3. At the hip joint (act of March 3, 1879)—Continued.

Under act of March 3, 1879, amputation at the hip joint means the removal of the whole thigh bone from its socket. Albert L. Rennells (Asst. Sec. Reynolds), 7 P. D., 180.

4. From nonpensionable cause.

The amputation of a leg from a cause not pensionable does not impair the party's right to continuance of pension allowed on account of a permanent degree of disability which existed in the leg prior to such amputation. Daniel McLeod (Sec. Delano), 2 P. D. (o. s.), 463.

See also COMMENCEMENT; RATING.

ANTE-REBELLION.

See COMMENCEMENT; LIMITATION; ORIGIN; RATING; SERVICE; TITLE; WIDOWS.

6. By attorney-suspended, disbarred, or not entitled to recognition.

(a) Attorney attacking his client's title.

(b) After claimant's death.

7. Limitation.

8. By the medical referee.

9. By minor's guardian in widow's claim.

10. Reports on appeals.

11. Separate appeals-Rule 1 construed.

12. Should specify grounds on which based.

13. Requisites of Rule 2.

14. Mere allegation of injustice insufficient.

15. Where additional evidence is alleged to be procurable, or is filed.

16. As to rate-Rule 6.

17. Repeated appeals.

18. Reconsideration.

19. Reversals on appeal.

20. Notice of decisions.

1. Board of Pension Appeals.

The Board of Pension Appeals will be charged with the consideration of all appeals from the action of the Commis sioner of Pensions in claims for pension and bounty land. The board will not exercise original jurisdiction in any case, nor

1. Board of Pension Appeals-Continued.

consider any question upon which final action has not been taken by the Commissioner of Pensions, except in such cases as may be submitted by him for instructions by the Secretary of the Interior. Order (Sec. Teller), 16 P. D. (o. s.), 141.

2. Appeal lies from final action only.

No appeal will lie until a claim has been finally adjudicated by the Pension Office. Charles B. Moore (Sec. Delano), 2 P. D. (o. s.), 343.

No appeal will lie from any interlocutory order or ruling made in the adjudication of a claim, such as a refusal to grant an additional medical examination under a pending claim for increase; but there must be a final adjudication and determination of the claim before an appeal may be filed. John W. Morris (Asst. Sec. Hawkins), 2 P. D., 73.

There must have been final action by the Pension Bureau. Elijah Ratliff (Asst. Sec. Reynolds), 7 P. D., 6.

The Pension Office desired further evidence as to the extent of the pensioner's disability and issued an order for a medical examination, with which the pensioner has declined to comply. The case is in effect pending before the Pension Office, and the appeal is therefore dismissed under rule 1 of the Rules of Practice in Pension Cases, which provides for appeal only in cases in which final action has been taken by the Commissioner of Pensions. Frank Bishop, jr. (Asst. Sec. Reynolds), 8 P. D.,

3. Where no denial of a right is asserted or exists-Rule 2. There having been no denial by the Bureau of Pensions of any right asserted or existing in this case, and the appeal failing to meet the requirements of rule 2 of Department Rules of Practice, it is therefore dismissed. Fatima Crawford (Asst. Sec. Reynolds), 7 P. D., 357.

4. No appeal will lie in claim by a deserter.

While a charge of desertion exists against the soldier a claim for pension, based on his service, will not be considered on appeal. Minor of John Hendricks (Asst. Sec. Hawkins), 1 P. D., 31.

5. Unauthorized, will not be recognized.

An appeal not authorized by claimant, and not purporting to be the appeal of claimant, nor signed by the attorney in his representative capacity, is irregular and should not be recognized. Bartholomew Davis (Asst. Sec. Reynolds), 7 P. D., 86. See also REPORTS ON APPEALS.

6. By attorney-suspended, disbarred, or not entitled to recognition.

An appeal by a suspended attorney will not be entertained. William Edens (Sec. Cox), 7 L. B. P., 15.

An appeal duly executed by claimant, but filed by a disbarred attorney, will be treated as an appeal by such claimant in his or her own proper person, but the attorney will not be recognized. Mary A. Reynolds (Asst. Sec. Reynolds), 8 P. D., 287.

An appeal filed by an attorney who is not entitled to recognition, but which is signed by the claimant, will be considered as an appeal by the claimant in person. Samuel C. White (Asst. Sec. Reynolds), 8 P. D., —.

(a) Attorney attacking his client's title.

Where an attorney, in his appeal, with a view to showing right to a fee, attacks his client's title to pension, such objection can not be considered in determining the merits of the appeal, and the appeal itself will be dismissed. John M. Defoe (Asst. Sec. Reynolds), 8 P. D., 70.

(b) After claimant's death.

An attorney has no right to appeal after the death of his client. Calvin Hartwell (Sec. Usher), 5 L. B. P., 130.

Where the soldier died before final action by the Bureau of Pensions, his claim having been subsequently rejected: Held, That the attorney of record has no legal right to appeal from such rejection without first obtaining from the widow of a soldier a power of attorney to continue its prosecution. Citing Charles W. Fitts, administrator (3 P. D., 267); William Goodson (7 P. D., 294); J. Ambler Smith (7 P. D., 35). James Keating (Asst. Sec. Reynolds), 7 P. D., 280.

The attorney for the conservator of an insane claimant has no right to appeal after said claimant's death from the subse quent rejection of the claim pending at the time of death, unless a new power of attorney is filed from the one who succeeded, on such claimant's death, to his right to pension under said claim. Citing James Keating, 7 P. D., 280; and Americus Mayo, ib., 531. Phineas D. Judson (Asst. Sec. Reynolds), 8 P. D.,

7. Limitation.

As in all courts of law and equity there are limitations varying in the different States (but in none exceeding five years) to the right of appeal from a judgment, this limitation should be adopted in the Pension Office, and in no instance should a case be reviewed after five years unless upon discovery of new

7. Limitation-Continued.

evidence not accessible by the party by due diligence at an earlier day; and acting under this rule I should unhesitatingly affirm the Commissioner's decision. Thomas Murray (Sec. Stuart), 2 L. B. P., 88.

It being sixteen years since the rejection of this claim, no appeal should now be entertained upon the original proofs alone. Quoting Thomas Murray, 2 L. B. P., 88. Charlotte M. Dickenson (Actg. Sec. Otto), 6 L. B. P., 318.

An appeal on the original evidence alone, taken more than five years after the rejection of the claim, will not be enter tained, under the rule announced in Thomas Murray, 2 L. B. P., 88. Elizabeth McCluney (Sec. Delano), 1 P. D. (o. s.), S4.

8. By the medical referee.

There is no precedent for an appeal by the medical referee; and while his appeal will be entertained in this instance, owing to the urgency of a decision in the claim, the action is not to be regarded as a precedent for any similar appeal in the future. T. B. Hood, medical referee, In re George W. Green (Sec. Chandler), 3 P. D. (0. s.), 229.

9. By minor's guardian in widow's claim.

The guardian of minor children who have no claim on file in their own right has no authority to file an appeal from the action of the Commissioner of Pensions rejecting the widow's claim. Benjamin L. Davis, guardian minors of Asa Eastman (Asst. Sec. Reynolds), 8 P. D., ———.

10. Reports on appeals.

Where the point to be decided in an appeal is a purely medical question, a comprehensive opinion, as to the question at issue, by the medical referee should accompany the report. Instructions (Actg. Sec. Cowen), 1 P. D. (o. s.), 29.

Reports on appeals wherein the action of the office is based upon voluminous reports of special agents should be accompanied by an abstract of said evidence, brief in form, and so arranged as to show, without labored examination, all the evidence, pro and con, so procured. Philip Taylor (Actg. Sec. Cowen), 3 P. D. (o. s.), 117.

Reports on appeals entered by unauthorized persons should be made, but the fact of want of authority on the part of such persons should be noted therein. Robert Taylor (Sec. Schurz), 7 P. D. (0. s.), 284.

11. Separate appeals-Rule 1 construed.

The provision of rule 1 of Rules of Practice in Appeals before the Secretary of the Interior, "requiring that each claim appealed must be accompanied by its separate appeal and specification of the errors alleged therein," was not intended to apply, and can not be properly applied, to the case of a single appeal from the rejection of several separate and distinct claims, in which the title to pension springs from a common source, and the law vests the right to prosecute such claims, and to receive the pension that may be allowed in each, in the person or persons filing such appeal. Joseph A. Overholt (Asst. Sec. Reynolds), 8 P. D., 68.

12. Should specify grounds on which based.

Appeals should specify the grounds on which based, and none not observing this regulation will be entertained. Communication to Jesse M. Reid (Sec. Delano), 7 L. B. P., 292.

The error of law, mistake of fact, or inconsistency of opinion must be specifically set forth. Elijah Ratliff (Asst. Sec. Reynolds), 7 P. D., 6.

13. Requisites of Rule 2.

A general allegation that injustice has been done does not constitute a proper appeal. Nor is it sufficient to ask of the Department a general review of the testimony unless some conflict between the action of the Bureau of Pensions and the law applicable to the case, or the facts in the case, be pointed out. Elijah Ratliff (Asst. Sec. Reynolds), 7 P. D., 6.

14. Mere allegation of injustice insufficient.

An appeal based upon mere allegation of injustice in ordering an examination before a particular board of examining surgeons, in the absence of any showing of such alleged injustice, is improper, and will be dismissed. Frank L. Allen (Asst. Sec. Reynolds), 7 P. D., 568.

15. When further evidence is alleged to be procurable or is filed. An appeal stating that claimant can prove his claim by further evidence will not be entertained, as appeals are decided only upon the original evidence filed in the Pension Office previous to the rejection of the claim from which appeal is taken, and subsequent testimony embracing new facts should first be passed upon by the Pension Office. Communication to William H. Harrison (Sec. Browning), 6 L. B. P., 347.

Under an established rule of the Department, no appeal in a pension claim will be entertained where additional evidence is 13201 -3