee may be $25; if prosecuted under section 1 of 
the act of June 27, 1890, the fee is $10. 

CLAIMS FOB BESTORATION AND RENEWAL. 

482. Application for restoration of pension (sec. 4719, R. S.) must 
be submitted by a declaration executed as in an original claim, set- 
tiug forth fully the reasons for failure to draw pension, accompanied 
by evidence satisfactorily accounting for such failure. 

483. The act of March 3, 1901, amending section 4708, Revised 
Statutes, provides for renewal of pension to certain remarried widows 
on renewed widowhood. The applicant under these acts must show 
that she was the wife of the officer, soldier, or sailor during the 
period of his service in a war; that she was pensioned as his widow 
by reason of his death being due to disability of service origin in 
such war ; that her name was dropped from the roll by reason of her 
remarriage to another person who has since died, or from whom she 
has been divorced upon her application, and without fault on her 
part; and that she is without means of support other than her daily 
labor and a net income not exceeding $250 per annum. The fact 
that the widow was originally barred from pension by the terms of 
the act of March 3, 1865, by reason of her remarriage, does not 
deprive her of title to pension under the amendatory act of February 
28, 1903. 



EEGULATIONS GOVERNING PENSION BUREAU. 113 

FEirsioirs TO armt xturses. 

484. Act of August 5, 1892. — By this act all women employed by 
the Surgeon General of the Army as nurses dxu-ing the late War of 
the Rebellion, for a period of six months or more, and who were 
honorably relieved from such service, are entitled to a pension, pro- 
vided they are unable to earn a support. 

DROPPING, RECOVERY, STTSPENSION, AND RECOUPMENT. 

485. Under the provisions of the act of December 21, 1893, any 
pension heretofore or that may be hereafter granted to any applicant 
under any law of the United States, shaU be deemed to be a vested 
right in the grantee to that extent that payment thereof shall not be 
withheld or suspended until, after due notice to the grantee of not 
less than 30 days, the commissioner, after hearing all the evidence, 
shall decide to annul, vacate, modify, and set aside the decision upon 
which such pension was granted. 

486. Such notice to grantee must contain a full and true statement 
of any charges or allegations upon which such decision granting such 
pension shall be sought to be in any manner disturbed or modified. 

487. All cases in which these questions arise are to be determined 
by the Board of Review or by the medical referee, as the case may be, 
and where dropping, reduction, or recoupment is proposed, the evi- 
dence furnished tending to show absence of title or that the rate of 
pension now pending is excessive should be brought to the personal 
attention of the commissioner. 

488. Pension paid in consequence of fraud on the part of the pen- 
sioner or of a mistake of fact in the adjudication of the claim may 
be recovered by withholding accruing pension. 

CLAIMS FOR SHARE OF PENSION PAID TO INMATES OF THE GOVERNMENT HOSPITAL 

FOR THE INSANE. 

489. Act of February 2, 1909. — By the terms of this act, the pension 
accruing to an inmate of the Government Hospital for the Insane 
must be paid to the superintendent or disbursing agent of such hos- 
pital, and the money so paid shall be disbursed and used, under the 
regulations prescribed by the Secretary of the Interior, for the benefit 
of the pensioner, and in the case of a male pensioner, his wife, minor 
children, and dependent parents, or, if a female pensioner, her minor 
children, if any, in the order named. All questions affecting the 
right of a claimant to a share of the pension of an inmate of the 
hospital are determined upon evidence submitted to the Commissioner 
of Pensions, in accordance with the practice obtaining in such cases. 
The findings of the Commissioner of Pensions upon the evidence are 
submitted to the Secretary of the Interior for approval, and, upon 
the latter' s direction, the disbursing officers of said hospital shall 



114 REGULATIONS GOVERNING PENSION BUREAU. 

make proper distribution of the pension money to the dependents 
enumerated in said act. 

490. Apphcations to the Commissioner of Pensions for allotment 
of a share of the pension in cases under the act of February 2, 1909, 
shoidd be made under oath, and the applicant should state the rela- 
tionship to the insane person, the certificate number of such person, 
if known, the aggregate value of all property owned by the apphcant, 
as well as the sources of income and means of support of said apph- 
cant. All allegations should be sustained by the testimony of persons 
competent to testify from personal knowledge of the facts, and the 
witnesses should state their ages, means of knowledge of the facts 
to which they testify, and their post-office addresses, giving the street 
and number, or rural free-delivery route, if any. In case the appli- 
cation is made by the wife, she should furnish evidence of marriage 
in the manner and order provided for in sec. 453. If either applicant 
or pensioner had been previously married, the death or divorce of 
the former consort should be proved; in case of death, preferably 
by verified copy of the public or chm-ch record, or by the testimony 
of credible witnesses; and, in case of divorce, by a certified copy of 
the decree of the court. If there was no prior marriage on the part 
of the applicant or the pensioner, this fact should be shown by the 
testimony of at least two credible witnesses who have known the 
applicant and the pensioner from the time they became of marriage- 
able age. 

491. In the cases of minor children or dependent parents, the rela- 
tionship of the applicants to the pensioner must be satisfactorily 
shown. 

492. The application and the evidence necessary to estabhsh the 
claim should be filed at the same time. 

CLAIMS FOR PAYMENT OF PENSION TO WIVES OF INSANE PENSIONERS, OR TO WIVES 
OF PENSIONERS UNDERGOING SENTENCE OF IMPRISONMENT. 

493. Act of August 8, 1882. — Where an insane invahd pensioner 
has no guardian, and has a wife or children dependent upon him, the 
wife being a woman of good character, the Commissioner of Pensions 
is authorized, in his discretion, to cause the pension to be paid to the 
wife, upon her properly executed voucher, or, if there is no wife, to 
the guardian of the children, upon his properly executed voucher, 
and, in hke manner, to make payment of the pension due inVaUd 
pensioners who are imprisoned for offenses against the law, to their 
wives, or the guardians of their children. 

Under this statute evidence showing the pensioner's insanity or 
imprisonment, and, in the case of a wife, her good character, as well 
as the proof required in claims under the act of February 2, 1909, 
above, must be furnished. 



KEGtlLATIONS GOVERNING PENSION BUREAU. 115 

ACCaXTED AND REIMBTrKSEMENT CLAIMS. 

494. Act of March 2, 1895. — An accrued pension is payable, under 
the terms of this act, whether the certificate issues prior or subsequent 
to the death of the soldier entitled to the pension, first, to his widow, 
second, if there is no widow, to his child or children under 16 years of 
age, third, in case of a widow, to her minor children by the soldier 
who were under 16 years of age at the date of her death. No other 
person is entitled to receive the accrued pension, as a matter of 
right, nor is it considered a part of the assets of the estate of the 
deceased pensioner. It is not liable for the debts of the estate, in 
any case whatsoever, but inures to the sole and exclusive benefit of 
the widow or children. The proof necessary to estabhsh a claim for 
accrued pension is identical with that required to establish the claim 
of a widow or minor child to original pension, in so far as the relation- 
ship of the claimant for the accrued pension to the pensioner is 
concerned. 

495. A claim for reimbursement may be made by the person who 
bore the expenses of the last sickness and burial of any pensioner who 
died, leaving no widow, or child under 16 years of age, stu-viving, 
provided the pensioner did not leave sufficient assets to meet such 
expenses. An appUcation for reimbursement should be accompanied 
by the following evidence: 

BiUs of aU expenses of last sickness and burial. — If paid by the 
claimant for reimbusement the bills must be properly receipted 
to said claimant. If unpaid, the parties to whom said bills are due 
should note on each bUl, over their signatures, that they hold the 
claimant responsible for the payment. If the bill be for medical 
treatment it must show the dates of visits or treatment and the charge 
for each. A biU for nursing and care must show the dates between 
which the services were rendered, and the rate per day or week. The 
bin of the undertaker must be itemized, and show the date on which 
the services were rendered. 

Each bill must show that the service was rendered for the pensioner 
on accoimt of whom reimbursement is claimed. 

All claims should be presented in the name of one person. 

BiUs which are forwarded become a part of the records of the 
Bureau of Pensions, and can not be returned. Claimants should 
therefore secure duplicates of such bUls if needed by them. 

If the pension certificate which was issued in the name of the 
pensioner is not in possession of the claimant a statement showing its 
whereabouts or final disposition should be made. 

496. In claims for accrued pension or for reimbursement imder the 
act of March 2, 1895, a formal declaration is not necessary. AU that 
is required in these cases is that the appUcant shaQ be properly 



116 REGULATIONS GOVERNING PENSION BUREAU. 

identified by the evidence as the person entitled to the accrued pension 
or reimbursement. (See section 156.) 

497. The maihng of a pension check in payment of pension due, 
issued on voucher, constitutes payment in the event of the death of 
the pensioner subsequent to the execution of the voucher therefor. 

498. a. In nonvoucher cases the proper delivery of a pension check 
during the lifetime of the pensioner constitutes payment in the event 
of the death of the pensioner prior to indorsement thereof. In such 
cases the checks become a part of the assets of the estate of the 
deceased pensioner. 

6. AU inquiries relative to the payment of such checks should be 
addressed to the Auditor for the Interior Department, Treasury 
Department. 

WITNESSES AND TESTIMONY. 

499. A declaration executed before an officer who is claimant's 
attorney is accepted by the Bureau of Pensions as good and valid, 
but under the practice such magisterial act vacates any rights which 
may be conferred on him in the power of attorney therein embodied. 

500. Evidence executed before an officer who is claimant's attorney 
or before any person who has a manifest interest therein shall not be 
considered. It is held by the Secretary of the Interior, however, 
that evidence so executed, wherein the certificate of such ofiicer 
contains a clause setting forth that "he is in nowise interested in the 
claim nor concerned in its prosecution" is good and valid, but the 
rights such ofl&cer may have had as attorney in the case are thereby 
abandoned. All certificates of executing officers should certify 
that they have no interest in the claim. 

501. Every fact required to be proved should be shown by the best 
evidence obtainable. Every witness should state whether he has any 
interest, direct or indirect, in the prosecution of the claim in which he 
may testify; whether he is related to the claimant, and if so, how; 
and should give his post-office address, with street and number, or 
rural free-delivery route, if any. 

502. Witnesses should not merely confirm the statements of other 
parties, but should give a detailed statement of the facts known to 
them in regard to the matter concerning which they testify, and should 
state how they obtained a knowledge of such facts. The officer 
taking the deposition or affidavit should certify in his own hand- 
writing as to his knowledge of the credibility of the witnesses. If 
they sign by mark, the signature must be attested by two witnesses 
who write, and the officer must certify that the contents of their 
depositions or affidavits were read to them before he administered 
the oath. 

503. Affidavits should be free from interlineations and erasures. 
When an alteration is made in an affidavit, or an addition is made 



REGULATIONS GOVEENING PENSION BTJKEATJ. 



ii'r 



thereto, it must appear by the certificate of the officer who admin- 
istered the oath that such alteration or addition was made with the 
knowledge and sworn consent of the affiant. 

504. In all affidavits from surgeons or physicians the portion 
detailing the nature of the disability, dates of treatment, and date 
of death, symptoms and opinions as to connection between diseases 
or injury and disease should be in the handwriting of the party by 
whom it is signed. The testimony of any person testifying as an 
expert should be prepared by some one professionally competent 
to do so. 

505. The official certificates of judicial officers using a seal or of 
commissioned officers of the Army or Navy in actual service shall be 
accepted without being sworn to, but all other witnesses must testify 
under oath. 

COPIES OF RECORDS AND PAPERS. 

506. a. Act of August 24, 1912. — Copies of the bureau records may, 
when not deemed prejudicial to the interests of the Government, be 
furnished at the rate of 15 cents for each 100 words copied, or 15 
cents for each sheet photographed, with 25 cents additional for each 
certificate of verification and the seal of the bureau attached to 
authenticated copies. Authenticated copies are to be admitted in 
evidence equally with the originals thereof. 

6. The papers, copies of which are desired, should be clearly speci- 
fied, and the name of the soldier upon whose service the claim was 
based, the designation of the organization in which he served, and, 
if possible, the number of the claim or the certificate should be stated, 
in order that the case may be identified and unnecessary delay 
avoided; and the purpose for which such copies are desired should 
be definitely stated. 

607. Act of May 11, 1912. — Section 5, as amended March 4, 1913, 
provides that a record be, kept of Civil and Mexican War pensioners 
under said acts, showing the name, length of service, and age of each 
pensioner, the monthly rate of pension paid to him and the county 
and State of his residence, and that certified copies thereof be furn- 
ished upon demand and payment of such fee therefore as is provided 
by act of August 24, 1912. 

508. Post-office addresses are charged for at the rate of 15 cents 
each, but may be furnished free where requested by a claimant for 
pension in securing evidence in the prosecution of his claim. 

UISCELLANEOTTS. 

50i9. Applications for certificate of service in lieu of lost discharge 
should be filed with the Adjutant General, United States Army, War 
Department, in Army cases, and with the Chief of the Bureau of 
Navigation, Navy Department, m Navy cases. 



118 REGULATIONS GOVEBNING PENSION BUEEAU. 

610. Applications for back pay, extra pay, or bounty money for 
military service should be filed with the Auditor for the War Depart- 
ment; for bounty, extra pay, or prize money for naval service, with 
the Auditor for the Navy Department. 

511. Applications for artificial Umbs or mechanical appliances 
should be filed with the Surgeon General, United States Army, War 
Department. 

512. Apphcations for headstones for graves of deceased soldiers 
should be filed with the Chief, Quartermaster's Corps, United States 
Army, War Department. 

513. TABIE OF ATTOENEY FEES ALLOWED BY LAW. 

In original claims allowed under all general laws (except such acts as do not 
provide for payment of a fee), (sec. 4, act July 4, 1884) a fee — 

On properly executed articles of agreement, any amount contracted 

for, not exceeding $25.00 

Without articles of agreement 10. 00 

Act June 27, 1890 (sec. 4 of said act) 10. 00 

Act Apr. 19, 1908 (sec. 2 of said act) 10.00 

Act May 11, 1912, on original allowance only and only in cases where such 
allowance is made to a person who was not a pensioner under any law at 
passage of the act, and had never received a pension prior to that date. 
On properly executed articles of agreement, any amount contracted for) 

not exceeding 25. 00 

Without articles of agreement 10. 00 

Supplemental claims allowing pension — 

For child by former marriage, if filed by new attorney 10. 00 

For helpless child — 

If named in original application, but new attorney presents claim. . 10. 00 
If not so named, whether supplemental claim be filed by new or 

original attorney 10. 00 

For posthumous child, born after filing claim, unless expressly 
exempted by mutual agreement between claimant and attorney. . 10. 00 
Rerating or reissue to correct rate or date of commencement, if filed by new 

attorney (11 P. D . , 202) 10. 00 

Reduction in rate of pension, for services rendered in preventing (Secretary's 

decision, Dec. 27, 1900, case of Charles Hebel, certificate No. 113168) 10. 00 

Dropping pensioner's name from roll, for services rendered in preventing 

(9P. D., 236) 10.00 

Renewal, restoration, removal of suspension, etc., "cases of difficulty and 
trouble " (sec. 4, act July 4, 1884), commissioner may recognize articles of 

agreement for not exceeding (8 P. D., 182) 25. 00 

Restoration — 

Dropped for loss of title on testimony taken by a special examiner show- 
ing that the disability or cause of death on account of which pension 
was allowed did not originate in line of duty, and in cases of dependent 
relatives whose names were dropped, on like testimony, upon the 
ground of nondependence (act July 4, 1884), in claims under all gen- 
eral laws (except act June 27, 1890, act Apr. 19, 1908, and such acts as 
do not provide for payment of a fee) — 
On properly executed articles of agreement, any amount contracted 

for, not exceeding 25 00 

Without articles of agreement 10.00 



REGULATIONS GOVBENING PENSION BUREAU. 119 

Restoration — Continued . 

