Accordingly the claimant's request for a presentation of the claim to the Attorney General for a decision will not be complied with, and for the reasons stated, his eligibility to pension is denied. The action appealed from is affirmed.

HARLEY S. WRIGHT

Decided April 15, 1931

Appellant alleges that he is entitled to pension under the general law for mental condition due to service. He enlisted September 12, 1925, and was discharged by medical survey in April, 1929.

Held: There is nothing to show any particular incident during service occasioning the disability developing during such service, and therefore, in accordance with the existing policy with reference to the granting of general pension in this type of case, the claim must be denied.

HINES, Administrator of Veterans' Affairs:

This appeal entered by claimant's attorney, March 3, 1931, as provided for by administration regulation No. 1, is from the action of the commissioner taken in July, 1930, rejecting the claim for pension under the general law, sections 4692-4693, Revised Statutes, of the above-named claimant filed March 24, 1930. The notice addressed to claimant states:

Your claim under the general law, filed March 24, 1930, based on dementia præcox, covering your allegation of amnesia and hallucinations is rejected on the ground that that disability cannot be accepted as having been due to your Naval service.

The question at issue is as follows:

Is this claimant's mental impairment (dementia præcox) due to his service in the Marine Corps?

In the appeal the attorney contends in effect that the records of the Navy Department indicate that the mental trouble had its origin in line of duty and the claim should, therefore, be allowed.

Claimant in his application for pension alleged that about July, 1928, "he was absent from camp for about 24 hours, returned complaining of amnesia and hallucinations, hearing voices talking to him and about him." Records of the United States Marine Corps. show that claimant enlisted September 12, 1925, at the age of 21 years and was honorably discharged April 23, 1929, upon report of medical survey at Washington, D. C. The records of the Bureau of Medicine and Surgery of the Navy Department show that claimant was treated from February 20, 1926, to March 1, 1926, for catarrhal fever,

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acute, being discharged to duty on the latter date. The record further shows:

MATAGALPA NICARAGUA.

7-19-28. Dysentery entamebic. Origin. Duty incident to service in tropics. This man admitted for observation. The day previous he absented himself from the command for 24 hours. He returned on his own accord. His statement was that on the night of 7-17-28, he retired at the usual hour. It appears that some time during the night he unconsciously arose and dressed himself and wandered away just before dawn. On 7-18-28 he regained consciousness and found. that he was outside the city for several miles in woods. As soon as he became oriented he returned alone.

On the same day the patient was admitted to the field hospital, Managua, Nicaragua, with dysentery, and was discharged "to duty. Apparently cured. 7-29-28." The record reads:

7-29-28. Stool examination on three successive days fails to show any entameba.

In August, 1928, claimant was treated for a venereal disease. Origin, not duty; misconduct. He was discharged to duty under treatment. The record further shows:

10-24-28.

Dementia præcox. Origin, duty; not misconduct. Marked delusions of persecutions.

***

Patient was on same day transferred to the field hospital, Managua, Nicaragua. October 29, 1928, no change in his condition being noted, patient was transferred to U. S. S. Sapelo with special watch for safe-keeping and transfer to United States naval hospital in United States, being first sent to Canal Zone and then to naval hospital, New York, where he was admitted, with dementia præcox, December 15, 1928. It was recorded at the time: "Chief complaint. Worry. Hallucinations, ideas of reference. Constipation and diarrhea." The history taken at this hospital showed that a sister had a nervous breakdown and that claimant

Has been hallucinating in auditory and visual fields prior to admission but denies hallucinating at present. Shows much evidence of illusional ideas and is filled with ideas of self-reference. Considerable psychomotor retardation is present.

A medical survey was made January 4, 1929, and diagnosis of dementia præcox was made based upon the history of the case and manifestations of the disease present at the time. The survey officers decided that the patient was unfit for service and recommended his transfer under suitable guard to the Naval Hospital at Washington, D. C., for further treatment.

On January 10, 1929, claimant was admitted to the Naval Hospital, Washington, D. C., and from there he was transferred to St. Elizabeths Hospital, Washington, D. C., February 1, 1929. The records of St. Elizabeths Hospital as reported as they relate to this patient, read as follows:

2-1-29. Re-admitted with: Dementia præcox. Origin. Not misconduct. Since admission he has been quiet and cooperative, but spends most of his time in a preoccupied manner and does no work. He is oriented in all spheres. He is apathetic and appears dejected. His conversation is not spontaneous but he answers questions slowly, relevantly and coherently. Marked emaciation. Cold wet cyanotic hands. Tachycardia. Secondary anemia.

2-19-29. This patient was slow and apathetic in physical and mental reactions and volunteered no information concerning his illness or present state. He however answered such questions as were asked him and replied that he had pains in his stomach, around his heart and in his head and that he had had these as far back as he could remember. He is apparently somewhat better although some of his reactions might be interpreted as depressive in form. A considerable change in his behavior has occurred in the past year and he is now sluggish inert and does not seem to have any particular interest in his environment. Every effort should be made to stimulate him with occupational therapy and also hydrotherapy.

3-21-29. Surveyed. Copy of medical survey attached.

4-23-29.

Invalided from the Naval service. No physical defects noted at time of enlistment.

