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10. Under act of June 27, 1890-order 164.

Under Order 164 the ratings recommended for the several disabilities found should not be added together in establishing a rating under act of June 27, 1890, but if the sum of the disabilities found would entitle to a "6/18" rating under the general law the minimum rate under act of June 27, 1890, should be allowed. Henry H. Weike (Asst. Sec. Bussey), 6 P. D., 193.

(a) Contra.

When by Order No. 164 of the Commissioner of Pensions, October 15, 1890, it was declared that disabilities under the act of June 27, 1890, should be rated as if of service origin, the very principle which governed ratings under said act was dis placed and a rule applicable to a different law was substituted. Charles T. Bennett (Asst. Sec. Reynolds), 7 P. D., 1.

Rates under said act are to be graded between substantial impairment of ability to earn a support by manual labor, entitling to minimum ($6) rating, and inability to earn practically any support whatever, thereby entitling to the maximum (812) rating. Francis Keenan (Asst. Sec. Reynolds), 7 P. D., 52.

Claimant having three external piles, each one-fourth inch in diameter, and numerous internal piles, from one-eighth to one-half inch in diameter; considerable tenderness in region of liver; slight pterygium of both eyes, sight of one defective, but otherwise sound: Held, Rating of $8 is proper, although the ratings recommended for each disability aggregate $20. Henry Medley (Asst. Sec. Bussey), 6 P. D., 102.

As claimant is rated under his pending claim under the act of June 27, 1890, at the same rate as he is now receiving under the act of January 29, 1887, rejection of said claim was proper. Ibid.

11. Under special act.

Rate fixed by special act can not be varied under the provisions of the general law. Austin R. Mills (Sec. Schurz), 4 P. D. (o. s.), 186.

The rate not being specified in the special act under which claimant is pensioned, is determined by the general law, under which $30 per month is the highest rate allowable on account of his disability, the evidence showing a total incapacity to perform manual labor, but not total helplessness requiring regular aid and attendance. George Ziefle (Asst. Sec. Bussey), 4 P. D., 14.

12. Widow's pension.

A pensioner, previous to his death, was in receipt of a pension of $72 per month under the provisions of the act of June 16, 1880, and after his death a pension certificate granting $30 per month was issued to his widow under section 4702, Revised Statutes, but the latter claims to be entitled under that section, as widow, to the same amount of pension which her husband was in receipt of, viz, $72 per month: Held, that the widow's pension is limited to the amount given for "total disability” by section 4695, Revised Statutes. Actg. Atty. Gen. Phillips, 18 Op., 39.

The claim of Mrs. Burnett for a pension, as widow, considered in connection with the acts of June 18, 1874, and June 16, 1880, and Held, That those acts did not change or increase her rights, which are still governed, as to the amount of the pension to which she is entitled, by section 4695, Revised Statutes. Atty. Gen. Brewster, 18 Op., 73.

Pension to widows, under section 4702, Revised Statutes, is the pension for "total disability" granted by section 4695, Revised Statutes. Burnett v. U. S., 116 U. S., 158.

Where widow of a private soldier pensioner was married to said pensioner subsequent to March 19, 1886, she is entitled to a pension of $8 per month. Mary Ellen Ransbottom (Asst. Sec. Reynolds), 7 P. D., 141.

The rate of widow's pension provided for in sections 4730 and 4731, Revised Statutes, is, by the provisions of section 4712, Revised Statutes, fixed by the provisions of section 4702 and section 4695 at the rate that her husband would have been entitled to receive for "total disability," and the term "total disability" named in the various sections refers to the "total disability" for which section 4695 fixes the maximum rates. Sarah J. Paynter (Asst. Sec. Reynolds), 8 P. D., 16.

13. Tables of rates.

(a) Rates fixed by law.

For total disability (section 4695, Revised Statutes):

$30, lieutenant-colonel and higher rank.

$25, major.

$20, captain.

$17, first lieutenant.

$15, second lieutenant.

$10, Navy and warrant officers.

$8, private.

For permanent and specific disabilities:

Act of February 12, 1889; $100, loss of both hands.

Act of June 17, 1878; $72, loss of both hands, both feet, or both eyes.

13. Tables of rates-Continued.

(a) Rates fixed by law-Continued.

Act of March 4, 1890; $72, total and permanent helplessness.
Act of July 14, 1892; $50, frequent and periodical attendance.
Act of June 16, 1880; $50, increase to $72.

Act of August 4, 1886; $30, $36, $45, divisions of $18.
Act of March 3, 1879; $37.50, amputation at hip joint.
Act of March 3, 1885; amputation arm at shoulder joint,
$37.50.

Act of February 28, 1877; $36, loss of hand and foot.
Section 4698, Revised Statutes; $31.25, $24, $18, $13.
Act of June 18, 1874; $31.25.

Act of August 27, 1888; $30, total deafness increased to.
Section 4697, Revised Statutes; $25, $20, $15.

Act of June 18, 1874; (2) $24, loss of arm at or above elbow and leg at knee.

Act of March 3, 1883; $24, $30, divisions of $18.

Act of March 19, 1886; $12, increase of widow's pension.
Act of August 5, 1892; $12, army nurses.

Act of January 5, 1893; $12, increase of destitute and disabled Mexican soldiers.

Act of January 29, 1887; 88, Mexican soldiers and widows. Act of July 27, 1892; $8, Black Hawk, Creek, Cherokee, and Seminole wars.