Under act June 27, 1890 $10. 00 

Under act Apr. 19, 1908 10. 00 

Where dropped under sec. 4719, R. S. (4 P. D., 405) 10.00 

Increase claims — 

Mexican War, Jan. 5, 1893, and amendatory acts, in which fee was not 

paid prior to Sept. 20, 1902 (12 P. D., 505) 10. 00 

In cases where increase is granted because of increase of the disability 
for which pension was originally allowed (act Mar. 3, 1891) 2. 00 

514. Not payable on order of Commissioner of Pensions, but a matter 
of contract between claimant and attorney, subjecting the latter to 
disciplinary proceedings in the event of extortion or unreason- 
ableness. 

Accrued pensions, act Mar. 2, 1895, due deceased pensioners (rule 26, prac- 
tice): Attorney may collect 10 per cent of accrued pension paid, but fee 
must not exceed $10. 00 

Divided pensions, act Mar. 3, 1899 (10 P. D., 403): Attorney may collect rea- 
sonable fee, and in absence of abuse or misconduct on his part justifying 
disbarment. Commissioner of Pensions has no authority. 

515. Cases wherein fees are denied. 

By law: 

Act July 4, 1884, arrears of pension allowed by Congress subsequent to 
original grant No fee. 

Act Mar. 19, 1886, increasing rates of pension to certain widows No fee. 

Act Aug. 5, 1892, granting pensions to Army nurses No fee. 

Act Mar. 3, 1901, and act Feb. 28, 1903, amendmg sec. 4708 R. S., giving 

pensionable status to certain remarried widows No fee. 

Act Feb. 6, 1907, granting pensions to certain survivors of the Mexican 
and Civil Wars No fee. 

Act May 28, 1908, for services in introducing or securing the passage of a 
private act of Congress granting a pension No fee. 

Act May 11, 1912, if a pensioner at date of the passage of the act, or had 

been a pensioner prior to its approval No fee. 

By departmental construction or regulations: 

Increase of pension by operation of law No fee. 

Claim filed by State agent or commissioner (7 P. D., 293) No fee. 

Wherein power of attorney only is filed (4 P. D., 356; 7 P. D., 517) No fee. 

Wherein no service is rendered (7 P. D., 517) No fee. 

Wherein attorney transmits only order for medical examination or rea- 
sons for claimant's failure to appear for such examination (9 P. D., 375), 
unless in response to bureau call No fee. 

Where guardian, as attorney, prosecutes claim of his ward, or firm of 
attorneys of which guardian is a member, prosecutes such claim (rule 
15, practice) No fee. 

Where no fund accrues by reason of allowance out of which fee could be 
paid (8 P. D., 139; 11 P. D., 149) No fee. 

Reissue to include new disability, if no increase (8 P. D., 139) : . . . No fee. 

Rerating or reissue to correct rate or date of commencement, if same attor- 
ney as in original claim (7 P. D., 359; 13 P. D., 75) No fee. 

Securing new or duplicate pension certificate (8 P. D., 261) No fee. 

Supplemental claims allowing pension — 

For child by former marriage if claim be filed by original attorney 

(7 P. D., 47; 16 P. D., 546) No fee. 

For helpless child if child named as helpless in original declaration, 
to original attorney (9 P. D., 117) No fee. 



120 BEGITLATIONS GOVEBNING PENSION BXTEEAtr. 

516. Postage. 

By order of May 26, 1891, attorneys may receive, from and after Apr. 22, 1891, 
for postage in any one claim |0. 50 



The foregoing orders, instructions, and regulations, comprised in 
516 sections, are prescribed for the government of the Pension Bureau 
and others having relations therewith. 

Gayloed M. Saltzgabee, 

Commissioner of Pensions. 



Approved April 5, 1915. 



Depaetment of THE Inteeioe. 

Bo Sweeney, 
Assistant Secretary. 



INDEX. 



A. 

Section. 

Abandoned claims, practice in 236, 237 

Abandoned files, duties of 21 

Abandonment: 

Minors by widow 465 ^ 

Mother by father 472 

Abbreviations, prohibited in official correspondence 300 

Absence: 

Deductions from leave, account of 22 

Leaves of, laws and rules governing 415 

Or presence of comrades, verification of 231 

Without leave, deductions account of 72 

Acceptance: 

Statement "no other service " in declaration, as prima facie 147 

Widow's declaration, act of June 27, 1890, as act of April 19, 1908 60c 

Accrued pension: 

Briefing of claim for 203 

Certificate, presence or absence to be noted on face brief 159 

Declaration, formal not necessary 156, 496 

Fee in 378 

Joint resolution of July 1, 1902, not applicable 104 

Pa3rment not to be made if overpayment 154 

Payment of, act of March 2, 1895 494 

Reimbursement 162, 495, 496 

Act of March 3, 1865: Remarried widows 483 

Act of March 9, 1878: War of 1812, service pensions 420 

Act of March 3, 1885 : Prior soundness, presumption of 440 

Act of January 29, 1887: Mexican War service pensions, provisions of 424 

Act of August 7, 1882: Evidence as to marriage 454 

Act of August 8, 1882: 

Law Division in charge matters under 11 

Payment in case of imprisoned or insane invalid pensioner to wife 493 

Act of March 19, 1886: Increase thereunder to be noted on reissue certificates. 274 
Act of June 27, 1890: 

Provisions of, as to soldiers 442, 443 

Dependent parents — 

Present dependence only required 479 

Under section 4707, Revised Statutes, as amended by 479 

Helpless children under 468 

Joint resolution of July 1, 1902, applicable to widows under 464 

Marriage of widows prior to 462 

Minors, title thereunder 466 

Widow's declaration under, accepted as act of April 19, 1908 60c 

Widows, title under 462 

121 



122 INDEX. 

Baction. 

Act of July 27, 1892: Indian wars, provisions of 421-423 

Act of August 5, 1892: Army nurses 484 

Act of January 5, 1893: Mexican War, pensions under 424 

Act of December 21, 1893: 

Accrued pension, not applicable in claims for, if fraud or mistake 154 

Dropping thereunder 485 

Act of July 18, 1894: Inspection examining surgeons' reports 285 

Act of March 2, 1895: 

Benefits to be noted on brief, when given 64i, 64j 

Fee in accrued claims under 378 

Increase thereunder to be noted on reissue certificates 274 

Joint resolution of July 1, 1902, not applicable to claims thereunder 104 

Payment of accrued pension 494 

Payment of, as reimbursement 55c 

Reimbursement, deduction amounts received from various States and Dis- 
trict of Columbia 157 

Act of March 3, 1895: Prior soundness presumed 440 

Act of March 13, 1896: Presumption of death thereunder 463 

Act of March 30, 1898: Destruction of battleship Maine 134 

Act of March 3, 1899: 

Appeals under , 253-256 

Claims xmder 105-129 

Marriage subsequent to date of act 458 

Settlements under, by Law Division 11 

Act of April 23, 1900: War with Mexico, pensions under 424 

Act of May 9, 1900: 

Minors, title thereunder 466 

Provisions of 442,443 

Provisions of as to widows 462 

Act of March 3, 1901: 

Renewal of pension, remarried widows 483 

Section 4715, Revised Statutes, applies to claims under 67a 

Act of June 27, 1902: Indian wars, provisions of 422 

Act of February 28, 1903: Remarried widows 483 

Act of March 3, 1903: Mexican War survivors 424 

Act of February 20, 1905 : Law Division in charge matters under 11 

Act of February 6, 1907: 

Amended by act of March 4, 1907: Service pensions,' Civil War 444 

Claims under 68-99 

Claims under, how classed and reported 68a 

Provisions of, service in Civil War 444 

Rates under, survivors War with Mexico 425 

Act of April 19, 1908: 

Date of marriage of widows 462 

Joint resolution of July 1, 1902, applicable to widows' claims under 464 

Proof in widows' claims thereunder 453 

Widow's declaration under act of June 27, 1890, accepted under 60c 

Act of May 30, 1908: 

Claims luider I3 -^^q 

Indian wars, provisions of 423 

Act of February 2, 1909: 

Law Division in charge matters under H 

Pensions of inmates Government Hospital for the Insane 489-492 



INDEX. 123 

Act of May 11, 1912: Section. 

Absence without leave, deductions account of 72 

Adjudication prior to act of March 4, 1913, not to be disturbed 83 

Age- 
All facts to be considered in determining 71 

Declaration not required except in original claim 81 

Future increase on accotmt of 80 

Application of section 4701, Revised Statutes 77 

Automatic increase 448 

Benefit disability clause not given unless specifically mentioned 69 

Birth, year being shown by papers on file, same to be accepted without 

calling for further proof as to year 91a 

Certified copies of names, length of service, and age 507 

Claims under 68-99 

How classed and reported 68a 

Commencement increase for disability, date filing declaration 86 

Date of birth — 

Approximate date may be fixed 84 

To be accepted on allegation, if 75 years of age 85 

To be noted on face brief and in letter of rejection, in certain cases. . . 88 
Year being established, claimant's afiidavit as to day and month may 

be accepted 91b 

Date of commencement 447 

Disability — 

Further consideration of, if purpose claimed 70 

Incurred in service 446 

Medical evidence required 96 

Medical examination in 95, 98 

Reopening rejected claims 99 

Drafted men, commencement of pensionable service 79 

Election, pensioner receiving same rate under another law 93 

Furlough, time not deducted if returned from 72 

Increase — 

Commencement of 82 

Considered if beneficial age reached within 3 months 90a 

Considered upon receipt information any source that pensioner reached 

beneficial age 94 

Considered upon request from pensioner 89a 

If not entitled within 3 months, memorandum to be kept 90b 

Medical examination, orders not to issue in certain cases 97 

Pensioner's age, rejection on account of, pensioner to be advised as to 

his future rights 91c 

Provisions of 445 

Rate, War with Mexico 426 

Rates, Civil War 445 

Rejection- 
Form of letter when applicant not reached beneficial age 92 

If applicant pensioned greater rate under other laws 87 

Section 4701, Revised Statutes, not to reopen claims adjudicated prior to 

change in practice 78 

Act of August 24, 1912: 

Copies of Bureau records, when furnished and charges for 506 

Provision for fee for furnishing certified copies 507 

Act of February 19, 1913, Indian wars 131 



124 INDEX. 

Act of March 4, 1913: Section. 

Adjudication under act of May 11, 1912, prior to, not to be disturbed 83 

Amending act of May 11, 1912, automatic increase 448 

Action: 

Face brief, evidence in rejected cases to be disposed of by 318 

Form of letter advising claimant as to 139, 140 

Notice of, to Members of Congress, in cases called up by 290 

Prompt, in cases recalled from Congress 280 

Acts: 

Public, copies, chief clerk to Law Division 278 

Special 275-279 

Copies made by chief clerk 275 

Eeference of, to Law Division 275 

Addresses: 

Alias to be omitted in 298 

And names of comrades 320 

Care of another person, not accepted for delivery of valuable mail 216 

Change of post office 18 

General delivery; when it may be assumed that another address is not 

available 217 

In communications to be at the beginning 297 

Inmates soldiers' homes to contain service. 299 

Pensioners, correspondence as to, to be in name disbursing clerk 296 

Post office, of pensioners, charges for furnishing 508 

Registered mail to contain name of county 302 

To include street and number, post-office box or rural free-delivery route. 216, 501 

Adjudicating Division: 

File slip to be sent to, on issue 6f certificate 270 

Not to call for letters of guardianship 261 

Adjudication, final, when reached 137 

Administrative examination, under Dockery Act made in Finance Division. . . 17 

Admission, of attorneys 344^ 346 

Admittance: 

Employees not allowed before 8.30 or after 4.30 24 

Female clerks not permitted on fourth floor 26 

Admitted cases, examination of surgeons' certificates not permitted in 286 

Admitted files, duties pf 20 

Adulterous cohabitation; 

No payment to widow as guardian if dropped from roll for 265 

Widow dropped account of, title of minors 4gg 

Adverse, all parties to be notified of appeal 242 

Advertising, matter by attorneys 399^ 400 

Advice: 

Claimant as to action, form of letter X39 ^40 

Employees not to give claimants 32 

Refundments, to be given Auditor for Interior Department 150 

Affidavit: 

Execution of 42g 

Fixes date for commencement pension under act of May 11, 1912 86 

For the removal of desertion because of disloyalty lOi 

If repeated, how acted upon gg^ 

Judicial officers using a seal not to be under oath 505 

Officer must certify to interlineations or erasures 503 

Surgeon's or physician's, to be in handwriting of witness , 504 



INDEX. 125 

^S^' Section. 

ActofMay 11, 1912, all facta to be considered in determining 71 

Declaration not required except in original 81 

And date of birth to appear on face brief 68d 

Approximate date of birth may be fixed 84 

Beneficial, act of May 11, 1912; claim considered upon receipt information 

any source pensioner has reached 94 

Calls on Census Bureau 100 

Correspondence as to, by letter 68c 

Date of birth accepted after maximum, 75, reached 85 

Determine under act of May 11, 1912, if adverse action taken 88 

Increase on account of, future, act of May 11, 1912 80 

Mistatements, refundment account of 152, 153 

Rejection, form of letter 92 

On account of, pensioner to be advised future rights 91c 

Agents. (See Attorneys.) 

