reference to his disability being an equivalent one, as named in said act, and before he could avail himself of the rate provided by said act an application had to be filed claiming such increase and a medical examination held to ascertain whether appellant's disability was such as was mentioned in the act; and under section 46984, Revised Statutes, the increase when allowed could not be made to commence prior to the date of the examining surgeon's certificate made under such pending claim for increase. Christian H. Goebel (Asst. Sec. Reynolds), 7 P. D., 480.

(d) Intermediate.

No intermediate grade between $18 and $24 is provided by law. Overruling a prior decision herein. George P. Moore (Sec. Delano), 2 P. D. (o. s.), 366.

See also AID AND ATTENDANCE.

3. Equivalent disabilities-act of August 4, 1886.

The act of August 4, 1886, merely substitutes for the rate of $24 per month the rate of $30 per month for the loss of or total disability in hand or foot, but leaves unchanged the rating of $24 per month on account of equivalent disabilities, as provided for in the act of March 3, 1883. Joseph Becher (Asst. Sec. Hawkins), 2 P. D., 109.

See also SUBTITLE 2 (b) and (c).

4. Minor nonspecific disabilities.

Disabilities of a less degree than one equivalent to the loss of a hand or a foot will be rated in fractions of $18. The lowest rate allowed is 2/18 per month and the highest 17/18. Francis M. Williams (Asst. Sec. Bussey), 3 P D., 401.

Minor permanent disabilities should be rated in accordance with the schedule of rates fixed by the Commissioner of Pensions and approved by the Secretary of the Interior, as modified from time to time. Communication (Asst. Sec. Bussey),

5 P. D., 39.

5. Total disability-of hand.

Where a pensioner's "hand is nearly useless-can hold small light objects between the thumb and forefinger"-as shown by a medical report, such disability is included in the expression "totally disabled in the same" used in the act of August 4, 1886, the hand being useless for all practical purposes, and is ratable under said act at $30 per month. John R. Weddle (Asst. Sec. Hawkins), 2 P. D., 97.

5. Total disability-Continued.

(a) of arm.

"Total disability" of an arm is not ratable under the act of March 3, 1883. Jay Spencer, alias Frank Stout (Asst. Sec. Bussey), 4 P. D., 120.

Where, although the motion of the arm is greatly impaired, the thumb can be brought into contact with the palm of the hand, and there is some grip in the hand, so that the hand is of some practical use, the arm is not totally disabled within the meaning of the act of August 4, 1886. George Garfield (Asst. Sec. Bussey), 4 P. D., 258.

(b) of foot.

Certificates of examinations showing pensioner's disability was "total disability of the foot:" Held, Ratings of $16 from September 7, 1887, and 824 from October 30, 1889, were erroneous, and should have been $30 from September 7, 1887, which is directed. Harrison H. Mason (Asst. Sec. Bussey), 4 P. D., 244.

6. Particular disabilities-anchylosis of wrist.

Claimant is receiving $8 per month for anchylosis of wrist, which, under the law, is all that he is entitled to. George M. Row (Asst. Sec. Hawkins), 1 P. D., 147.

(a) Deafness.

Severe deafness of both ears should be rated one-half disability. R. K. Baird (Sec. Schurz), 6 P. D. (0. s.), 87.

For total deafness. or deafness approaching to total, affecting one ear, one-eighth of a total pension may be allowed. For slight deafness in both ears, or severe or total deafness in one ear and slight deafness in the other, one-fourth of a total pension. For severe deafness of both ears, or total deafness in one ear and severe deafness in the other, one-half of a total pension; or if the deafness should exist in a degree nearly total, three-fourths of a total pension. For total deafness the pension for total disability should be allowed, except in the cases for which the rate for total disability is less than $13 per month. Instructions (Sec. Schurz), 6 P. D. (0. s.), 300.

The practice is changed so that for total deafness of both ears $13 shall be considered 13/18 as fixed by section 4696, Revised Statutes, and inferior degrees shall be 12/18, 11/18, Instructions (Sec. Teller), 13 P. D. (o. s.), 472.

etc.

A pensioner who, being totally deaf, is pensioned at $30 per month under the act of August 27, 1888, can not be given the next higher rate of $50 on account of some other disability

6. Particular disabilities-Continued.

(a) Deafness-Continued.

which fails to produce total and permanent helplessness. The law does not authorize any rate intermediate between the two grades, viz, $30 and $50 per month. Christopher H. Moore (Asst. Sec. Bussey), 3 P. D., 271.

Slight deafness of one ear is ratable at $2; severe deafness of one ear at $4; and said rates shall be allowed where the hearing in both ears is impaired equivalently to said degrees of deafness; but for less than slight deafness of both ears, as now defined in the schedule and in all original claims adjudicated since December 4, 1891, and hereafter where a pensiona. ble degree of disability is found, rates shall be allowed from the date of filing claim or from discharge in accordance with the schedule as hereby modified, and with the practice in other cases of minor and nonspecific disabilities. But a rate shall not be allowed for disabilities now added to the schedule at any period in excess of the rate allowed by the Bureau at that period for the lowest ratable disability named in the then existing schedule, or by the practice allowing a nominal rate over a period when the disability was of very slight degree, nor shall the rate allowed for the several degrees of deafness at any time be in excess of those provided for in the schedule of December 4, 1891, as herein amended. John Severin (Asst. Sec. Bussey), 6 P. D., 77.