Act of June 27, 1890; 86 to $12, proportioned to incapacity, etc.

(b) Rates fixed by the Commissioner for disabilities not specified by law.

Anchylosis of shoulder, 12/18.

Anchylosis of elbow, 10/18.

Anchylosis of knee, 10/18.

Anchylosis of ankle, 8/18.

Anchylosis of wrist, 8/18.

Loss of sight of one eye, 12/18.

Loss of one eye, 17/18.

Nearly total deafness of one ear, 6/30.

Total deafness of one ear, 10/30.

Slight deafness of both ears, 6/30.

Severe deafness of one ear and slight of the other, 10/30.
Nearly total deafness of one ear and slight of the other, 15/30.
Total deafness of one ear and slight of the other, 20/30.
Severe deafness of both ears, 22/30.

Total deafness of one ear and severe of the other, 25/30.
Deafness of both ears existing in a degree nearly total, 27/30.
Loss of palm of hand and all the fingers, the thumb remain-
ing, 17/18.

Loss of thumb, index, middle, and ring fingers, 17/18.
Loss of thumb, index and middle fingers, 16/18.

13. Tables of rates-Continued.

(b) Rates fixed by the Commissioner for disabilities not specified by

law-Continued.

Loss of thumb and index finger, 12/18.

Loss of thumb and little finger, 10/18.

Loss of thumb, index and little fingers, 16/18.

Loss of thumb, 8/18.

Loss of thumb and metacarpal bone, 12/18.

Loss of all the fingers, thumb and palm remaining, 16/18.
Loss of index, middle, and ring fingers, 16/18.

Loss of middle, ring, and little fingers, 14/18.

Loss of index and middle fingers, 8/18.
Loss of little and middle fingers, 8/18.
Loss of little and ring fingers, 6/18.
Loss of ring and middle fingers, 6/18.
Loss of index and little fingers, 6/18.

Loss of index finger, 4/18. (See note.)

Loss of any other finger without complications, 2/18. (See note.)

Loss of all the toes of one foot, 10/18.

Loss of great, second, and third toes, 8/18.

Loss of great toe and metatarsal, 8/18.

Loss of great and second toes, 8/18.

Loss of great toe, 6/18.

Loss of any other toe and metatarsal, 6/18.

Loss of any other toe, 2 18. (See note.)

Chopart's amputation of foot, with good results, 14/18.
Pirogoff's modification of Syme's, 17/18.

Small varicocele, 2/18. (See note.)

Well marked varicocele, 4 18. (See note.)

Inguinal hernia which passes through the external ring, 10/18. Inguinal hernia which does not pass through the external ring, 6 18.

Double inguinal hernia, each of which passes through the external ring, 14/18.

Double inguinal hernia, one of which passes through the external ring and the other does not, 12/18.

Double inguinal hernia, neither of which passes through the external ring, 8, 18.

Femoral hernia, 10 18.

[NOTE.—The act of March 2, 1895, fixes the minimum rate of pensions at $6 per month.]

See also AID AND ATTENDANCE; AMPUTATIONS; APPEAL; ARREARS; BLINDNESS; CERTIFICATES (Of Examination); INCREASE; INSANE PERSONS; JURISDICTION; MEDICAL REF. EREE; MINORS; RANK; REIMBURSEMENT; RESTORATION; SPECIAL ACT.

RECONSIDERATION.

By the Pension Bureau-when warranted.

When no reason is assigned by an applicant or an attorney why a decision given by the Pension Office should be reconsidered, and no new evidence bearing on the point on which the claim was rejected is presented, that office may properly refuse to reconsider its action. Samuel Short (Sec. Kirkwood),

8 P. D. (0. s.), 314.

Where a claim has once been adjudicated and the evidence presented for reconsideration reveals the fact that no pensionable disability exists, rejection was proper. Samuel Wardlow (Asst. Sec. Hawkins), 1 P. D., 266.

See also APPEALS; PRACTICE; RERATING; RES ADJUDI

САТА.

RECORDS.

See DESERTION; EVIDENCE; FEE; SERVICE; WAR DEPARTMENT.

RECURRENT DISABILITY,

See ORIGIN.

REDUCTION.

1. Commissioner's power-act of June 21, 1879.

2. When proper, generally.

(a) Must be based on certificate of examination.

(b) When subsequent law fixes a less rate for the pensioned disability.

3. When based on certificate not showing decrease, erroneous.

4. Clerical error-act of December 21, 1893, not applicable.

1. Commissioner's power-act of June 21, 1879.

Under the act of June 21, 1879, the Commissioner of Pensions had authority to reduce appellant's pension from $72 to $30 per month, and the fact that said pension was subsequently increased to $50 per month gives claimant no right, under act of June 16, 1880, to have his pension at the rate of $72 per month. Citing with approval Lucinda Gaskill, Patrick Preston, John Douglas, William L. D. O'Grady, William H. Garrison, Joseph Faulkner, and Uria W. Romine, 1 P. D., 29, 41, 52, 222, 262, 292, and 299. Margaret Gaw (Asst. Sec. Hawkins), 1 P. D., 369.

2. When proper, generally.

Where, in a claim for increase of pension, it appears upon satisfactory evidence that the pensioner is receiving a higher pension than that to which he is entitled, the claim for increase

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