attending the University of Michigan. His request for appeal, together with a letter from Mr. Patrick E. Carroll, was reviewed in The Adjutant General's Department, and on January 26, 1948, the Adjutant General informed Mr. Carroll that unless evidence was submitted to show that his condition was now different, that since he had been relieved from active duty subsequent to the action of a retiring board which found him not permanently incapacitated for active duty, he could not present his case to the disability review board. Comment. If it is shown that Lieutenant Wright's present condition warrants appearance before another Army retiring board, and if he wishes to appear before such a board, it can be done. The awarding of 100 percent disability by the Veterans' Administration on the surface would appear to be enough, but it is not known what this award was given for, or whether this condition is permanent. (P. 584) Subject: Second Lt. Mildred H. Judy, N-725901, Army Nurse Corps. While on duty in Australia, during the war, she had to stop her work on several occasions because of severe headaches. Following this she returned to the United States, and after her return she had only two or three attacks prior to admission to Newton D. Baker General Hospital on March 26, 1945. Examination there showed an abnormal electroencephalogram, and as she was apparently incapacitated because of her infrequent headaches, and she repeatedly expressed the desire to return to duty, the disposition board, meeting on April 23, 1945, at that hospital returned her to limited service, within the United States, because of migraine, chronic, moderate, cause undetermined, improved; line of duty, no; EPTS; and not permanently aggravated by military service. Following her return to duty she found that she continued to have recurring attacks of migraine, which incapacitated her from 3 to 10 days a moth. She was again admitted to the Newton D. Baker General Hospital on May 21, 1945, and because of her inability to continue with her duties, because of the recurring headaches, the disposition board meeting on September 19, 1945, recommended her appearance before an Army retiring board, because of: Migraine, chronic, severe, cause undetermined; line of duty, no; EPTS; unimproved, and not permanently aggravated by military service. The migraine began at the age of 14 years, and had been present ever since. The retiring board found that she was permanently incapacitated for active service, for the same diagnosis, not an incident of service, nor aggravated thereby (meeting was on October 11, 1945). This was concurred in on October 29, 1945, by the Surgeon General's Office, and it was recommended that she be discharged from the Army. She was then separated, after the findings were approved by the War Department, effective November 9, 1945, following her terminal leave. There is no record of her becoming incapacitated because of Parkinson's disease since her separation, and there is no communication from Mr. Patrick Carroll in the 201 file, neither is there any record of subsequent illness in the Surgeon General's file. (P. 585) Subject: First Lt. Anthony L. Stancato, 0-1306332, Inf-AUS. The This officer was hospitalized from July 9 to 29, 1943, at the station hospital, Fort Jackson, S. C., approximately 6 months after coming on extended active duty as an officer: From there he was transferred to Fitzsimons General Hospital, for treatment because of active pulmonary tuberculosis, minimal, upper right lung field. He remained under treatment there until February 12, 1944. disposition board at Fitzsimons General Hospital met on December 23, 1943, and found that he had: Tuberculosis, pulmonary, chronic, quiescent, upper lobe, right lung, minimal "A"; line of duty, No; existed prior to active duty as an officer. The opinion of the board was that this officer was physically disqualified for active military duty. The board recommended that he be ordered to appear before an Army retiring board. The Army retiring board met on January 29, 1944, and found that Lieutenant Stancato was permanently incapacitated for active service because of the diagnosis given above, and that the incapacity originated at some unknown time prior to December 31, 1942, when this officer entered upon extended active duty, and that the incapacity was first manifested on or about June 7, 1943, by X-ray only, and that the incapacity was not an incident of the service. The officer believed that it had been aggravated by military service, as following separation he was under treatment at a Veterans' Administration hospital, with active pulmonary tuberculosis. He had been relieved from active duty, following approval of the Army retiring board findings, on March 19, 1944, by reason of physical disability. The Department of the Army retiring board on September 17 reviewed the Army retiring board in this case and adhered to the previous action of the Department of The Army. The Army disability review board heard this officer's appeal of his case on September 29, 1946, at which time he was hospitalized at Oteen, N. C., with what is described as far advanced tuberculosis, by his counsel. After a very careful review of his case including all the records, the