Agents, State, advised as to calls 403 

Agreement, articles of: 

Execution, if not proper, attorney to be advised 392 

Form of 390 

To be in duplicate 389, 391 

Two ■witnesses required to claimant's signature in 386 

Withholding fee if defective 397 

Alias, not to be used in addresses 298 

Allowances, Navy, 10 and 20 years' service 451 

Answers, prompt and respectful, required in inquiries for status 291 

Prompt, required in congressional calls ; 289 

Appeals: 

Action in bureau on 258-260 

Chiefs of division to commissioner 238 

Claim for division of pen sion, notice of decision 252-256 

Consideration in bureau after notice of appeal 259 

Copy of decision of Secretary mailed to party 257b 

Division of pension 260 

Employees, only through chief , 239d 

Filed with the commissioner 235, 241 

Motion for reconsideration 251 

Notice to adverse parties 242 

One year, must be filed within 235 

Practice in pension and bounty land 240, 257b 

Time limit, one year 242 

To chief of board of review 238 

Two or more claims involved 251b 

Under act of March 3, 1899 252-256 

Applicant, declaration of, as to other service 147 

Application: 

Accrued pension, reference of 156 

Artificial limbs, where filed 511 

Back pay and bounty, where filed 510 

Blanks, requests for to chief clerk 55d 

Calls for record on filing 431 

Certificate of discharge, where filed 509 

Date of commencement, act May 11, 1912 447 



126 INDEX. 

Application — Continued. Section. 

Headstones for graves,' where filed 512 

If repeated, how disposed of 59c 

Increase — 

And renewal, medical testimony in 64d 

Disposition of second when first still pending 64e 

To Law Division 55a 

Appropriations, estimates: 

For bureau made by chief clerk 6 

For payment of pensions made by Finance Division 17 

Approval: 

Form of, in case applicant receiving higher rate under other laws 138 

Secretary of Interior, names to be dropped upon 155 

Approximate, date of birth may be fixed 84 

Arguments, oral, before Law Division, not permitted by attorneys 395 

Army and Navy Division: 

Communications relative to bounty land, to 54b 

Duties of 13 

Reimbursement claims, act of March 2, 1895, to r. . . 13, 55c, 162 

Army nurses: 

Act of August 5, 1892 484 

Briefing of claims 212 

Arrangement, briefing claims in different classes of cases 189-214 

Articles of agreement: 

Attorneys advised if not properly executed 392 

Claimant's acknowledgment not to be before attorney named therein 387 

Defective, fee withheld 397 

Form of 390 

To be in duplicate 389, 391 

Two witnesses required to claimant's signature 386 

Artificial limbs, applications for, where filed 511 

Assistance of Members of Congress and other officials, soliciting of, by attorneys 
subject to disbarment 360, 361 

Assistant chief clerk, duties of 7 

Attorneys 344-359 

Accrued pension, fee in 378 

Admission and recognition of 344i 346 

Advertising matter by ; 399^ 400 

And claimants to be notified in rejected claims 233 

Articles of agreement — 

Claimant's acknowledgment not to be before attorney named therein. 387 

Form of 39O 

Not properly executed, advised of 392 

To be in duplicate 339 391 

Two witnesses required to claimant's signature therein 386 

Claimant's right to revoke power of attorney 333 

Claims not to be taken out of regular order on request of, except for good 

cause 3173 

Change of guardian does not afifect status of attorney 374 

Declaration and other evidence not to be executed before 388 

Disbarred, claimant to be advised 293 

Discipline of , in charge Law Division 7 11 



INDEX. 127 

Attorneys — Continued. 

Evidence— Section. 

Called for must be humished within 90 days 379 

Execution of, not to be before attorney 500 

Referred to Law Division for opinion, properly briefed 398 

Willful withholding of, by attorney, to be reported to Secretary 375 

Expense incurred by, reimbuTBement from claimant under certain condi- 
tions 377 

Fee- 
Allowed, notice of issue only when 269 

Dependent parents 481 

Greater received than authorized, to be reported for disbarment 376 

Not allowed to guardian who prosecutes claim of ward as attorney 369 

To be paid on first issue 384 

Withheld if articles of agreement defective 897 

Fees allowed by law, table of 513 

Government employees prohibited from acting as 404 

Laches of, not to be dropped without 30 days' notice 379 

Medical examinations, notice of, and calls for evidence not to be" sent to dis- 
qualified attorneys 365 

Motions to reconsider rulings and decisions of Law Division not to be en- 
tertained 396 

Neglect to prosecute claim for one year evidence of abandonment 380 

Officers of the United States prohibited from acting 359 

Oral arguments not permitted by, before Law Division 395 

Orange colored slip, use of, prohibited by 282 

Power of attorney — 

Claimant's right to revoke 383 

Not recognized unless signed by claimant in presence two witnesses. . 358 
Prohibited — 

From transferring claims unless in good standing 356 

From using initials "U. S." or the words "United States " in title 401 

Postage, amount allowed from claimants 393, 516 

Questions for Law Division must be in writing 395 

Recognition of, only upon power of attorney 357 

Required to state names of all subagents or correspondents 371 

Rights of, vacated by execution of declaration before 499 

Sample forms of declarations to be furnished 417 

Schedule of transfers required 352 

Soliciting assistance, Members of Congress and other officials subject to 

disbarment 360, 361 

State agents to be.advised as to calls 403 

Status of, to be obtained from Law Division 347 

Suspension of, entitled to fee in claims completed prior to 362 

To be notified — 

Issue bounty land warrants 133b 

Of action of rejection 382 

To refund fee erroneously certified 402 

Transfer of — 

Consent of attorney required in 349 

In cases deceased claimants 355 

Separate slip required in each case 351 

Written consent of claimant required in 354 

76704°— 15 9 



128 INDEX. 

Attomeye — Continued. Section. 

Transfer slips referred to Law Division 394 

Title to fee not to be considered after expiration of one year from date issue 

certificate 370 

Attorneyship, transfer of , must be acknowledged under oath 350 

Auditor for Interior Department: 

Advised of refundments 150 

Checks, payment of 498 

Authors, initials of, must appear on all communications 49, 300 

Automatic increase, act of May 11, 1912 .' 80,448 

B. 

Back pay, application for, where filed 510 

Battleship Maine, pension account destruction of, not to commence prior to 

February 16, 1899 134 

Beneficial age: 

Act of May 11, 1912, claim considered upon receipt information any source, 

pensioner has reached 94 

Form of letter rejection to be used when applicant has not yet reached 92 

If reached within three months, increase act of May 11, 1912, to be con- 
sidered 90a 

To be noted in certain cases .' 88 

Benefit, disability clause, act of May 11, 1912, not to be given unless specifi- 
cally mentioned 69 

Benefits (act of Mar. 2, 1895) : To be noted on brief when given 641, 64j 

Biennial report required of guardian 264 

Bills, expenses last sickness and burial 495 

Birth: 

Approximate date of, may be fixed 84 

Date of — 

and age to appear on face brief 68d 

To be accepted on allegation if 75 years of age 85 

To be in claimant's statement before special examiner 221 

To be noted on face brief and in letter of rejection, in certain cases 88 

Of children, proof as to dates of 459 

Of pensioner, act of May 11, 1912 — 

Claimant's sworn statement aa to day and month will be accepted 91b 

When year established cumulative evidence as to year not to be 

required 91a 

Blank: 

Applications, requests for, to chief clerk 55<i 

Forms of declarations to be furnished claimants 417 

Blots prohibited in official correspondence 300 

Board of Review : 

Appeals to chief 238 

Duties of ^ 9, 155b, 218, 223 

Duties of, if applicant not reached beneficial age. .'T 88 

Increase claims to be submitted to 64a 

Personnel of, determined by commissioner 9 

Shall determine service origin, disability claims (act of May U, 1912) 98a 

Bonds, indemnifying in case of losts check 296 

Books and newspapers, reading of, prohibited 23 

Bounty, application for, where filed 510 



INDEX. 129 

Bounty land: Section. 

Appeals, practicein 240-257b 

Communications relative to, to Army and Navy Division 54b 

Warrants 132, 133 

Attorney to be notified of issue 133b 

Delivery to claimant only 132b 

Receipt required for delivery 133a 

To be delivered personally or by reguistered mail 132a 

Brief: 

Benefits of act of March 2, 1895, to be noted on, when given 641, 64] 

Rejected certificates of medical examination not to be filed in 61n 

Briefing: 

Claims, arrangement of papers in 170-214 

Evidence referred to Law Division for opinion 398 

Broken glass, disposition of 34 

Brothers and sisters, minor, dependent, proof required 477 

Building, parts of, open to visitors 27 

Bureau: 

Action in, on appeals 258-260 

Business of, not to be discussed with outside parties 32 

Census, calls upon , 100 

Not to be used as collecting agency 37 

Records, copies of, when furnished and charges for 506 

Burial, reimbursement for expenses of 157, 495 

Business: 

Conduct of 22-42 

Of bureau not to be discussed with outside parties 32 

C. 
Call slips: 

For cases, requirements as to 323, 324 

, To be signed by Chief of Reord Division if no claim on file 326 

Calling, claims as special prohibited 342 

Calls: 

Congressional, prompt answer required in 289 

For information from private institutions, if fee required 310 

For record, on filing application 431 

Not to be made on disqualified attorneys 365 

Official character of ofl5.cers, on Law Division 407 

Official, in cases, to include all evidence required 304 

Relative to payments to be made on Finance Division 163 

Upon the Census Bviesm 100 

Canceling of certificates on account death pensioner prohibited 160 

Carbon: 

Copies — 

Required of all typewritten correspondence 309 

To be filed in cases, one of latest date on top 309 

Letter of instructions in special investigations to be prepared with 50 

Card index of documents and claims arising out of War of 1812 in custody of 

Record Division 15 

Care of another person, addresses not accepted for delivery of valuable mail 216b 

Carriers oaths, rural free delivery, not authorized for general purposes. ... 408 



130 INDEX. 

Cases: Section. 

Admitted, examination of surgeons' certificates not permitted in 286 

All to pass througli clearance desks 335, 340 

Called up by Members of Congress, notification of action in 290 

Call slips for, requirements as to 323, 324 

Classes reported to the commissioner 215 

Criminal, reports of special examiners in, not to be inspected 284 

Evidence to follow 325 

Identity, special examination 220 

In field for special examination, permits ia 225 

Recalled from Congress, prompt action therein 280 

Rejected: 

Evidence in to be disposed of by face brief action 318 

Examination of surgeons' certificates not permitted in after three 

months 287 

Returned for action by committee of Congress 280 

Census, claimant to give to special examiner location in 1850 and 1860 221 

Census Binreau, calls upon •. , 100 

Certificate: 

As to service. State of Texas, Indian wars 130 

Commissioned officer in service accepted in evidence 436 

Discharge, application for, where filed 509 

Official character of officer covering date execution only, not to be detached. 406 
Certificate Division: 

Duties of 16 

Errors in certificates, correction of by .\ 271 

No change to be made in jackets except in 272 

Certificate jackets, no change in except in Certificate Division 272 

Certificate of death from Navy Department 288 

Certificates - 266-270 

Automatic increase to be showA in 80 448 

Case to be treated as special if error in 271 

Correction of errors in 271 

Disability — 

Permission to examine 288 

To be stated in 268 

Examining surgeons — • 

Copying of prohibited 285c 

Examination of not permitted in admitted or rejected cases 286-287 

Inspection of 285 

Persons permitted to examine 285b 

Rejected, not to be filed in brief gin 

File slip on issue of certificate sent to Adjucating Division 270 

Name of vessel to be given in, in Navy cases 266 

Not to be canceled account death pensioner jgO 

Official character, notaries and justices, to Law Division 405 

Presence or absence of to be noted on face brief in claims for accrued pension 159 

Reissues in lieu of lost 273 274 

To have increase under act of March 19, 1886, noted on '274 

To have increase under act of March 2, 1895, noted on 274 

Special acts, no disability to be named in 276 

To be sent to Finance Division 267 



INDEX. 131 

Certification: Section. 

Credit) ility of witnesses by officer before whom executed 502 

Interlineations and erasures, by officer before whom executed 503 

Certified copies: 

All pension laws to be ffied in Law Division 278 

Decree of divorce required 456 

Fee for furnishing , , 507 

Names, pensioners, length of service, and age 507 

Change: 

Jackets, none except in Certificate Division 271 

Name or service, any in, referred to Eecord Division 327 

Post office addresses 18 

Character, official: 

Certificate of covering date execution only not to be detached 406 

Calls for and certificates of, to Law Division 405, 407 

Charge: 

Copies of bureau records, when may be made 506 

Furnishing post-office addresses of pensioners 508 

Checks: 

Lost, correspondence in name disbursing clerk 296 

Mailing of, when constitutes payment 497, 498 

Chief clerk: 

Communications to be addressed to 295 

Divisions under supervision of 4 

Duties of 6, 55d 

May grant permission for pay 36 

Public acts from, to Law Division 278 

Requests for blank applications to 55d 

To make copies of special acts 275 

Chiefs of division: 

Appeals by, to commissioner 238 

Instructions by, to be in writing 47, 48 

To make daily and monthly reports '. 53 

Child, helpless: 

Not entitled unless disability existed prior to 16 years of age 468 

Over 16 years at soldier's death, no title 469 

Children: 

Born prior to ma'rriage, legitimate if acknowledged by father 460 

Helpless, title of, under act of June 27, 1890 468 

Proof as to dates of birth 459 

Circular letters not to be used in correspondence with departments 294 

CivU surgeons, medical examinations by 61g 

Civil War: 

Date of enlistment in volunteer organizations in 73, 74 

Service in Navy, when to be considered 76 

Service in, provisions of act of February 6, 1907 444 

Service, Regular Establishment, when not considered 75 

Civil War Division, duties of 14 

Claimant: 

Acknowledgment in articles of agreement not to be before attorney named 

therein 387 

Attorney and, to be notified in rejected claims - 233 

Declarations, blank forms furnished 417 



132 INDEX. 

Claimant — Con tin ued . 

Death of — Section. 

Claim to be rejected if no survivor to complete 161 

Special examiner to return papers 230 

Deposition of, before special examiner 221 

Fee payable by, in certain cases, and amount same 514 

Form of letter of advice as to action 139, 140 

Maximum rate for pensioned disability, medical examination not to be 

ordered 64c 

May prosecute claim in person 418 

Must sign power attorney in presence two witnesses 358 

Not to be advised by employees : 31 

Kejection if unable to furnish evidence of origin 63f 

Eight to revoke power of attorney 383 

Statement of, in invalids' or survivors' claim, special examination 221 

To be advised of disbarment of attorney 293 

Written consent required in transfers attorneys 354 

Claims: 

abandoned, practice in : 236, 237 

Account battleship Maine 134 

Accrued pension, presence or absence of certificate to be noted oh face brief. 159 
Acts of February 6, 1907, and May 11, 1912, age and date of birth to appear 

on face brief 68d 

Adjudicated under act of May 11, 1912, prior to act of March 4, 1913, not 

to be disturbed 83 

Act of May 11, 1912, declaration not required except in original claim 81 

Age, correspondence as to, by letter 68c 

Briefing of, arrangement of papers in 170-214 

Called up by Member of Congress still in office, notice of rejection to be sent. 234 

Claimant may prosecute in person 418 

Classification of, under acts of February 6, 1907, and May 11, 1912 68a 

Completed, special examiner to return 228 

Consolidation of 164-169 

Contested, time for appeal limited to 80 days 242 

Contesting, reference of, and special examination in 232 

Count of, pending. 330-343 

Disability, act of May 11, 1912— 

Medical evidence required in 96 

Medical examinations in 95 93 

Division of pension, appeal in, notice of decision 252-256 

Evidence in, not to be filed without proper consideration '. 318 

Increase 64,65 

Medical examination in 64b 

Medical examination not ordered if maximum rate for pensioned dis- 
ability g4(. 

