5 10 15 20 25 CHAPTER I. CLASSES OF PERSONS ENTITLED, WITH RATES, (Loyalty is presupposed in all cases.) INVALIDS. Any person disabled by reason of a wound received, TITLE. Bases sufficient invalid pensions. or disease contracted, in the military or naval service of in all claims for sailor, &c., though (See sec. 10, act Any pilot, engineer, sailor, or other person, who, while Pilot, engineer, employed upon a gunboat or war vessel (other than a not mustered. transport or hospital ship) of the United States, though July 14, 1862.) not regularly mustered, has been incapacitated for ser vice, unteers. (See sec. act July 4, 1864. Any person who, while voluntarily serving for the time Unenlisted volbeing with any regularly organized military or naval 9, force of the United States, or in any engagement with rebels or Indians, has been disabled in consequence of wounds received in battle in such temporary service. Any acting assistant or contract surgeon, who, while Acting assistant actually performing the duties of an assistant surgeon geons. (See sec. with any military force in the field, or in transitu, has been disabled by any wound received or disease contracted. or contract sur 2, act Mar. 3, 1865.) Limitation as to fire Engineers, firemen, and coal-heavers, in the naval ser- engineers, vice, when the disability was incurred subsequent to men, and coalMarch 31, 1842. heavers. (See sec. 2, act Aug. 11, 1848.) Where, in any of the above-named cases, the disa- Bar by failure to apply within bility has ceased before the filing of the claim, if its the prescribed 30 cause originated prior to March 4, 1861, and the claim be not filed within three years from discharge from the service in which the cause originated; or, if it originated since March 4, 1861, and the claim be not filed within five years from the commencement of the disa35 bility: there is no title to pension. 40 time. es sential to entitle to di-ability origina When the cause of the disability originated subse- Conditions quent to July 27, 1868, to entitle to pension, it must pension where have originated in the line of duty; and, if the person ted subsequent to was in the military service, while actually in the field (See sec. 2 of act or on the march; or at some post, fort, or garrison; or July 27, 1868. of said date.) Renewal of pensions. Restoration of pensioners who re rectionary States. if in the naval service, was at the time borne on the In accordance with the provisions of the act of Febsided in the insur- ruary 4, 1862, the names of all pensioners who resided within the insurrectionary States during the rebellion were dropped from the pension rolls. All of that class who remained loyal can be restored. Where debarred by lack of record Sec. 6, Act July 4, 1864.) 5 10 15 No claim filed on or before July 4, 1864, and none evidence. (See filed after that date not completed within five years from the time of filing, will be allowed, unless satisfactory evidence as to disability in invalid cases, or as to disability and death in other cases, be furnished by the 20 records of the War Department. Rates. Eight dollars. Ten dollars. Non-commissioned officers and privates, including all persons of like grade, whether in the army, navy, or marine corps, for total disability, eight dollars per month. Passed midshipmen, midshipmen, captains, and paymasters' clerks, second and third assistant engineers, master's mates, and all warrant officers, ten dollars per month. 25 Second lieutenants and enrolling officers in the army, 30 and first assistant engineers and pilots in the navy, Fifteen dollars. fifteen dollars per month. Seventeen dol lars. (See act of April, 1864, and March, lains.) First lieutenants, adjutants, deputy provost marshals, regimental quartermasters, assistant surgeons, acting assistant or contract surgeons, seventeen dollars per 35 month. Captains, provost marshals, chaplains, commissaries, 1867, as to chap and assistant quartermasters, in the army; and professors of mathematics, masters, assistant surgeons, Twenty dol assistant paymasters and chaplains, in the navy, twenty 40 dollars per month. lars. Majors and surgeons in the army; and lieutenants, surgeons, chief engineers, and paymasters, (respectively ranking with lieutenants by law,) and passed assistant Twenty-five dol. Surgeons, in the navy, twenty-five dollars per month. Lieutenant colonels and all officers of a higher rank lars. 45 5 in the army; and captains, commanders, surgeons, pay- Thirty dollars. rank as affecting The pension allowed will be proportionate to the Disability and degree of disability existent at the time of allowance, rate. and for the rank held when the disability commenced, provided it commenced after the date from which rank takes effect as given in the body of his commission, 10 whether mustered or not, and provided that, if not mustered, he was commissioned during the existence of a vacancy in the grade and while fitted for military duty, Vacancy. and that the failure to muster was not his fault. Failure to muster. Commencement of original pension The original pension of an invalid will commence 15 from date of discharge from the service in which the of an invalid. disability originated, if, when the disability commenced in the service, the application was filed within five years from discharge from said service; or if, when the disability commenced after the discharge from said ser20 vice, the application was filed within five years from the commencement of said disability: but, in either of the above cases, if the application was not filed within the five years prescribed, it will commence from the date of filing of the last proof essential to the establishment 20 of the claim by the claimant or the party prosecuting the claim, except that in cases of insane persons, who Exceptions for previous to the expiration of the five years were without guardians or other proper legal representatives, the limitation will commence at the date of appointment. 25 And, in cases where the applicant shall have been in the service for any time during said five years, the limitation will be extended for that length of time. If, however, the claim is for disability which commenced in service prior to March 4, 1861, the pension will commence from the date of completing the testimony. 30 . The rate of pension will vary with the disability, except that the disability provided for by section 1 of act of June 6, 1866, must be probably permanent. insane. Limitation ex tended during term of re-enlistment. Claims of prior the three years wars restricted by limitation. Increase. Commencement Increase of pensions will commence from the time of of increase. 35 receipt at the Pension Office of certificate of examining War of 1861. surgeon, which sets forth the existence of said increase, except when it is clearly shown by said certificate that the increase certified existed prior to said date, when the said increase of pension will commence at the date of 40 its existence as certified, save in cases of higher rate of July 4, disability provided for by the acts of July 4, 1864, June 6, 1866. 1864; Mar. 3, 1865, and Rate of increase from July 4, 1864. Rate of increase March 3, 1865, and June 6, 1866, in which such increase By the act of July 4, 1864, pension previously granted 5 By the act of March 3, 1865, pension previously from Mar. 3, 1865. granted for loss of one foot and one hand is increased to twenty dollars, from March 3, 1865, to June 6, 1866. 10 The act of June 6, 1866, grants after that date, in by act of June 6, lieu of the above, for total and permanent loss of both hands, or of the sight of both eyes, or permanent and nearly utter helplessness, twenty-five dollars. Rates provided 1866. Loss of only eye. Increase of rate of pensioners of prior wars. Ending. Arrears. For loss or total and permanent disability of both feet, or of one hand and one foot, or for other total and permanent disability for manual labor, twenty dollars; and for loss of one hand or one foot, or equivalent disability, fifteen dollars. The act of July 27, 1868, grants to those who, having 20 entered the service with but one eye, have lost the same, the sum of twenty-five dollars per month, from June 6, 1866, provided they were entitled prior to the passage of the act of said last-named date to a pension less than that amount. (See sec. 6, act July 27, 1868.) From and after July 25, 1866, all persons who may have been or shall be pensioned under acts passed prior to March 4, 1861, shall be entitled to same rate as those of same class pensioned under the act of 1862, and subsequent acts. Both original and increased pensions will end when the disability ceases. 25 30 When a pension, title to which accrued subsequent to March 4, 1861, has been granted, to commence at the date of filing the claim or subsequent thereto, if 35 the application upon which said pension was granted was filed within five years after the right thereto accrued, and adjudicated after June 6, 1966, the arrears debarred Mar. 3, 1865, de- Will be allowed to the pensioner for all the period from of adjudication of the date of discharge to date of commencement of pen- 40 Bar, by act of pendent upon time claim. sion; and if adjudicated prior to June 6, 1866, no pension can be allowed for such time as the soldier may have been in the service of the United States, and drawn full pay therefor, between March 3, 1865, and June 6, 1866. |