It will be observed that nowhere in the record is it stated that the mental trouble is incident to the service. The statement "Origin: Duty. Not misconduct " does not indicate that claimant's mental trouble is incident to his service, in line of duty, that is, such a statement does not show that during claimant's service there was any unusual condition or incident of sufficient severity or importance to be considered as a material factor in precipitating his mental trouble in July, 1928, or in October of that year, as shown of record. Medical authorities now generally agree that dementia præcox is in a large proportion of cases due to a congenital or inherited defect of some kind. Dana, Text Book of Nervous Diseases and Psychiatry, seventh edition, page 708, after defining the disease states:

Etiology-Dementia Præcox is a disease preeminently of the developmental period of life.

Age-Most cases occur before twenty-five and the most dangerous period is from twelve to twenty-one.

In one-half the cases there is no history of insanity in the antecedents, and direct hereditary is not very often observed. The disease is due to a congenital or inherited defect of some kind, however, in about seventy percent of

For the reasons stated the action complained of is affirmed.

MARY J. DARLING, AS ALLEGED WIDOW OF TRAVERSE R. DArling

Decided April 16, 1931

Appellant contends that the evidence warrants the presumption of the death of her husband. The record discloses that the appellant has been granted the benefit of two special acts of Congress on this presumption. She and the veteran were married in 1890, and in 1910 the appellant executed an application under the act of March 3, 1899 (30 Stat. 1379), alleging desertion as of December 22, 1910. The veteran was then in the soldiers' home and did not contest the application, stating merely that while he did not feel constrained to support his wife's mother he had always done as much as possible for his wife and child, but because of the smallness of his pension he was forced to live in the soldiers' home being unable to work. The record further shows that in 1915 the veteran disappeared and failed to sign the pension roll. If he were now alive (i. e., 1931), he would be 69 years of age and would have exceeded the normal expectancy of life. At the time of his disappearance he was suffering from serious disabilities. Held: The record does not substantiate the conclusion that there was serious difficulty between the veteran and his wife, nor is it believed that he would give up his pension irrevocably and never claim it because of the strained domestic relationship existing in 1910 or because of the fact that his wife was awarded one-half of his pension, it being noted that his disappearance did not occur until five years after the granting thereof. Further, according to the statement of the applicant, she has advertised for him in an ex-service man's paper without success. He has never made further claim for pension nor is his name found on the rolls of any of the national homes. The record leads to the conclusion that the soldier is deceased.

HINES, Administrator of Veterans' Affairs:

Appeal to the Administrator of Veterans' Affairs, pursuant to administration regulation No. 1, was filed by the Hon. Albert E. Carter, a Representative in Congress from the State of California, in behalf of Mary J. Darling, from the action of the Commissioner of Pensions of March 13, 1931, in dismissing her claim for pension filed November 25, 1930.

Dismissal was on the ground that such claim was a duplicate of one filed by claimant January 25, 1928, which was rejected August 29, 1928, and no new element had been brought into the case.

All of the evidence on file will be considered for the purpose of determining whether the claimant is entitled to pension.

The question at issue is as follows:

Does the evidence on file warrant a finding that Traverse R. Darling is dead? Claim for pension as the widow of Traverse R. Darling late of Company I, First Regiment Rhode Island Infantry, was filed by claimant December 23, 1922, under the act of September 1, 1922 (42 Stat. 834), she alleging that the soldier had not drawn his pension for the past seven years, and that she had been unable to locate him or learn of his death. It appeared that the soldier was last seen

some time between December, 1915, and June, 1916. The claim was rejected March 7, 1923, on the ground of claimant's manifest inability to prove the fact of the soldier's death, and that the circumstances of his disappearance were not such as to justify the conclusion that he was dead. No appeal was taken from the action of rejection.

By special act of Congress, approved December 8, 1924, claimant was granted a pension at the rate of $12 per month, and by special act of Congress, approved March 3, 1927, she was granted a pension at the rate of $20 per month, in lieu of the pension she was then receiving. In both acts it was provided that pension should cease in the event it should at any time be found that the soldier is living. January 25, 1928, claimant filed a claim for pension under the act of May 1, 1926 (44 Stat. 382), alleging disappearance of the soldier about December 4, 1915, which claim was rejected August 29, 1928, on the ground that there was no evidence that the soldier was dead, and that the circumstances of his disappearance did not warrant a presumption of his death.

From the rejection of the last named claim appeal was prosecuted before the Secretary of the Interior, who, in a decision dated July 13, 1929, affirmed the action of rejection.

It appears that the claimant and soldier were married in 1890, and on August 19, 1910, there was received a declaration of the wife under the act of March 3, 1899, in which she stated that her husband had "deserted her on December 22, 1910 (1909)." In an affidavit submitted the same date, the claimant alleged that the veteran had failed to send her any portion of his pension since December 15, 1909, and that in March, 1910, she received information from him indicating that he was at the soldiers' home in Togus, Me. On September 13, 1910, the veteran, who was then located in the northwestern branch, National Home for Disabled Volunteer Soldiers, Wisconsin, was notified that his wife had filed claim for one-half pension on the ground of desertion since December 22, 1909. In reply to this notice the veteran stated, "I have always done the best I could and have never failed to give her half my pension up till the 22d of last December," but that when he saw his wife for the last time in December he told her he " did not want her mother around the house * * * "9 He also stated that "I love my wife but I did not feel as though her mother had any obligations on me." He further stated that because of his physical condition he was unable to do manual labor and live outside of the home, and that although he came West to work and establish a home for his wife and daughter he found that he was unable to do so because of his physical condition which necessitated his entering the home. He added to the statement: