Where, at the date of the passage of the act of June 27, 1890, a person had a claim pending in the Bureau of Pensions, the evidence filed in said claim may be considered under an application filed under said act asking that such evidence be so considered, although the pension allowed under said act may commence only from the date of filing such application thereunder. Samuel Dunham (Asst. Sec. Bussey), 4 P. D., 99. No claim rejected under the second section of the act of June 27, 1890, will be reopened except on an affidavit of the claimant alleging that a pensionable disability existed at the date of filing the application, supported by evidence tending to prove said allegation. Timothy L. Carley (Asst. Sec. Reynolds) 7 P. D., 12. Where a claim has been rejected and subsequently evidence is filed, tending to show fraud on the part of the examining surgeons, or that a first examination was lacking in thoroughness or competency, or that certain disabling causes were overlooked or ignored, and it is shown to the satisfaction of the Commissioner of Pensions, either by testimony, or a second medical examination, that the causes and pensionable condition did exist at the date of filing the original declaration, rejection should be set aside and pension be made to commence from that date. Charles J. Bryant (Asst. Sec. Reynolds), 7 P. D., 299. 2. Affidavits under Order 229. The statement of the affiant, in an affidavit, that his testimony therein was written or prepared for typewriting (as the case may be) in his presence and from his oral declarations then made and giving the time when, place where, and name of person to whom such declaration was made, and that he did not use and was not aided or prompted by any written or printed statements or recitals prepared or dictated by any other person and not attached as an exhibit to his testimony, must, under order 229, be written and may not be printed. Jacob Van Marter (Asst. Sec. Reynolds), 8 P. D., 26. 3. Attorneys-information to. It is within the discretion of the Commissioner of Pensions to decline to indicate to an attorney wherein certain evidence filed fails to establish the fact intended. The attorney has the right of appeal when the record is complete. William E. Seavy (Asst. Sec. Reynolds), 8 P. D., 61. 4. Laws governing. The laws in force at the time of the adjudication of a claim must determine the rights of the applicant. Rowland A. Colby (Sec. Delano), 1 P. D. (o. s.), 89. See COMMENCEMENT. 5. Medical division. In view of the legal establishment of the Medical division, it is suggested that a general order be issued forbidding the adjudication of a claim for invalid pension wherein a medical question is involved unless such claim has been examined and its merits and demerits passed upon by said division. James F. Godfrey (Sec. Delano), 1 P. D. (o. s.), 111. When new medical evidence is submitted with a view to reopening a rejected claim, it is the practice of the Bureau of Pensions to submit the same to the medical referee before refusing to reopen, which said practice is approved; and where, in such a case, a former rejection has been adhered to on medical grounds without submitting such medical evidence to the medical referee, it is error. Tolliver Thompson (Asst. Sec. 6. Refusal to comply with order for medical examination. Refusal to comply with order for medical examination is sufficient ground for rejection of claim. William Casey (Sec. Chandler), 3 P. D. (o. s.), 270. 7. Regulations by the Executive. Granting of pensions under the act of January 11, 1812, is governed by the President's regulations made under the act of March 16, 1802, and where such regulations do not embrace persons holding civil office, such persons have no absolute legal right to pension under said act, and none may be allowed them thereunder. Atty. Gen. Taney, 2 Op., 519. 8. Requirements as to evidence. Requirements should all be made at one time, and not consecutively, as soon as practicable after the claim be filed. Joseph Cogger (Actg. Sec. Cowen), 2 P. D. (o. s.), 32. 9. 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. See also APPEALS. 10. Reopening claim. The deceased soldier's invalid claim having been reopened for consideration on its merits, the widow's claim rejected on the ground that soldier's death was not shown to be due to the service should also be reopened for further adjudication on the evidence that may hereafter be adduced in both claims. Andrew Watts (Asst. Sec. Reynolds), 8 P. D., —. 11. War Department records. The record in evidence from the War Department shows claimant accepted into the service by proper authority on December 20, 1864. He was discharged April 13, 1865, and the Treasury record shows him paid as a private up to that date. The War Department now states that it has determined that soldier was in the service from December 20, 1864, to February 2, 1865, but it produces no record or evidence corroborative of that conclusion: Held, A claim can not be adjudicated upon alleged facts not in evidence, and the War Department should be requested to file a record of service de novo, inasmuch as its later conclusions are totally at variance with the record found in the case and filed by said Department. David H. Dyer (Asst. Sec. Reynolds), 8 P. D., —. 12. Defective declarations. The action of the Commissioner in returning a declaration which omits a material averment is not error. Robina Weath erwax (Asst. Sec. Reynolds), 8 P. D., 13201--26 13. Appeals. Where, on appeal, the action of the Commissioner of Pensions is reversed and the claim remanded for special examination, the mission of the appeal is fulfilled; and when such examination has been completed the claim should be adjudicated in the Pension Bureau, and will not again be considered by the Department until an appeal shall have been taken from such final adjudication by the Commissioner. Marion Brock (Asst. Sec. Reynolds), 8 P. D., —. See also APPEALS. 14. Adjudicating officers. In adjudicating a widow's claim under the general law the legal reviewer should state from what disabling causes, if any, soldier suffered which are accepted as due to his military serv ice; and the question as to whether the death cause had any pathological connection therewith should be submitted to the medical referee. The statement by the legal reviewer that "the cause of soldier's death can not be traced to his military service" can not be accepted as a proper adjudication of the claim. Lydia A. Green (Asst. Sec. Reynolds), 8 P. D., 15. No ratable disability, covers what. The words "no ratable degree of disability shown," occurring in a rejection of a claim, cover all disabling causes that are the result of an alleged disability. John C. Mohrstadt (Asst. Sec. Reynolds), 8 P. D., – See also COMMENCEMENT; EVIDENCE (Affidavits--order 229); EXAMINATIONS; FACE BRIEF; INCREASE; MILITIA; RATING; RERATING; RESTORATION, PREDISPOSITION TO DISEASE. See ORIGIN. PRESIDENT, THE. See APPEALS; MILITIA. PRESUMPTIONS. See DISABILITY; EVIDENCE; RESTORATION. PRIOR SOUNDNESS. See EVIDENCE; ORIGIN. War of 1812. PRIVATEERSMEN. Privateersmen in the war of 1812 are not entitled to pension under the act of February 14, 1871, as they were not enlisted men or volunteers in the naval service. William Booth (Sec. Delano), 8 L. B. P., 400. Privateersmen were not in the naval service of the United See also SERVICE. William As deputy provost-marshals did not have the power to appoint assistant provost-marshals, service as such assistant does not entitle to pension. John W. Reynolds (Actg. Sec. Cowen), 1 P. D. (0. s.), 223. Provost-marshals are pensionable only for wounds or injuries incurred in the discharge of duty, and not for disease contracted. Isaac N. Phillips (Asst. Sec. Bussey), 3 P. D., 377. Service as a provost-marshal, deputy provost-marshal, or enrolling officer during the late War of the Rebellion, is not such military service as is contemplated by section 2 of the act of June 27, 1890; such persons having been employed in |