The evidence showing less than "total or nearly total deafness" of one ear only, prior to date of filing declaration, December 4, 1890, rejection as to pension prior to that date was proper under the practice then in vogue; but as the evidence showed a slight deafness in both ears only, the rating of $25 per month allowed from December 4, 1890, to December 4, 1891, was improper under the schedule of rates made pursuant to the act of August 27, 1888, which rated that degree of deafness at $15 per month until December 4, 1891, when a revision of said schedule fixed the rating at $6 per month: Hold, also, that pension was properly reduced, in 1892, to $6 per month, under the decision in the case of John Severin, 6 P. D., 77. George W. Payne (Asst. Sec. Bussey), 6 P. D., 245.

b) Eye, loss of, and loss of sight of.

The medical referee makes a proper distinction in rating between loss of an eye and the loss of the sight of an eye, for the reason that the latter is rarely attended with any deform ity, while the former always is, and thus constitutes a more serious disability. O. H. Krise (Sec. Delano), 2 P. D. (0. §.),

81.

6. Particular disabilities-Continued.

(b) Eye, loss of, and loss of sight of-Continued.

The practice is changed so as to allow a rating of total pension, according to rank, for the loss of sight of one eye where the other eye is not affected by sympathy, and of third grade, or $18, for the loss of the eye and consequent deformity, where that amount is less than total for rank. Instructions (Sec. Teller), 13 P. D. (o. s.), 472.

(e) Finger, loss of.

There is no specific rate of pension provided by law for the loss of a finger. Stephen Minor (Sec. Schurz), 6 P. D. (0. s.), 274.

(d) Hand and foot, loss of.

No higher rate than $18 per month for each of the permanent specific disabilities, loss of hand and loss of foot, named in the act of February 28, 1877, may be allowed under said act or subsequent laws, as held by the Assistant Attorney-General on submission to him of the question. Charles Lovely (Asst. Sec. Hawkins), 2 P. D., 288.

A pensioner on account of loss of "a hand and a foot" is not entitled to a rating for such disability under either section 4697 or section 4698, Revised Statutes, the act of June 18, 1871, or the act of June 16, 1880. Affirming former decision herein, 13 P. D. (o. s.), 470, decision in Charles Lovely, 2 P. D., 288, and ruling 222. Oscar Dunlap (Asst. Sec. Hawkins), 2 P.D., 291. (e) Hernia.

The rule of the office allowing one-half of a total pension for single uncomplicated hernia is approved, and subsequent increase must be governed by the provisions of section 46984, Revised Statutes. Arthur Hendricks (Actg. Sec. Bell), 7 P. D. (0. s.), 195.

In cases of hernia on one side, not complicated, small and easily retained by truss, the rate of pension should be for onehalf disability. Instructions (Sec Kirkwood), 8 P. D. (o. s.), 366.

In similar cases, as above, of double hernia, the rate of pension should be three-fourths. Ibid.

In cases of hernia of one side, so large as to be difficult to retain by truss, rate should be three-fourths or total, depending on degree of difficulty in retaining. Ibid.

In cases of double hernia, so large as to be difficult to retain by a truss, rates may be double those allowed for hernias retained without difficulty. Ibid.

In cases above mentioned, complications may exist which may warrant allowance of higher rates than stated. Ibid. 13201-27

6. Particular disabilities—Continued.

(c) Hernia-Continued.

In cases where hernia can not be controlled and retained by a truss, the disability must be estimated by comparison with that produced by the loss of hand or foot, or with cases entitling to a higher rate than for loss of hand or foot. Ibid.

With a view to secure uniformity in the rates of pension which have been heretofore allowed, in excess of those indicated, the cases should be readjusted from the date of last payment, but no case should be disturbed, except where it clearly appears that the rates exceed those which should have been allowed. Ibid.

(f) Leg, loss of one, and total disability of other.

7. Arrears.

See SUBTITLE 2 (a).

Arrears of pension under the act of March 3, 1879, can only be allowed at such rates as were established by the laws in force over the period for which the arrears are computed. James S. Coleman (Sec. Teller), 14 P. D. (o. s.), 239.

8. Ante-rebellion pension-special act.

Under section 3 of the act of July 25, 1866, the pensions of those whose right to pension accrued subsequent to the war of the Revolution and prior to March 4, 1861, should be rated, from and after the passage of said act, the same as are the pensions of those whose right to pension accrued under acts passed since March 4, 1861; and pension allowed by special act is, under section 15 of the act of July 27, 1868, subject to be varied in amount by the general laws which may be in force at each successive period when pension becomes payable. Widow of David Porter (Sec. Cox), 7 L. B. P., 111.

9. Under act of July 27, 1868 (sections 13 and 15).

The provisions of section 13 of the act of July 27, 1868, apply to all classes of pensions except those granted by special act and those wherein pension has been granted on account of services rendered during the war of the Revolution, in which last-named class pension should continue without any reduction of rate, but pensions granted by special act should, as provided in section 15 of said act of July 27, 1868, be increased or reduced in accordance with the ratings prescribed in the general laws in force at each successive period when such pensions become due and payable. Communication to the Second Comptroller of the Treasury (Sec. Cox), 7 L. B. P., 169.