Medical testimony in applications for renewal 64d 

Medical testimony required if pensioner receiving $17 to $24 per month . 64h 

New disability not alleged of service origin ignored 66 

Rejected claim reopened if medical examination ordered therein 64k 

Rejection of, if no examination, case of death of applicant : 641 

Second application when prior, is pending, medical evidence required. 64e 

Submission of, to Board of Review g4jj 

To be given prompt consideration 64b 



INDEX. 133 

Claims — Continued. Section. 

Invalid, military and medical history 63a 

Special examination, not to be referred unless ratable degree disability 

stown 224 

Meritorious, report on, joint resolution of May 29, 1830 281 

Minor, prosecution by next friend or guardian 467 

Minor, service of mother's former husband must be shown 229 

Mother or nurse, to Record Division, if service of husband shov.n 329 

Neglect to prosecute for one year, abandonment by attorney 380 

Not to be taken out of regular order upon attorney's request except for 

good cause 373 

Not to be called for as special 342 

Original invalid, practice in 63 

Pending, death in, to be noted 56 

Pending, definition of 331 

Probability of fraud in, reference to Law Division 222 

Reference to Record Division if change in name or service 327 

Reimbursement — 

Deduction in, of amount received from different States and District of 
Columbia 157 

To Army and Navy Division 55c, 162 

Rejected 233-235 

Rejection, 90 days allowed -attorney to file claim lor reconsideration after. 382 

Rejection when claimant unable to furnish evidence of origin 63f 

Rejection when no disability exists 63e 

Reopening of, act of May 11, 1912, prohibited if adjudicated prior to change 

in practice 78 

Disability claims rejected, act of May 11, 1912 99 

Special, rules governing 282, 283 

Subsequent to follow original to field .' 226 

To be rejected upon death of claimant if no one to cumjjiuio 161 

Transfer from attorney prohibited unless in good standing 356 

Two or more disabilities, disposition of 145, 146 

Two or more involved in, appeals 251b 

Under act of March 2, 1895, joint resolution of July 1, 1902, not applicable. 104 

Under act of March 3, 1899 105-129 

Under act of March 3, 1901, section 4715, Revised Statutes applies 67a 

Under act of February 6, 1907, or act of May 11, 1912 68-99 

Under act of May 30, 1908 130 

Under act of May 11, 1912, application of section -1701 to 77 

Under act of February 19, 1913 131 

Under different laws, election and restoration 137-144 

Under joint resolution of July 1, 1902 101-104 

Under sections 4692 and 4693, Revised Statutes, when to be referred to 

medical referee 142 

Under subsequent act to be completed if earlier in field 227 

Widows, service of former husbands, if any, must be shown 229 

Service of prior husbands, action in, if any 328 

Classification, claims under acts of February 6, 1907, and May 11, 1912 68a 

Clearance desks: 

All cases to pass through 335,340 

In the sevei;al divisions 333-338 



134 INDEX, 

Clearance Service: Section. 

Cases, how handled, where none established 343 

Establishment of 332 

Clerks, desks of, to be cleaned out first of every month. 34 

Coast Guard, no pension whQe on active or retired list 13 

Cohabitation: 

Adulterous, widow dropped account of, minors' title 466 

Notorious adulterous, no pajonent to widow as guardian if dropped from 

roll account of 265 

Widow with soldier to date of his death 457 

Colored soldiers, widows of, marriage 455 

Commencement: ' 

Date of, applications act of May 11,, 1912 447 

Date of, service prior to March 4, 1861 427 

Disability, increase, act of May 11, 1912, date of filing declaration 86 

Pension, account destruction battleship Maine not to be prior to February 

16, 1899 134 

Pension J;le service, drafted men, act of May 11, 1912 79 

Commissioned officer in service, certificate accepted 436 

Commissioner: 

Appeals to be filed with. 235, 241 

Appeals to, by chiefs of division 238 

Classes of cases to be reported to 215 

Communications to be addressed to 295 

Correspondence to be conducted in name of 296 

Divisions under supervision of 2 

Intricate questions of law or fact, to attention of 5 

Official communications of special examiners to l,e addressed to 39 

Personnel board of review determined by 9 

Requests for special examination to be approved by 218c 

Signature of, by means of stamp 51 

Signature, facsimile, stamped in division 316a 

Committees of Congress, case returned for action by 280 

Communications : 

Address in, to be at the beginning 297 

Addressed to commissioner, deputy commissioner, or chief clerk 295 

Alleging violation of law or fraud, to Law Division 54a 

All, to Mail and Supplies Division for 'stamping date of receipt 59b 

Confidential, and reports of special examiners in criminal cases not to be 

inspected 284 

Date of receipt not required to be given 301 

Initials of authors of, must appear on 49 

Official 49-57 

Of special examiners, addressed to Commissioner of Pensions 39 

To be initialed personally by author : 300 

Reference of 54a-54d 

Relative to bounty land, to Army and Navy Division 54b 

Without sufficient data to be returned 43a 

Completed claims: 

Fee, attorney entitled to, if completed prior to suspension 362 

Special examiner to return 228 

Completion, claim under subsequent act if earlier claim in field 227 



INDEX. 135 

Comrades: Section. 

Names and addresses of 320 

Presence or absence of, if testimony before special examiner 231 

Conduct of business 22-42 

Confidential communications and reports of special examiners in criminal cases 

not to be inspected 284 

Congress: 

Cases recalled from, prompt action in 280 

Cases transmitted to, by Law Division 11 

Committees of, case returned for action by 280 

Members of — 

Soliciting assistance of, by attorneys, subject to disbarment 360, 361 

To be notified of rejection if still in office and claim called up by 234 

Congressional calls, prompt answer required in 289 

Consent: 

Of attorney of record required in transfer 349 

Written, of claimant, required in transfers of attorneys 354 

Oonsidsration: 

Of appeal in bureau after notice of 259 

Proper, to be given evidence in claims before filing 318 

Consolidation: 

Cross reference and recording in Record Division of all claims 328 

Of claims 164-169 

Subsequent claim to be forwarded when original claim in field 226 

"Construed," meaning of, as used in section 4701, Revised Statutes 77 

Consular ofiicers, correspondence with, to be through State Department 313 

Contested claims, time for appeal limited to 30 days 242 

Contesting claims, reference of and special examination in 232 

Continuance, testimony of each physician required 439 

Copies: 

Bureau records, when furnished, and charges for 506 

Carbon — 

Required of all typewritten correspondenca 309 

To be filed in cases, one of latest date on top 309 

Certified — 

Fee for furnishing 507 

Of all pension laws to be filed in Law Division 278 

Of names of pensioners, length of service and age 507 

Of decree of divorce required 456 

Decision of Secretary to be mailed party in interest 257b 

Duplicate, of correspondence with District of jColumbia to be inclosed . . . 311 

Furnished by Law Division under act of August 24, 1912 11 

Return of, by Law Division 11 

Special acts to be made by chief clerk 275 

Copying examining surgeons ' certificates prohibited 285c 

Correction: 

Errors in certificates 271 

Return of imperfectly executed documents for 409 

Correspondence 289-316 

Abbreviations, interUneations, blots, or erasures prohibited 300 

Addresses inmates soldiers ' homes to contain service 299 

Address in communications to be at the beginning 297 



136 INDEX. 

Correspondence — Continued. Secstion. 

Alias not to be used in addresses 298 

Carbon copies of, to be filed in cases, UlcoI o.^^; on loji 309 

Carbon copies required of all tj^ewritten correspondence 309 

Circular letters not to be used in, with departments 294 

Communications to be addressed to commiaaioner, deputy commissioner, 

or chief clerk 295 

Date of receipt not required to 1 e given in official communications 301 

Erasures, interlineations, and underscoring not allowed 294 

Expressions used in office parlance not to be used in 292 

Facsimile stamps, charge of, to certain persons 316b 

Foreign coimtries, expense involved, through special examination division. 314 

Indefinite declarations, by Law Division 60b 

Information, calls for, from private institutions if fee required 310 

Inquiries addressed to employees to be referred to proper official 295 

Inquiry through chief of special examination division 310 

Lost checks and addresses of pensioners to be in name of disbursing clerk . . . 296 

Mail for foreign countries to Mail and Supplies Division for postage 308 

Official calls in cases to include all evidence required 304 

Official communications initialed personally by author 300 

Postage stamps to be returned 315 

Received by reference of Secretary, to be replied to through his office 306 

Registered mail, name of county to be given in address 302 

Signature, facsimile, of commissioner, stamped in division 316a 

Spacing of official letters 303 

To be conducted in name of commissioner 296 

Unfailing courtesy to be observed in 307 

With consular officers, through State Departmeii t 313 

District Government, duplicate copy to be inclosed 311 

Examining surgeons, in name medical referee 296 

United States military or naval home, to be addressed to official head . 312 

Correspondents, attorneys required to state names of all 371 

Count, of pending claims 330-343 

Countries, foreign, correspondence -n-ith, to be through Special Examination 

Division if expense involved 3x4 

County, name of, to be given in address, registered mail 302 

Courtesy, unfailing, to be used in official correspondence 307 

Credibility of witnesses : , 321 502 

Criminal cases, reports of special examiners in, not to be inspected 284 

Cross reference, all connected claims to Record Division for proper 228 229 

D. 

Daily reports, chiefs of division to make 53^ 

Data, sufficient, communications without, to be returned 43a 

Date: 

Actof May 11, 1912, commencement, increase for disability, date filingdecla- 

ration an 

Birth— 

Accepted after arriving at 75 years g5 

Approximate date may be fixed 04 

Children, proof as to 450 

To be accepted on allegation if 75 years of age 85 

To be contained in claimant's statement before special examiner 221 

To be noted on face brief and in letter of rejection, certain cases 88 



INDEX. 137 

Date — Continued . 

Commencement — Section. 

Applications, actof May 11, 1912 447 

Of pension, service prior to March 4, 18G1 427 

Declarations and evidence to Mail and Supplies Division for stamping 

date of receipt 59b 

Enlistment, volunteer organizations. Civil War 73 

Execution of declaration when on day of muster out 58 

Marriage in claims act of June 27, 1890, and April 19, 1908 462 

Medical examination to be given in index sheets 219 

Receipt not required to be given in official communications 301 

Death : 

Canceling certificates account of, prohibited in case no payment 160 

Due to service prior to March 4, 1861, law relative thereto and date com- 
mencement pension ; 427 

• In pending original claims to be noted 56 

Increase, rejection of, if no medical examination 641 

Of claimant — 

Claim to be rejected if no survivor to complete 161 

Special examiner to return papers in case of 230 

Of employees to be reported 45 

Of pensioners, reported to Knance Division 54d, 55a 

Presumption of, actof March 13, 1896 463 

Debts, bureau not collecting agency, and employees not to contract on strength 

of official position 37 

Decision: 

Notice of, claim for division of pension, appeals 252-256 

Secretary, copy of, to be mailed party in interest 257b 

Declaration: 

Accrued pension, formal, not necessary 156, 496 

Act of May 11, 1912, not required on account of age except in original claim . 81 

All to Mail and Supplies Division for date of filing stamp 59b 

Blank forms to be furnished claimants 417 

Execution of 416 

Before attorney vacates rights of 499 

If on date of muster out 58 

Failing to mention disability, how considered 69 

For increase 449 

For renewal, failure to claim 482 

If repeated, how acted upon 59c 

Imperfectly executed, to be returned for correction 409 

Indefinite, correspondence in by Law Division 60b 

New disability, requirements as to 59a 

Not to be executed before attorney 388 

Of applicant as to other service 147 

Recording of, under proper law 52 

Sample forms to be furnished attorneys 417 

Section 4719, Revised Statutes, requirements in claims for restoration 482 

Signature of applicant to be witnessed by two persons 430 

Special acts, required if no claim on file 279 

Statement "no other service " to be accepted in, as prima facie 147 

Under sections 4692 and 4693, Revised Statutes 428-430 

Under section 4693, Revised Statutes, all disabilities contracted in service 

to be named therein 429 



138 INDEX. 

Declaration— Continued. Sectton. 