disability review board reversed none of the previous findings, and concluded that any increase in symptoms or additional physical findings while in active military service as a commissioned officer is not beyond the natural progress of the disease and does not constitute permanent aggravation. His counsel was notified of this action, by the Adjutant General. (P. 585) Subject: Col. Raymond P. Pennoyer, O-145927, Infantry, age 51 (January 1942). The entrance physical examination on this officer, on December 17, 1941, showed the following defects: Right hernia scar; mild myopia, left, and moderate presbyopia, bilateral; partial upper dentures; hearing left ear, 3/20. He was admitted to the hospital, Woodrow Wilson General Hospital, October 18, 1943. On November 17, 1943 a carcinoma (cancer), localized malignant change in a polyp, sigmoid colon was removed, together with a diversional colostomy (opening of the bowel into the abdominal wall). He was also found to have multiple polyps in the recto-sigmoid colon; line of duty, yes. On December 3, 1943, resection of polyps in the recto-sigmoid colon was done, and on January 14, 1944 the colostomy was closed. The disposition board meeting at the hospital on July 29, 1944 recommended that he appear before an Army retiring board. The Army retiring board found him not permanently incapacitated for active service, and recommended a period of 6 months temporary limited service, with reevaluation at the end of that time in an Army general hospital. Colonel Pennover appealed this finding to the president of the board, and the board reconvened his case on September 13, 1944 and fouhd him permanently incapacitated for active service because of (1) polyps multiple, recto-sigmoid colon; (2) carcinoma, localized, malignant change in polyp, sigmoid colon; line of duty, yes. The Surgeon General's Office did not concur in these findings, and returned it to the board for further consideration, stating that the officer now had no complaint relative to the GI tract, except a small fistula at the site of the old colostomy, and that there was no evidence that the carcinoma had recurred. The board reconvened on September 13, 1944, and reached the same findings. The Surgeon General's Office again did not concur, and recommended that this officer be reexamined after a period of 6 months temporary limited service. Colonel Pennoyer waived his right to appear before the second reconvened board. The board found that he was not actually incapacitated at that time (October 26, 1944), however, in view of the operation for the removal of the carcinoma of the recto-sigmoid colon, malnutrition, partial deafness, patient's age and because of the possibility of recurrence of the malignancy, it was their opinion that this officer should be retired. The Surgeon General's Office recommended that Colonel Pennover be found incapacitated for active service because of defective hearing, right 16/20, left 12/20, not the result of an incident of service. The Secretary of War's Board approved the findings of the Army retiring board on November 22, 1944, and authorized that this officer be examined for any recurrence of his malignant condition found in the polyp that had been removed. This action was later rescinded. His case was later appealed to the Secretary of War's disability review board, on May 25, 1945. Because the action on his previous Army retiring board had not been entirely clear, action by the review board could not be taken, until he had been rehospitalized in compliance with the recommendation of the Secretary of War's board. He again met an Army Retiring Board at Deshon General Hospital on June 26, 1945. The board found him permanently incapacitated for active service, not the result of an incident of service, because of deafness mixed type, bilateral, cause undetermined, hearing AD 4/20, AS 15/20. On July 12, 1945, the Surgeon General's Office concurred in this finding. He presented his case finally to the Secretary of War's disability review board on October 16, 1945. This board confirmed the previous findings of the latest Army retiring board, and further found that inasmuch as this officer did not wish operative correction of the small fistula at the site of the old colostomy, and that it was correctible by surgery, that consideration could not be given to this condition as a permanently incapacitating defect. The VA rated him as 60 percent disabled on January 12, 1946. On April 29, 1946, the Adjutant General informed Colonel Pennoyer that if he had any additional evidence, that might have altered the decision of the review board, had it been considered, he could present it, and it would be given consideration for further appeal. He informed the Adjutant General on January 6, 1947, that the VA had increased his pension from 60 to 70 percent and thought this was enough to warrant reconsideration of his case, since he had been relieved from active duty on October 1, 1944. The Adjutant General informed him on February 11, 1947, that a VA rating of itself was not sufficient evidence upon which to rehear his case. (P. 585) Subject: Maj. Charles A. Bixby, O-445837, Ordnance. 1. This officer was awarded 10 percent combined ratings from May 15, 1929, and 30 percent from January 24, 1931, by VA; claim was rerated and 58 percent combined rating was granted from December 11, 1931. His claim was reviewed and rated 56 percent combined rating from October 10, 1934. Physical examination at Boston, Mass., on January 24, 1931, showed a diagnosis of: Bronchitis, chronic, moderate, asthmatic tendency, toxic heart; sterno-clavicular joint, right, residuals of peri-arthritis, traumatic, healed with increased motion of joint, and moderate functional disability; pes planus, second degree, bilateral with depressed anterior arch, and symptoms, moderate. 2. Examination on December 11, 1931, at Boston, Mass., showed the following diagnoses: Asthmatic bronchitis, moderate, approaching severe; emphysema; laryngitis, moderate; pharyngitis, moderate; pes planus, second degree, bilateral, slight pronation and symptoms. Postural changes in back. 3. On October 10, 1934, examination at Boston, Mass., showed the following diagnoses: Bronchial asthma, severe, associated with cardiac embarrassment, manifest by hypertension and tachycardia; pes planus, bilateral, third degree, with pronation and symptoms. 4. The final type physical examination on entrance on active duty showed, on February 10, 1942, the history of chronic bronchitis since 1918, for which he was drawing disability compensation from the Government. A waiver was given for the history of chronic bronchitis, and insufficient natural teeth (the X-ray of the chest showed only increased bronchial markings, and the physical examination of the chest showed no significant abnormalities). This officer entered active duty on April 15, 1942. He entered hospital overseas on September 22, 1944, with chronic bronchitis, asthma, and pulmonary emphysema, returned to United States with these conditions, and discharged to limited duty from Lovell General Hospital on February 14, 1945, with the same diagnoses; line of duty, no; EPTS. He was readmitted to the same hospital on April 23, 1945, and appeared before the Army retiring board at the same hospital on June 12, 1945, and was found permanently incapacitated for active service because of chronic asthmatic bronchitis, moderate intrinsic type; line of duty, no; but permanently aggravated by military service. Surgeon General's Office did not concur with this finding. He appealed this finding, which was later approved by the War Department, to the Secretary of War's disability review board, and the board heard his appeal on July 30, 1947. The review board reached the finding of permanent incapacity for active service, not the result of an incident of the service, and concluded that any increase in symptoms or additional physical findings recorded during active commissioned service are not beyond the natural progress of the preexisting disease and do not constitute permanent aggravation. Major Bixby was so notified on August 18, 1947, by The Adjutant General. Mr. ELSTON. All right, if you will bring the other statistics with you at the next meeting we will insert them after the Navy's figures so that we can make a comparison. The next meeting will be on Monday, at 10 o'clock. (Whereupon, at 12:45 p. m., the committee was recessed until 10 a. m., Monday, March 1, 1948.) INVESTIGATION OF DISABILITY RETIREMENT SYSTEMS IN THE ARMED SERVICES MONDAY, MARCH 1, 1948 HOUSE OF REPRESENTATIVES, Washington, D. C. The subcommittee met at 10 a. m., pursuant to recess, Hon. Charles. H. Elston (chairman) presiding. Mr. ELSTON. The committee will come to order. We will call as our first witness Admiral Harry G. Hamlet, president of the Retired Officers Association. Admiral HAMLET. Good morning, gentlemen. Mr. ELSTON. Good morning, Admiral. Have you a statement. which you would like to read? Admiral HAMLET. Yes, sir; if I may, please. Mr. ELSTON. All right, you may proceed. STATEMENT OF VICE ADM. HARRY G. HAMLET, UNITED STATES COAST GUARD, RETIRED, PRESIDENT, RETIRED OFFICERS ASSOCIATION Admiral HAMLET. I am Vice Adm. Harry G. Hamlet, United States. Coast Guard, retired. I am president of the Retired Officers Association, composed of retired commissioned officers, warrant officers, and nurses, Regular and Reserve, of the Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, and Public Health Service. I appear on behalf of our members and their dependents. and thus I speak in the interest of retired officers generally. I welcome this opportunity and I wish at the outset, Mr. Chairman, to thank you for having permitted me to appear. In making this statement, I wish to cover the subject briefly, but at the same time comprehensively, from the standpoint of the opportunities, privileges, and obligations of those Regular and Reserve officers who have been retired for physical disabilities. I likewise desire, and feel it to be my duty, to bespeak your careful consideration of the necessity for high public and official confidence in our armed forces, Regular and Reserve, now so much needed for our national defense. Retired officers generally are gratified that this investigation is being conducted because it affords opportunity for them to present to the committee facts concerning their interests and problems after a deluge of criticism of the whole system of retirement of military 7449448-18 |