U. S. S. Maine, when valid 134 

Validity and sufficiency of, to be passed upon by Law Division 55a, 60a 

Widow under act of June 27, 1890, to be accepted as under act of April 19, 

1908 60c 

Decree of divorce, certified copy of, required 456 

Deduction: 

Account of furlough and absence without leave 72 

Claims for reimbursement, of amount received from different States and 

District of Columbia 157 

Time while in hospital or absence account of self-inflicted wounds 72 

Definitions: 

General 1 

"Line of duty" 434 

Pending claims , 331 

Delivery: 

Bounty land warrants, — 

Personally or by registered mial 132a 

To claimants only 132b 

Receipt for required, bounty land warrants 133a 

Valuable mail, addresses care another person not accepted for 216b 

Department of State, correspondence with consular officers to be through 313 

Departments, correspondence with, circular letters not to be used in 294 

Dependence: 

Father 476 

Minor brothers and slsteri 477 

Mother 172-475 

Parents, section 4707, Revised Statutes, as amended by act of June 27, 1890. 479 
Dependent: 

Brother's and sister's claims, briefing of 208 

Claims generally, briefing of 209 

Claims — 

Father, briefing of 207 

Mother, briefing of 206 

Father 476 

Minor brothers and sisters, proof required 477 

Mothers, requirements in claims of 471-475 

Parents — 

Fees of attorneys 481 

Present dependence only, section 4707, Revised Statutes, as amended 

by act of June 27, 1890 479 

Rank governs rate 480 

Section 4707, Revised Statutes, amended by act of June 27, 1890, as to. 479 

Relatives, title of, under section 4707, Revised Statutes 470 

Depositing, of refundments with Treasurer of United States 150 

Deputy Commissioner: 

Communications to be addressed to 295 

Divisions under supervision of 3 

Desks: 

Clearance — 

All cases to pass through 335 349 

In the several divisions 333-338 

Clerks to clean out, first of every month 34 

Inspection of, by chiefs 34 

To be neat and orderly 24 



INDEX. 139 

Section. 
Destruction, battleship Maine, commencement pension account of, not prior to 

February 16, 1899 134 

Details, all to be given by witnesses in testimony 502 

Determination, question of marriage and divorce 239 

Disability: 

Act May 11, 1912— 

Further consideration of, if purpose claimed 70 

Medical evidence required in 96 

Medical examinations in : 95, 98 

Reopening of rejected claims 99 

All contracted in service to be named in declarations under section 4693, 

Revised Statutes 429 

All found to be covered by medical examination 61k 

Certificates of, permission to examine 288 

Clause, act of May 11, 1912, benefit of, not to be given unless specifically 

mentioned 69 

Continuance of, testimony of each physician required 439 

Date pensionable ceased to govern date of dropping 155b 

Disease, medical evidence required 437 

Due to service prior to March 4, 1861, law relative thereto and date com- 
mencement pension 427 

Evidence as to origin, if testimony of surgeon or officer not available 438 

Helpless child, existence of prior to 16 years of age necessary to title 468 

If no record, proof required in 433 

Increase for, when to begin under act of May 11, 1912 86 

Incurred in service, act May 11, 1912 446 

New— 

In increase claims, not alleged of service origin to be ignored 66 

Requirements as to, in declaration ; 59a 

When not coneidered 66. 67 

None to be named in certificates under special acts 276 

Question as to ratable, to medical referee. 63c 

Ratable- 
Degree of, shown, invalid claims not to be referred for special exam- 
ination unless 224 

Rejection if not 611 

Rejection — 

If origin not in service 63b 

When no disability exists 63e 

To be stated in certificates issued under general law 268 

Two or more, disposition of claims for 145, 146 

When not necessarily permanent, to be noted for further medical exam- 
ination 61o 

Wounds or injury, nature of evidence required 435 

Disbarment: 

Attorney to be reported with view to, if greater fee received than author- 
ized 376 

Of attorney, claimant to be advised » 293 

Of attorneys, soliciting assistance of Members of Congress and other officials, 

subject to 360, 361 

Disbarred attorneys, calls for evidence and notice of medical examination not 

to be sent to 365 

Disbursing clerk, correspondence as to lost checks and addresses of pensioners 

to be in name of 296 



140 INDEX. 

Section. 

Disburfdng Division, duties of 18 

Diechai^e, certificate, application for, where filed 509 

Discipline 22,42 

Discussion of business of bureau with outside parties forbidden 32 

Disease, disability from, medical evidence required 437 

Disloyalty removal of limitations as to 1 01, 443 

Disposition of claims for two or more disabilities 145, 146 

Distribution of messenger force 41 

District of Columbia, correspondence with, duplicate copy to be inclosed 311 

Division: 

Chiefs of — ■ 

Appeals by, to comniisBioner 238 

To make daily and monthly reports 53a 

Name of, required in indorsements on jackets 317 

Division of pension 105-129 

Appeals in, action by Law Division , 260 

■ Briefing claims, helpless and minor children 214 

Briefing claims, wife. . , 213 

Claim for, appeal in, notice of decision 252-256 

Divisions: 

Under supervision of — 

Chief clerk 4 

Commissioner 2 

Deputy Commissioner 3 

Functions of 9-21 

Divorce: 

Certified copy of decree required 456 

Evidence as to 457 

Question of, by whom determined. .. . , 239 

Documents: 

All to be sent to Mail and Supplies Division 59b 

Imperfectly executed, to be returned for correction 409 

Second, how disposed of 59c 

Drafted men, commencement of pensionable service, act of May 11, 1912 79 

Drafts, or post-office money orders, refundments and recoveries to be by 149 

Dropping: 

Act of December 21, 1893 485 

Cases after, to be sent direct from Finance Division to adjudicating division 

if claim pending : 341 

Date disability ceased to govern 155b 

From roll, widow, account notorious adulterous cohabitation, no payment 

to as guardian 265 

Name account failure to claim, section 4719, Revised Statutes.'. 482 

Notice of, requirements as to., 155, 485, 486 

Of attorneys on accoifnt of laches, not to be without 30 days' notice 379 

Of names from roll upon approval of Secretary 155 

Of widow account adulterious cohabitation, minors' title 460 

Reimbursement claim, case to Finance Division for 162 

Duplicate: 

Certificate, now called reissue, in lieu of lost 273 

Copy of correspondence with District of Columbia to be inclosed 311 



INDEX. 141 

Duties of: „ », 

Section. 

Abandoned files 21 

Admitted files 20 

Army and Navy Division 13 

Assistant chief clerk 7 

Board of Review 9 

Certificate Division Ig 

Chief clerk 6 

Civil War Division 14 

Disbursing Division 18 

Finance Division 17 

Law clerk g 

Law Division H 

Mail and Supplies Division 19 

Medical Division 10 

Messengers 42 

Record Division 15 

Special Examination Divisinn 12 

Duty, line of 136 

Definition of 434 

Record of treatment of injury in service not sufiicient to show 441 

E. 

Election: 

Claims under different laws 137-144 

Right of 67b, 93 

When pensioner entitled to 144 

Employees: 

Appeal through chief only 239d 

Death of, to be reported 45 

Government, prohibited from acting as attorneys 404 

Inquiries addressed to, to be referred to proper official 295 

Not admitted before 8.30 or after 4.30 24 

Not to advise claimants 31 

Not to contract debts on strength of official position 37 

Only, to be entrusted with papers from files 30 

Payment of 36 

Prohibited from giving out information 28, 32 

Solicitation of money, political purposes, prohibited 40 

Superfluous force must be reported to chief clerk 23 

Enclosure: 

Correspondence with District of Columbia, duplicate copy of 311 

May be returned through Law Division 319 

Endorsements on jackets: 

Initials, date, and division required 317 

To be clear 317 

Enlistments, volunteer organizations. Civil War, date, of 73 

Entertaining visitors prohibited in court and corrid or.'i 23 

Envelope, penalty not to be furnished '. 43a 

Erasures: 

Certified to by officer 503 

Interlineations and underscoring hot allowed in correspondence 294 

Prohibited in correspondence 300 

Prohibited on face brief 178 



142 INDEX. 

_ Section. 

Error: . 271 

In certificate, correction of, case to be treated as special ^' 

In certificate jacket, correction of by Certificate Division only ^7- 

Errors, face brief, charged to examiner 

Establisbment: 

Clearance service 

Begular 

Estlmatea, appropriations for: 

Bureau 

17 
Payment of pensions 

Evidence: 

Abstract of furnished by Law Division 11 

All required to be included in official calls in cases 304 

As to divorce -_• •_ 

Briefed properly if referred to Law Division for opinion 398 

Called for must be furnished within 90 days 379 

Calls for, not to be made on disqualified attorneys 365 

Commissioned officer still in service, certificate accepted 436 

Cumulative not required ^l 

Date of birth of children, order of value 459 

Execution of before officer who is attorney not considered 500 

Guardianship, Finance Division to obtain 261 

Imperfectly executed, to be returned for correction 409 

In rejected cases to be disposed of by face brief action 318 

Medical, required in disability claims act of May 11, 1912 96 

Marriage, order of value 453 

Medical, required in disability from disease 437 

Nature of required in claims disability from wounds or injury 435 

Not to be executed before attorney 388 

Not to be filed in claims without proper consideration 318 

Origin, claimant unable to furnish, claim to be rejected 63f 

Receiving stamp of Mail and Supplies Division required on all 59b 

To follow case 325 

Wilful withholding by attorney to be reported to Secretary 375 

Witnesses to state whether interested in prosecution of claim 501 

Examination: 

Certificates of disability, permission for 288 

Examining surgeon's certificates not permitted in admitted cases 286 

Examination, special: 

And reference, contesting claims 232 

Cases in field for, permits in 225 

Claim under subsequent act to be completed if earlier claim in field 227 

Claimant's statement in invalids' or survivors' claims 221 

Identity cases 220 

In4ex sheets to be prepared in Special Examination Division 219 

Invalid claims not to be referred unless ratable degree disability shown... 224 
Marital history to be contained in claimant's statement before special ex- 
aminer 221 

Medical questions, instructions for by medical referee 61j 

Reports of special examiners as to fraud, to Law Division 223 

Bequests for, by whom made 218a, 218b 

Requests for, to be approved by commissioner 218c 

When original claim in field for, subsequent claim to be forwarded for 

consolidation 226 



INDEX. 143 

Section. 

Examinations, medical 61a-71c 

Act of May 11, 1912, disability claims 95, 98 

Care to be observed not to order unless ac tually required 61e 

Civil surgeons 61g 

Date of to be given in index sheets 219 

Home examinations — 

Order to be revoked in case death of applicant 61h 

Inability to report before board 61m 

In claims for increase 64b 

Not to be made by medical referee or bureau surgeon 61d 

Not to be ordered if claimant in receipt maximum rate for pensioned dis- 
ability 64c 

Not to be ordered until medical testimony considered by medical referee. 64g 

Order for reopens rejected increase claim 64k 

Order not to issue for new disability until legally approved 61f 

Order of in rejected cases 611 

Ordered in Medical Division 61b 

Orders for not to be issued in certain cases 97 

Report to be obtained from War or Navy Department before ordering 61a 

Surgeons' certificates not permitted in rejected cases after three months.. 287 

Test examination 61i 

Testimony — ■ 

Medical, required in certain cases before ordering 64f 

Medical, required in second application for increase when prior is 

pending 64e 

To cover all disabilities found 61k 

Examiner, special: 

OflBcial communications of, addressed to Commissioner of Pensions 39 

Presence or absence of comrades, case not to be returned on review for, if 

testimony before 231 

Reports of, in criminal cases not to be inspected 284 

Subpoena 57 

To retiirn completed claims 228 

To return papers in case death claimant 230 

Examining surgeons: 
Certificates — ■ 

Copying of prohibited 285c 

Examination of, not permitted in rejected cases after three months or 

in admitted cases 286, 287 

Persons permitted to examine 285b 

Correspondence with, in name medical referee 296 

Inspection of certificates of 285 

Testimony of ^2 

Execution: 

Affidavits •- 416 

Articles of agreement, not proper attorney advised 392 

Declaration before attorney vacates right of 499 

If on date of muster out 58 

Declarations ^^° 

Evidence before officer who is attorney not considered 500 

76704°— 15 10 



144 INDEX. 

Expense: Section. 

Incurred by attorney, reimbursement from claimant, when allowed 377 

Involved in correspondence with foreign countries, through Special Exami- 
nation Division 314 

Last sickness and burial, bUls for 157, 495 

Expressions used in office parlance not to be used in official correspondence 292 

F. 

Face brief: 

Act May 11, 1912, when reopened 99 

Action, evidence in rejected cases to be disposed of by 318 

Age and date of birth on, imder acts February 6, 1907 and May 11, 1912. . 68d 

Cancellation of 187 

Date of birth on, and in letter of rejection in certain cases 88 

Examiner and reviewer must check all entries on 182 

Guardian, name of to appear 262 

Name of vessel to be entered on 266 

Removal of, prohibited 186 

Separate, required for each claim submitted 181 

Fact, mistake of, recovery on account of 154, 488 

Failure to claim: 

Declaration for renewal 482 

Renewal if dropped account of 450 

Facsimile: 

Signature of commissioner stamped in division 316a 

Stamps, charge of to certain persons 316b 

Father, dependent, proof required 476 

Fee: 

Accrued pension IGO, 378 

Amount and when payable by claimants 514 

Attorneys' , table of 513 

Cases in which none allowed 515 

Certified copies 507 

Claims of dependent parents 481 

Erroneously certified, to be refunded 402 

Full, to be paid on first issue 384 

Greater than authorized, to be reported for disbarment 376 

Not allowed guardians who prosecute claims of wards as attorneys 369 

Notice of issue to claimants only when allowed 269 

Required in calls for information from private institutions 310 

Suspended attorney entitled to, in claims completed prior to suspension . . . 362 
Title to, attorney, not to be considered after one year from date issue 

certificate 370 

Withheld if articles of agreement defective 397 

Fees, attorneys, table of 513 

Female clerks not admitted to fourth floor 26 

Field: 

Cases in for special examination, permits in 225 

Original claim in for special examination, subsequent claims to be tor- 
warded for consolidation 226 

File slips, on issue ofcertificates sent to adjudicating divisions 270 

Files, papers from, entrusted to employees only 3q 

Filing: 

Appeals ■-■-■-. 235 

Carbon copies in cases, latest one on top 309 

Evidence, not without proper consideration 3^8 



INDEX. 145 

Tw 1 J- ji- . Section. 

J<inal, adjudication, when reached 137 

Finanee Division: 

Administrative examination made in 17 

Calls relative to payments to be made on 163 

Cases from, to be sent direct to adjudicating division if claim pending 341 

Certificates to be sent to 267 

I>"tiesof .'.'.'.'..'.'.'.'.'.' n,ieo 

GuaJdianship cases, evidence of appointment obtained and certificate of 

payment to, by 261, 265 

Notice of dropping prepared in 155 

Refundments to be forwarded to 150 

Requisitions on Treasurer of the United States, made in 17 

To obtain evidence of guardianship 261 

Vouchers, preparation of , in 17 

First payments, $500 or more, to commissioner 5 

Force, messenger, distribution of '. 41 

Foreign countries: 

Correspondence with, if expense involved, through Special Examination 

Division 314 

Mail for, to Mail and Supplies Division for postage 308 

Form, genera], of official letters 303 

Former: 

Husbands, service of if any must be shown in widows' claims 229,-328, 329 

Wife, minors by, increase account of payable to widow 461 

Forms: 

Approval, applicant receiving higher rate under other laws 138 

Articles of agreement .- 390 

Blank, of declarations, to be furnished claimants 417 

Letter advising claimant as to action 139, 140 

Letter, if rejected because claimant receives same or greater rate 93 

Letter of rejection when applicant not reached beneficial age 92 

Sample, of declarations, to be furnished attorneys 417 

Fourth-class postmasters, not authorized to administer oaths for general pur- 
poses 408 

Fourth floor, female clerks not to be admitted to 26 

Fraud: 

Accrued pension not payable in case of 154 

Communications alleging or violation of law, to Law Division 43b, 54a 

Names dropped upon approval by Secretary 155 

Probability of, jn claims, reference to Law Division 222 

Recovery on account of 488 

Reports of special examiners as to, to Law Division 223 

Friend, next, of minors, prosecution of claim by 467 

Functions of divisions 9-21 

Furlough, time of, not to be deducted if returned from 72 

Future: 

Increase on account of age, act of May 11, 1912, to be shown in certificates. 80 

Rights, pensioner to be advised of, when claim rejected account age 91c 

G. 
General delivery: 

Not accepted unless no other address available 216a 

When may be accepted 217 



146 INDEX. 

Section. 

General law, oflBcers under, rates for 414 

Glass, broken, disposition of 34 

Government Hospital for the Insane, pensions of inmates 489-492 

Graves, headstones for, application for, where filed 512 

Greater rate, claims (act of May 11, 1912), rejected if applicant pensioned at, 

other laws 87 

Guardian: 

Change of, does not affect status of attorney .'. 374 

Minors — 

Payment only to 467 

Prosecution of claim by 467 

Name on face brief 262 

Payment to be made to 263 

Widow as, no payment to if dropped under act of August 7, 1882 265 

Who prosecutes claim of ward as attorney, fee not allowed to 369 

Guardianship '. , 261-265 

Biennial report required 264 

Letters called for in Finance Division and not in adjudicating divisions. . . 261 

H. 

Handwriting: , 

Signature, tracing of, for comparison with in identity cases 322 

Witness, affidavit of surgeon or physician to be in 504 

Headstones, graves, applications for, where filed 512 

Helpless children: 

Briefing of claims for 205 

Increase for not to be allowed in special acts of widows unless provided for. . 65 

Not entitled unless disability existed prior to 16 years of age 468 

Over 16 years of age at soldier's death, no title 469 

Title of under act of June 27, 1890 468 

Higher rate: 

Form of notice in case of 140 

If in receipt of under other law, claim under act of May 11 , 1912, should 

be rejected 87 

To be given if information warrants under act of May 11, 1912 94 

Under other laws, form of approval in case applicant receiving 138 

History: 

Marital, to be in claimant's statement before special examiner 221 

Military-medical, invalid claims 63a 

Home examinations, medical 61h 

Home, United States military or naval, correspondence to be addressed to 

official head 312 

Honorable discharge, act of July 1, 1902 443 

Hours: 

Admission of employees 24 

Work 22 

Husband: 

Former, service of mxist be shown, if any, claims of widows 229 

If a pensioner widow not required to show other service 148 

I. 

Identity. 322 

Special examination as to 220 

Imprisonment, payment of invalid pensions to wife in case of (a«t Aug, 8, 1882) . , 493 



INDEX, 147 

Act of Mar. 19, 1886, to be noted on reissue certificates 274 

Act of Mar. 2, 1895, to be noted on reissue certificates 274 

Act of May 11, 1912— 

Considered if beneficial age reached within three months 90a 

Considered receipt information any source pensioner reached beneficial 

age 94 

If not entitled within three months, memorandum to be kept 90b 

To be considered upon request from pensioner 89a 

Applications direct from Law Division to adjudicating divisions 55b 

Prompt consideration of 64b 

Automatic (act of May 11, 1912) 448 

Briefing of claims for 194, 195 

Declarations for 449 

Disability, to commence from date of filing declaration under act of May 11, 

1912 86 

Indian wars survivors (act of Feb. 19, 1913) 131 

Medical examination in claims for 64b 

Not ordered if in receipt maximum rate ^ . 64c 

Medical testimony in applications for renewal 64d 

Required if pensioner receiving $17 to $24 64h 

Minor and helpless children, not to be allowed in special acts of widows 

unless provided for 65 

New disability not alleged of service origin, to be ignored 66 

No examination, case of death of applicant, case rejected 641 

On account of age, future (act of May 11, 1912) 80 

Rejected claim reopened if medical examination ordered therein 64k 

Renewal and, under sections 4692 and 4693, Revised Statutes 143 

Second filed before prior one disposed of 64e 

Submission of to board of review 64a 

Incurrence: 

Death or disability prior to Mar. 4, 1861, law relative thereto and dj.te 

commencement of pension 427 

Disability in service (act of May 11, 1912) 446 

Index sheets: 

Prepared in Special Examination Division 12, 219, 226 

To contain date of medical examination 219 

Indian soldiers, wido^rt, marriage 455 

Indian wars: 

Briefing claims account of 211 

Certificate as to service. State of Texas 130 

Service, pensions accoimt of 421-423 

Survivors, increase to $20 131 

Indorsements. (See Endorsements.) 
Information: 

Calls for from private institutions, if fee required 310 

Employees prohibited from giving out 28 

For press 28 

Initials: 

And date in indorsements on jackets, required 317 

Authors, must appear on all communications from bureau 49, 300 

Injuries: 

Disability from, nature of evidence required 435 

Line of duty, record of treatment not suflBcient .- 441 



148 INDEX. 

Inmates: Section. 

Government Hospital for Insane, pensions of 489-492 

Soldiers' Home, addresses to contain service 299 

Inquiries: 

Addressed to employees, referred to proper official 295 

Prompt answers required in 289, 291 

Without data, to be returned 43a 

Insane: 

Government Hospital for, pensions of inmates of 489-492 

Invalid pensioner, payment to wife 493 

Inspection: 

Confidential communications and reports, special examinjers in criminal 

cases, prohibited 284 

Examining surgeons' certificates 285 

Papers 284-288 

Institutions, private, calls for information from, it fee required 310 

Instructions: 

Chiefs of division, to be in writing 47, 48 

Letter of, in special investigations, to be prepared with carbon 50 

Special examination of medical questions, by medical referee 61j 

Interest, in prosecution of claim, witnesses to state 501 

Interior, Secretary of, names dropped from roll upon approval of 155 

Interlineations: 

Certified to by officer 503 

Erasures and underscoring not allowed in correspondence 294, 300 

Intricate questions of law to attention of commissioner 5 

Invalid claims: 

Military and medical history 63a 

Original, practice in 63 

Special examination, not referred unless ratable degree disability 224 

Invalid pensioner, insane, payment to wife 493 

Investigations, special, letter of instructions to be prepared with carbon 50 

Issuance, of supplies 44 

Issues: 

Notice of given claimants only when fee allowed 269 

Ordinal or reissue 68al, all 

J. 

Jackets and endorsements 317 

Jackets: 

Certificate, no change in except in Certificate Division 272 

Endorsements, date, initials, and division required 317 

on to be clear 317 

Mutilated, to be replaced by new 317 

Joint resolution of May 29, 1830: Meritorious cases not allowable under law, 

referred to Congress 281a 

Joint resolution of July 1, 1902: 

Amending act of June 27, 1890, honorable discharge 443 

Applicable widows' claims under acts of June 27, 1890, and April 19, 1908 . 464 

Claims under , 101-104 

Joint resolution of June 28, 1906, amending act of June 27, 1890 443 

Justices and notaries 405-408 

Calls for information as to official character of officers to be on Law Division 407 
Certificates of official character of officer covering date execution only, not 

to be detached 4Qg 



INDEX. 149 

I". Section. 

Laches, attorneys dropped account of 379 

Land, bounty, communications aa to, to Army and Navy Division 54b 

Last sickness and burial, feimbursement 495 

Law: 

Authorizing leaves of absence 415 

Certified copies all pension, filed in Law Division 278 

Declaration, recording under proper 52 

Intricate questions of, to Commissioner 5 

Law clerk, duties of g 

Law Division: 

Abstracts of evidence furnished by 11 

Act of March 3, 1899, division of pension, under j 11 

Application 1 for increase, direct from, to adjudicating division 55b 

Certified copies all pension laws, filed in 278 

Communications as to fraud or violation of law to 43b, 54a 

Contesting claims, reference of , to 232 

Criminal matters, and recovery by civil action, charge of 11 

Declarations, defective, doubtful, or indefinite, correspondence as to, by. . 60b 

Division of pension in charge of 11 

Duties of 11, 156, 162, 218, 280 

Execution of documents, imperfect to 409 

Keep record of official character and signature of officers 11 

Official character, notaries and justices, calls for, on 405-407 

Oral arguments before, by attorneys, not permitted 395 

Original applications from, to Record Division 55a 

Public acts promulgated by 278 

Reference of special acts to 275 

Reference to, claims probability of fraud in 222 

Reports of special examiners as to fraud, to 223 

Return of papers through 319 

Status of attorneys obtained from 347 

Validity and sufficiency of declarations passed upon by 11, 55a, 60a 

Leaves of absence, laws and rules governing 415 

L^ality, marriage accordii^ to locality 454 

Legislation, prospective, or proposed, report on by Law Division 11 

Legitimacy, children born prior to marriage 460 

Length of service: 

Act of May 11, 1912, deductions : 72 

Time in hospital or absence account self-inflicted wound to be deducted. . 72 
Letters: 

Alleging fraud, to Law Division 43b 

Circular, not to be used in corresponding with departments 294 

Form of, advising claimant as to action ,. 139, 140 

Guardianship, not called for in adjudicating divisions 261 

Instructions in special investigations prepared with carbon 50 

Official, general form of 303 

Official, spacing of 303 

Rejection, form used when applicant not reached beneficial age 92 

Litrary, history of organization from, in identity cases for special examination. 220 

Limbs, artificial, applications for, where filed - 511 

Limit, time for appeal, 30 days in contested claims 242 

Limitation, as to disloyalty, removal of 443 



1 50 INDEX. 

Line of duty: Section. 

Definition of 434 

Presumption of 136 

Record of treatment of injuries in service not sufficient to show 441 

Locality, legality of marriage according to 454 

Loitering, prohibited 23 

Lost certificates, reissues in lieu of 273, 274 

Lost checks, correspondence as to, to be in name disbursing clerk 296 

Loyal States, date of enlistments in 74 

Lunches, refuse from, disposition of 34 

Lunch hour 22 

M. 

Machines, typewriting: 

To be reported to Mail and Supplies Division 46a 

Transfer of 46b 

Mail: 

Foreign, to Mail and Supplies Division for postage 308 

Registered, name of county to be given in address 302 

Valuable, addresses care another person not accepted 216b 

Mail and Supplies Division: 

Calls for marriage circular thereon, on Form 3-416 43c 

Duties of 19, 43a, 44, 46 

To receive and stam.p all papers 59b 

Mailing check, when constitutes payment 497, 498 

Maine, battleship, pension account destruction of, not to commence prior to 

February 16, 1899. 134 

Marital history, claimant's statement before special examiner to include 221 

Marriage: 

Children born prior to, legitimate if acknowledged by father 460 

Date of, in claims act of June 27, 1890, and April 19, 1908 462 

Divorce, guardianship, and, under charge of Law Division 11 

Evidence, order of value 453 

L^ality of, according to locality 454 

Prior, proof as to 456 

Proof of 453 

Question of, by whom determined 239 

Subsequent to March 3, 1899 458 

Widows, colored, and Indian soldiers, section 4705, Revised Statutes 455 

Widows prior to June 27, 1890 462 

Marriage circular, calls for, on Mail and Supplies Division on Form 3^16 43c 

Maximum, rate, medical examination not to be ordered if 64c 

Meaning, "construed " as used in section 4701, Revised Statutes 77 

Medical Division: 

Duties of 10,155b 

Orders medical examinations issued in 61b, 63b 

Medical: 

Evidence — 

Required in disability claims, act May 11, 1912 96 

Required in disability from disease 437 

Testimony — 

In applications for renewal and increase 64d 

Required in certain cases before ordering examination 64f 

Required in increase claims if pensioner receiving $17 to $24 64h 

To be considered by medical referee before ordering examination 64g 



INDEX. 151 

Section. 

Medical examination 61 

Care observed not to order, unless required 61c 

Civil surgeons 61g 

Date of, to be given in index sheets 219 

Disability — 

Act May 11, 1912 95,98 

When not necessarily permanent, to be noted for another 61o 

Home examination, order canceled if claimant dies before 61h 

Inability to report before board 61m 

In claims for increase 64b 

Not ordered if maximum rate 64c 

Not to be made by medical referee or bureau surgeon 61d 

Notice of, and calls for evidence, not to be sent to disqualified attorneys. . 365 

Order for, reopens rejected claim for increase 64k 

Order not to issue for new disability until legally approved 61f 

Orders for, in Medical Division 61b 

Orders for, in rejected cases 611 

Orders for, not to be issued in certain cases 97 

Rejected certificates of, not to be filed in brief 61n 

Report War or Navy Department obtained before ordering 61a 

Second, order for, before different board 61c 

Test examination 61i 

To cover all disabilities found 61k 

Medical questions, instructions for special examination > f, by medical referee. . . 61j 

Medical referee: 

Action on face brief in reopening rejected cases 183, 184 

Consideration of medical testimony by, before medical examination 

ordered 64g 

Correspondence with examining surgeons to be in name of 296 

Duties of 10, 155b, 218 

Instructions for special examination of medical questions by 61j 

Or bureau surgeon, medical examination not to be made by 61d 

Question as to ratable disability, to 63c 

Ratable degree of disability determined by, in invalid cases before special 

examination 224 

When claims under sections 4692 and 4693, Revised Statutes, to be re- 
ferred to 142 

Medical survey, not open to inspection 288 

Member of Congress: 

Name on face brief ■ 179, 183c 

Notification of action only in cases called up by 290 

Notified rejection if still in office and claim called up by 234 

Prompt answer required in calls by 289 

Soliciting assistance of, by attorneys subject to disbarment 360, 361 

Memorandum to be kept, if claimant act May 11, 1912, not entitled within three 

months :-■ 90t) 

Merit, promotions based on, onlyi 33 

Messages, private, use of telephone for, prohibited 38 

Messengers: 

Distribution of ^^ 

Duties of ^2 

Mexican War: 

Briefing of claims account of - 210 

Service pensions, provisions of law relative thereto 424, 426 



152 rNDEX. 

Section. 

Military and medical history, invalid claims 63a 

Military or naval home, correspondence addressed official head 312 

Minor, and helpless children, increase for, not to be allowed in special acts of 

widows unless provided for 65 

Minor brothers and sisters, dependent, proof required 477 

Minor children: 

Briefing claims for 204 

Order of value of evidence , 459 

Minors: 

By former wife, increase account thereof, payable to widow 461 

Claim of, prosecuted by next friend, or guardian 467 

Payment only to guardian 467 

Title if abandoned by widow or her name dropped account of adulterous 

cohabitation 466 

Title of, under act of May 9 , 1900 466 

Title under act of June 27, 1890 466 

Title under sections 4702 and 4703 , Revised Statutes, general law 465 

Misstatement of age, refundment account of 152, 153 

Mistake of fact, recovery on account of 154, 488 

Money, solicitation of, from employees prohibited 40 

Money orders or drafts, refundments and recoveries to be by 149 

Monthly reports, chiefs of division to make 53a 

Mothers: 

Dependent, requirements in claims of 471-475 

Service of former husbands must be shown 229, 329 

Motion, reconsideration in appeals 251 

Motions to reconsider rulings and decisions of Law Division not to be enter- 
tained 396 

Muster out, declaration, if executed on date of 58 

Mutilated jackets to be replaced by new 317 

N. 
Name: 

Change in, claim to be referred to Record Division 327 

. Commissioner, correspondence to be conducted in 296 

County, to be given in address, registered mail 302 

Guardian, to appear on face brief 262 

Vessel, to be given in certificates in Navy cases 266 

Names: 

And addresses of comrades 320 

Dropped from roll upon approval Secretary 155 

Pensioners, certified copies to be furnished 507 

Subagents and correspondents, attorneys required to state all 371 

Naval or miUtary home, correspondence, addressed official head 312 

Navy: 

Allowances, 10 and 20 years' service 451 

Cases, certificates in, to contain name of vessel 266 

Service in, Civil War, when considered 7g 

Navy Department: 

Report obtained in Navy cases before ordering medical examination 61a 

Reports from gg^^ 

Neatness and order observed regarding desks 24 

Neglect, prosecution of claim for one year held as abandonment by attorney 380 



INDEX. 153 

New disability: Section. 

In increase claims, not alleged of service origin, ignored . . . « 66 

Requirements as to, in declaration 59a 

When not considered. 66, 67 

Newspapers and books, reading of prohibited 23 

Next friend, minors, prosecution of claim by 467 

Ninety days, allowed attorney in rejected cases to ask for reconsideration 382 

No disability, rejection, if not ratable 63e 

Notaries and justices 405-408 

Calls for information as to official character of officers to be on Law Division . 407 
Certificates of official character of officer covering date execution only, not 

to be detached 406 

Certificates of official character to Law Division 405 

Notation: 

Benefits, act of March 2, 1895, on brief, when given 64i, 64j 

Death to be made in ending original claims 56 

Disability, when not permanent, for further medical examination 61o 

Notice: 

Appeal- 
Consideration in bureau after 259 

To all parties in interest 242 

Before dropping suspension, requirements as to 485-487 

Decision, appeal, claim for division of pension 252-256 

Of issue, given to claimant only when fee allowed 269 

30 days', to be given attorneys dropped on account of laches 379 

To attorney of action of rejection 382 

Notification : 

Claimant and attorney, in rejected claims 233 

Members of Congress of action only in cases called up by 290 

Rejection, Members of Congress still in office and called up by shall be ad- 
vised .' 234 

Nurse, service of husband, if any, required 329 

Nurses, Army, Act of August 5, 1892 484 

O. 

Oath, judicial officers using a seal not to be under 505 

Oaths, rural free-delivery carriers not authorized to administer for general pur- 
poses 408 

Office parlance, expressions used in, not allowed in official correspondence 292 

Officers: 

Certificate required as to erasures and interlineations 503 

Certificate required as to credibility of witnesses 502 

Commissioned, in service, certificate accepted 436 

Correspondence with consular, to be through State Department 313 

Judicial using a seal not to be under oath 505 

Record of official character and signature kept by Law Division 11 

Under general-law rates for 414 

United States, prohibited from acting as attorneys 359, 404 

Official calls, all evidence required to be included in 304 

Official: 

Character, notaries and justices, calls for on Law Division 407 

Communications 49-57 

From bureau initialed personally by author 300 

Of special examiners to be addressed to commissioner 39 



154 INDEX. 

Official — Continued. Section. 

Expressions used in "oflSce parlance' ' not to be used in correspondence. . .. 292 

Inquiries addressed to employees, referred to proper 295 

Officials, soliciting assistance of, by attorneys subject to disbarment 360, 361 

Order: 

Medical examination — 

Not to issue if maximum rate 64c 

Not to issue in certain cases 97 

Not to issue new disability until legally approved 61f 

Not to issue unless required 61e 

To be issued in Medical Division 61b 

Regular, claims not taken out upon request of attorney, except for good cause. 373 

Second medical examination, before different board 61c 

Order of value: 

Evidence as to marriage 453 

Evidence, minor children 459 

Organization of bureau 2-8 

Origin: 

Evidence as to, if testimony of siu-geon or officer not available 438 

New disability in claims for increase, not alleged of service to be ignored ... 66 

Rejection, if claimant unable to fuTnish evidence of 63f 

Rejection, if disability not of service 63b 

Original: 

Claims pending, death in, to be noted 56 

When certificates classed as 68 al, all 

Original invalid claims: 

Briefing of 189-193 

Practice in 63 

Original of papers filed, return of by Law Division 11 

Other service: 

Declaration of applicant aato I47 

Widow not required to show, if husband a pensioner 148 

Outside parties, discussion of business of bureau with, forbidden 32 

Overpayment, payment of accrued pension not to be made in cases of 154 

P. 

Papers: 

Arrangement of, in briefing claims in different classes of cases 170-214 

Copies of 506-508 

Inspection of 284-288 

Official- 
Entrusted to employees only 30 

Prom office of Secretary, not to be given out by subordinates 29 

Return of 3ig 

By special examiner, case death claimant 230 

Parents, dependent: 

Present dependence only, section 4707, Revised Statutes, as amended by 

act June 27, 1890 479 

Rank governs rate 48q 

Parlance, office, expressions used in, not allowed in official correspondence 292 

Parties, all in interest to be notified of appeal 242 



INDEX. 155 

Payment: 

Accrued pension— Section. 

Act of March 2, 1895, relative to 494 

Not to be made in cases of overpayment 154 

Date disability ceased to govern in dropping cases 155b 

Guardianship cases, to be made to guardian 263 

Insane or imprisoned invalid pensioner, to wife 49?' 

Minors, only to guardian 467 

Salaries of employees 36 

Widow as guardian, none if dropped from roll under act of August 7, 1882 . . 265 

When mailing check 'constitutes 497,498 

Payments: 

Calls relative to, to be made on Finance Division 163 

First, $500 or more, to commissioner , 5 

Penalty envelope not to be furnished 43a 

Pending claims: 

Count of 330-343 

Definition of 331 

Original, death in, to be noted 56 

Pension: 

Accrued 156-162 

Not allowable in cases of overpayment 154 

Reference of application for 156 

Appeals in, and bounty land, practice in 240-257b 

Commencement of, account destruction battleship Maine 134 

Division of — 

Action in Law Division on appeals 260 

Appeals, notice of decision 252-256 

Pensionable service, drafted men, commencement of, act of May 11, 1912 79 

Pensioners: 

Addressee of, correspondence as to. 296 

Deaths of, reported to Finance Division 54d 

Election, when entitled to 144 

Names of, certified copies to be furnished 507 

Widow not required to show other service if soldier was 148 

Pension laws, certified copies of all, to be filed in Law Division 278 

Permission to examine certificates of disability 288 

Permits: 

Cases in field for special examination 225 

To draw pension issued by Certificate Division 16 

Personal visits during oflSce hours prohibited 25 

Personnel: 

Board of Review, determined by commissioner 9 

Bureau under charge of chief clerk. 6 

Photostats - 319 

Physician: 

AflBdavit of, to be in handwriting of witness 504 

Testimony of each, required as to continuance of disability 439 

Postage: 

Amount attorney may receive 393, 516 

Foreign mail to Mail and Supplies Division for 308 

Returned if inclosed , • 315 



156 INDEX. 



Postmasters, fourth-class, not authorized to administer oaths for general pur- 
poses 408 

Post-office addresses: 

Change of 18 

Pensioners, charges for furnishing 508 

To include street and number, post-office box, or rural free-delivery route. 216 

Witnesses, including street and number, to be given 501 

Postoffice, money-orders or drafts, refundments and recoveries tobeby 149 

Power of attorney: 

Attorney not recognized except upon 357 

Claimant's right to revoke 383 

Not recognized except signed by claimant in presence of two witnesses. . . 358 

Practice: 

Abandoned claims 236, 237 

Original invalid claims 63 

Pension and bounty-land appeals 240-257b 

Press, information for 28 

Presumption: 

Of death, act of Mar. 13, 1896 463 

Prior soundness, act of Mar. 3, 1895 440 

Prima facie, statement "no other service," in declaraction, to be accepted as.. 'l47 

Prior: 

Husband, if any, service of, in widows' claims, reference of to Record 

Division 328 

Marriage, proof as to 456 

Prior soundness, presumed, act of Mar. 3, 1895 440 

Private: 

Institutions, calls for information from, if fee, required 310 

Messages, use of telephone, prohibited 38 

Promotions, based upon merit only 33 

Prompt: 

Action, in cases recalled, from Congress 280 

Answers required in congressional calls 289 

Answers required to inquiries for status 291 

Proof: 

Of disability required if no record of 433 

Of marriage 453 

Prosecution: 

By claimant in person 4jg 

Minors' claim by "next friend" or guardian 467 

Neglect for one year, attorney held to have abandoned claim 380 

Witnesses to state interest in ^^ 

Public acts, certified copies by chief clerk to Law Division for filing 278 

R. 

Rank, governs rate, dependent parents 4g0 

Ratable, disability: 

Invalid claims, not to be referred for special examination unless shown ... 224 

Question of, to medical referee g3„ 

Rejection on account of no, and new disability alleged 611 



INDEX. 157 

Rate: Section. 

Automatic, to be shown 80 

Form of approval in case applicant receiving higher rate under other laws. 138 

(Joverned by rank, dependent parents 480 

Greater under other laws, claim to be rejected (act May 11, 1912) 87 

Maximum, if claimant in receipt of, medical examination not to be ordered . 64c 

Officers under general law , 414 

Raters' section in Certificate Division 16 

Kates: 

Tables of 410-413 

Under act May 11, 1912 446 

Reading, books and newspapers prohibited 23 

Receipt, date of, not required to be given in official communications from 

bureau 301 

Recognition: 

Attorney, only upon power of attorney 357 

Of attorneys 344, 346 

Power of attorney, not unless signed by claimant in presence two witnesses. 358 

Reconsideration : 

Claim for, 90 days allowed attorney in which to file 382 

Motion for, in appeals 251 

Rulings and decisions of Law Division, motion for, not to be entertained. . 396 

Record: 

Calls for, on filing application 431 

Injuries, treatment in service not sufficient to show line of duty 441 

Origin, if none, proof required 433 

Record Division: 

Chief of, to sign call slips where no claim on file 326 

Connected claims, cross reference of, by 328, 329 

Duties of - 15, 55a 

Duties of, with reference to indefinite declarations 60b 

Names and addresses of comrades furnished by 320 

Reference of claim to, if any change in name or service 327 

Recording declaration under proper law 52 

Records: 

Bureau, copies of, when furnished and charges for 506 

War Department, additional call required if report prior to 1889 432 

Recoupment 487 

Recoveries and refundments, required to be by drafts or post-office money 

orders • '-^^ 

Recovery: 

Account of fraud or mistake of fact 488 

When to be made by special examiner 151 

Recovery and refundment 149-154 

Reference: 

By Secretary of correspondence entails reply through his office 306 

Claims for reimbursement 162 

Claims under sections 4692 and 4693, Revised Statutes, to medical referee. . 142 

Communications "* 

Fraud, probability of, to Law Division 222 

Inquiries addressed to employees, to proper official 295 

Special acts to Law Division 275 

Special examination, invalid claims, ratable disability shown before 224 



158 INDEX. 

Befundment: Section. 

Attorney's fee erroneously certified 402 

When age misstated 152, 163 

Refundments: 

Deposited with Treasurer of United States and auditor advised 150 

Forwarded to Finance Division 150 

Transmission to commissioner 149 

Refundments and recoveries, required to be by drafts or post-office money 

orders 149 

Refuse from lunches, disposition of 34 

Registered mail, name of county to be given in address 302 

Regular establishment: 

Definition of 135 

Service when considered in Civil War 75 

Regular order, claims not to be taken out of, upon request of attorney, except 

for good cause 373 

Reimbursement : 

Amount received from different States and District of Columbia to be 

deducted in claims for 157 

Bills of expenses last sickness and burial 495 

Claims for (act Mar. 2, 1895) to Army and Navy Division 13, 55c 

Death of pensioner, case to Finance Division to drop 162 

Expenses last sickness and burial 495 

Expenses of attorney, when allowed from claimant 377 

Reference of claims for 162 

Reimbxu-sement and accrued pension 156-162; 494-496 

Reissue: 

Certificates, increase under act March 2, 1895, noted on 274 

Certificates when called 68al, all 

In lieu of lost certificates 273,274 

Rejected: 

Claim to be — 

When claimant unable to furnish evidence of origin 63f 

When no disability exists 63e 

Claims. 233, 235 

Date birth to be noted on face-brief in certain cases 88 

Evidence in, to be disposed of by face-brief action 318 

Examination of surgeons' certificates not permitted in, after three 

months 287 

Reopening of, disability, act May 11, 1912 99 

Under act of May 11, 1912, if pensioned equal or greater rate under 

other laws gy 93 

Increase, order for medical examination reopens 64k 

Rejected certificates, medical examination, not to be filed in brief 61n 

Rejection: 

Account of age, pensioner to be advised as to future rights 91c 

Claimant and attorney to be notified 233 

Death of claimant, no one to complete j61 

Form used when applicant not reached beneficial age 92 

Increase, if no examination and applicant dies 641 

Letter of, to contain date birth. In certain cases 88 

Members of Congress still in office to be notified, if claim called up by 234 

Ninety days allowed attorney to file for reconsideration 382 

When account no ratable disability and new disability alleged , . , , , 611 



INDEX. 159. 

Section. 

Relatives, dependent, title of under section 4707, Revised Statutes , 470 

Remarried widows, renewal act of March 3, 1901 483 

Renewal: 

Act of March 3, 1901, remarried widows 483 

Declaration failure to claim 482 

Widows, section 4708 Revised Statutes, requirements as to 483 

Renewal and increase: 

Medical testimony in claims for 64d 

Under sections 4692 and 4693, Revised Statutes 143 

Renewal and restoration, section 4719 Revised Statutes, failure to claim 450 

Reopened, rejected increase claims, if another medical examination ordered. . 64k 
Reopening: 

Act of May 11, 1912, when claimant elects 93 

Briefing and action in. 183-185 

Change La practice as to pensionable service, not to result in, in claims pre- 
viously adjudicated 78 

If allowance results in, reopening another claim previously rejected, sub- 
mission to commissioner 215 

Name of Member of Congress on face-brief 183c 

Eejected disability claims, act of May 11, 1912 99 

Report: 

Biennial, of guardian required 264 

Death of employees to be made 45 

Meritorious claims to Congress, act of May 29, 1830 281 

Typewriting machines, to Mail and Supplies Division 46a 

War or Navy Department to be obtained before ordering medical examina- 
tion 61a 

Reports: 

Chiefs of division to make daily and monthly 53 

Special examiners — 

As to fraud, to Law Division 223 

In criminal cases, and confidential communications, not to be in- 
spected 284 

Request, attorney "that claim be taken out of regular order not considered except 

for good cause 373 

Requests: 

Blank applications, to chief clerk 55d 

Special examination — 

By whom made 218a, b 

To be approved by commissioner 218c 

Requisitions on Treasurer of United States made in Finance Division 17 

Resolution, joint, trf May 29, 1830 281 

Restoration and reissue, briefing of claims 197 

Restoration and renewal, section 4719, Revised Statutes, faitoe to claim 450 

Retired, no pension for service in Coast Guard while on list 13 

Return: 

Communications without sufficient date 43a 

Completed claims, special examiner to 228 

Papers by special examiner, case death claimant 230 

Postage stamps, if inclosed 315 

Revocation, power of attorney, by claimant 383 

Revolution, War of , pensions account of 419 

76704°— 15 11 



160 INDEX. 

Right: Section. 

Future, pensioner to be advised of, when claim rejected account age 91c 

Of election 67b 

Pensioner receiving same rate under another law 93 

Vested, pension, act of December 21, 1893 485 

Rules: 

Governing leaves of absence 415 

Governing special claims 282 

Rural free delivery carriers not authorized to administer oaths for general pur- 

408 



S. 
Schedule: 

Payment of pensions, made in Finance Division 17 

Transfer of attorneys required 852 

Seal, judicial officers using, not to be put under oath 505 

Secretary: 

Correspondence received by reference of, reply through his office 306 

Decision of, in appeals, copy mailed party in interest 257b 

Names dropped from roll upon approval of 155 

Official papers from, not to be given out by subordinates 29 

Regulations prescribed by, payment to inmates Government Hospital for 

the Insane 489 

Section 4617, Revised Statutes, amended July 1, 1902 443 

Section 4693, Revised Statutes, declarations, all disabilities contracted in serv- 
ice to be named therein 429 

Section 4693, Revised Statutes, declarations, signature to be witnessed by two 

persons 430 

Section 4701, Revised Statutes: 

Act of May 11, 1912, not to reopen claims adjudicated prior to change in 

practice 78 

Application of, to claims under act of May 11, 1912 77 

Meaning of "construed" as used therein 77 

Section 4705, Revised Statutes, marriage, in claims widows, colored and Indian 

soldiers 455 

Section 4706, Revised Statutes, suspension of widow, minor's title 465, 466 

Section 4707, Revised Statutes: 

Amended by act of June 27, 1890, as to dependent parents 479 

Dependent parents, present dependence only required, amendment by act 

of June 27, 1890. 479 

Title of dependent relatives under 470 

Section 4708, Revised Statutes, amended by act of March 3, 1901, remarried 

widows 483 

Section 4715, Revised Statutes, act of March 3, 1901, applies thereunder 67a 

Section 4716, Revised Statutes, disloyalty, limitation as to, removed by joint 

resolution of July 1, 1902 443 

Section 4719, Revised Statutes: 

Declaration, requirements as to, in claims for restoration 482 

Restoration and renewal, failure to claim 450 

Sections 4692 and 4693, Revised Statutes:. 

Declarations thereunder 428-430 

Rate, notice, and proper action, certain cases 139-142 



INDEX. 161 

Sectioiis 4702 and 4703, Revised Statutes: section. 

Minors, title thereunder, general law 465 

Rate and notice under 139-140 

Title of widows, general law 452 

Sections 4756 and 4757, Revised Statutes, allowances account 10 and 20 years' 

naval service 451 

Service: 

Any change in, claim to be referred to Record Division 327 

Certificate as to, State of Texas,. Indian wars 130 

Civil War, act of February 6, 1907 : 444 

Clearance, establishment of 332 

Disability incurred in, act of May 11, 1912 446 

Former husbands, if any, must be shown, widows' claims 229 

Husband, if any, required in claim of mother or nurse 229, 329 

Length of, act of May 11, 1912, deductions 72 

Navy- 
Civil War, when to be considered 76 

Ten and twenty years' 451 

No pension, members Coast Guard, while in active 13 

Origin, new disability in claims for increase, not alleged of, to be ignored . . 66 
Other- 
Declaration of applicant as to 147 

Widow not required to show, if soldier a pensioner 148 

Pensionable, drafted men, commencement of, act of May 11, 1912 79 

Prior husband, if any, in widows' claims 328 

Prior soundness presumed, act of March 8, 1895 440 

Regular establishment, Civil War, when not considered in 75 

Time in hospital or otherwise absent account of self-inflicted wound to be 

deducted 72 

To appear in addresses to inmates Soldiers' Home 299 

Treatment of injuries in, not sufficient to show line of duty 441 

Service pensions: 

Indian wars ' 421^23 

Mexican War, provisions of law relative thereto 424-426 

War of 1812 420 

War of the Revolution 419 

Sickness, last, and burial, reimbursement for expenses 495 

Signature: 

Commissioner — 

By means of stamp 51 

Facsimile, stamped in division 316a 

Declarations, under section 4693, Revised Statutes, to be witnessed by two 

persons 430 

Tracing of, in cases of identity 322 

Sisters and brothers, minor, dependent, proof required 477 

Slip, separate, required ia each case transfer of attorneys 351 

Slips: 

Call, for cases, requirements as to 323,324 

Transfer, referred to Law Division 394 

Smoking prohibited • 35 

Soldiers, colored and Indian, widows, marriage, section 4705, Revised Statutes. 455 

Soldiers' Home, inmates of, service to appear in addresses 299 



162 INDEX. 

Soliciting: SeeHon. 

Attorneys of assistance, Members of Congress and other officials subject to 

disbarment 380. 361 

Money from employees for political purposes proMbited 40 

Spacing of official letters 303 

Special: 

Case to be treated as, if error in certificate 271 

Claims not to be called for as 342 

Special acts 275-277,279 

Copies to be made by chief clerk 275 

Declaration required in, if no claim on file 279 

Reference of, to Law Division 11, 275 

Widows, increase minor and helpless children not allowed unless provided 

for 65 

Special claims, rules governing 282, 283 

Special examination 218-232 

Cases in field for, permits in 225 

Claimant's statement in invalids' or survivors' claims 221 

Claim under subsequent act to be completed if earlier claim in field 227 

Identity cases 220 

Invalid claims, not to be referred unless ratable degree disability shown. . 224 

Medical questions, instructions, by medical referee 61j 

Original claim in field subsequent claim forwarded for consolidation 226 

Requests for — 

By whom made 218 

To be approved by commissioner 218c 

Special Examination Division: 

Correspondence with foreign countries to be through, if expense involved . 314 

Duties of 12 

Special examiners: 

Official communications of, addressed commissioner 39 

Reports cf — 

As to fraud, to Law Division 223' 

In criminal cases, and confidential communications, not to be inspected 284 

Subpoena of 57 

To return completed claims 228 

To return papers in case of death claimant 230 

When recovery to be made by 151 

Special investigations, letter instructions with carbon 50 

Stamp, signature of commissioner 51^ 316b 

Stamping of commissioner's facsimile signature in division , 316a 

Stamps, postage, to be returned, if inclosed 315 

State agents, advised as.ta calls 403 

State Department, correspondence with consular officers to be through 313 

State, Texas, certificate as to, Indian wars 130 

Statement, claimant, in invalids' or survivors' claims, special examination 221 

States, loyal, enlistments in 74 

Status: 

Attorney — 

Not affected by change of guardian 374 

To be obtained from Law Division 347 

Inquiries for, prompt answers required ja 289 291 

Street and number to be included in post-office addresses of witnesses 501 



INDEX. 163 

Section. 
Street and number, post-office box, or rural free-delivery route, addresses to 

include 216* 

Subagenta, attorneys required to state names of all 371 

Submission, increase claims to board of review 64a 

Subordinates, official papers from Secretary, not to be given out by 29 

Subpoena, special examiners "-.-.- 57 

Subsequent act, claim under, to be completed if earlier claim in field 227 

Sufficiency declarations passed upon by^Law Division 60a 

Superfluous force must be reported to chief clerk 23 

Supervision: 

Chief clerk, divisions under ,.,„ 4 

■, .Commissioner, divisions under. 2 

Deputy commissioner, divisions under 3 

Supplies, issuance of 19,44' 

Siugeon: 

Affidavit of, to be in handwriting of witness 504 

Civil, medical examinations by, 61g 

Surgeons, examining: 
Certificates — 

Copying of, prohibited 285c 

Inspection of, not permitted in admitted cases 286 

Inspection of, not permitted in rejected cases after three months 287 

Persons permitted to examine 285b 

Correspondence with, in name medical referee 296 

Surgeons, examination: 

Inspection certificates of 286 

Testimony of ^^ 

Survivors, Indian Wars, increased to $20 per month, act of February 19, 1913. 131 

Suspended attorney entitled to fee in claims completed prior to suspension. . . 362 

Suspension notice, requirements as to 485, 486 

T. 

Table, attorneys' fees allowed by law 513 

Tables, rates • 410-413 

Tardiness, to be charged. 22 

Telephone, use, prohibited private messages 38 

Ten years' service in Navy 451 

Test, medical examinations ^^* 

Testimony: 

All details to be given by witnesses, in 502 

And creditabUity, of witnesses 321 

62 
Exammmg surgeons 

Medical — 

In applications for renewal, increase claims 64d 

Required in certain cases before medical examination ordered. .... 64f, 64h 

To be considered by medical referee before ordering medical examina- 

tion -- ^S 

To contain all details by witnesses , ^^ 

Allowed attorney in rejected cases to file claim for reconsideration 382 

Appeal, one year ■ 

Contested claims, limited 30 days for appeal ^^^ 

Furlough, not to be deducted if returned from • 72 

Within which evidence called for must be furnished 379 



164 INDEX. 

Title: Section. 

Attoraeyfl, not to contain initials "TJ. S." or words "United States". 401 

Fee- 
Attorney, not considered after one year from date of issue 370 

Case attorneys' suspension, in claims completed prior to 362 

Mioors — 

If widow dropped account adulterous ■ cohabitation, or abandoned 

by her ...^ 466 

Under act of June 27, 1890 466 

Under act of May 9, 1900 466 

Under sections 4702 and 4703, Revised Statutes, general law 465 

Widows, under sections 4702 and 4703, Revised Statutes, general law 452 

Tracing signature in cases identity 322 

Transfer: 

Attorneys — 

In cases deceased claimants 355 

Schedule of, required 352 

Separate slip required in each case 351 

Written consent of claimant required in 354 

Attorneyship, acknowledged under oath 350 

By attorney prohibited unless in good standing 356 

Consent of attorney required in 349 

Slips, referred to Law Division 394 

Typewriting machines 46b 

Treasurer of United States, refundments to be deposited with 150 

Treatment, injuries in service, record of, not sufficient to show line of duty 441 

Twenty years' service in Navy 451 

Two: 

Claims or more involved in appeals 251 

Or more disabilities, disposition of claims for 145-146 

Witnesses, to signature in declarations under section 4693 , Revised Statutes . 430 
Typewriting machines: 

To be reported to Mail and Supplies Division 46a 

Transfer of 46b 

U. 

Underscoring, erasures, and interlineations not allowed in correspondence 294 

"United States," not to be used by attorneys in title 401 

United States Military or Naval Home, correspondence, to be addressed to 

official head 312 

United States officers, prohibited from acting as attorneys 359 

United States Treasurer, refundments to be deposited with 150 

"U. S.," not to be used by attorneys in title .- , 401 

Use, expressions used in ' ' office parlance " prohibited in official correspondence . 292 

V. 

Validity declarations: 

To be passed upon by Law Division 11, 60a 

U. S. S. Maine ' 134 

Valuable, mall, addressed care another person not accepted 216b 

Value, order of: 

Evidence as to dates of birth children 459 

In evidence of marriage 453 

Vtintilation 42 



INDEX. 165 

.. .„ ^ Section, 

venncation, presence or absence comrades, case not returned on review for, if 

testimony before special examiner ._ 231 

Vessel, name, to be given in certificates in Navy cases 266 

Vested right, pension, act of December 21, 1893 485 

Violation, law, communications alleging, to Law Division 54a 

Visitors: 

Entertaining of, prohibited in court and corridors 23 

Parts of building open to 27 

Visits, personal, during office hours prohibited 26 

Volunteer, organization. Civil War, date of enUstment in 73 

Vouchers, preparation of, in Finance Division 17 

W 
War Department: 

Additional call required if report prior to 1889 432 

Report from, before ordering medical examination 61a 

Reports from 68b 

War of 1812, service pensions account of, act of March 9, 1878 420 

War of Revohxtion, pensions account of 419 

War with Mexico, service pensions, provisions of law relative thereto 424-^26 

Ward, claim of, when prosecuted by guardian as attorney, fee not allowed 369 

Warrants: 

Bounty land 132,133 

Attorney to be notified of issue 133b 

Delivered personally or by registered mail 132a 

Delivery to claimant only ~ 132b 

Receipts required for delivery 133a 

Wars, Indian, service pensions account of 421-423 

Waste baskets not to be used as receptacles for refuse from lunches 34 

Widow: 

Claims, briefing of 1 98-200 

Claims under act of April 19, 1908 — 

Briefing of 202 

Proof in 463 

Date of marriage in claims, acta of June 27, 1890, and April 19, 1908 462 

Declarations under act of June 27, 1890, to be accepted as under act of April 

19, 1908 60c 

Dropped account adulterous cohabitation, title of miaors 466 

Guardian, no payment if dropped from roll under act of August, 7, 1882. . . 265 

Increase account minors of former wife payable to 461 

Marriage — 

Prior to June 27, 1890 462 

Section 4705, Revised Statutes, colored and Indian soldiers 455 

Minor completing, briefing of 201 

Other service, not required to show, if soldier a pensioner 148 

Provisions of act of — 

June 27, 1890, as to 462 

May 9, 1900 462 

Remarried, renewal act of March 3, 1901 483 

Service, former husbands, if any 229, 328 

Special acts, increase for minor and helpless children not to be allowed 

unless provided for - 65 

Title of, under sections 4702 and 4703, Revised Statutes, general law 452 

Under acts of June 27, 1890, and April 19, 1908, joint resolution July ] , 1902, 

applicable to 101,464 



166 INDEX. 

Wife: Section. 

Insane or imprisoned invalid pensioner, payment to 493 

Minors of former, increase account thereof payable to widow 461 

Windows, to be opened by messengers 42 

Withholding: 

Fee of attorney, if articles of agreement defective 397 

Willful, of evidence, by attorney, to be reported to Secretary 375 

Witnesses: 

All details to be given by, in testimony 502 

■ Credibility of, to be certified by officer before whom executed 502 

Post-office address, including street and number, to be given 501 

Testimony and credibility of 321 

To signature of applicant in declarations under section 4693, Revised 

Statutes " 130 

To state whether interested in prosecution of claim 501 

Writing, instructions by chiefs of division, to be in 47, 48 

Written consent of claimant. req uired in transfer of attorneys 354 

Work, hours of ..: 22 

Wound, difiability from, nature of evidence required 435 

Y. 

Year, birth, established, act May 11, 1912, allegation of claimant accepted 

' as to day and month 91a 

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