He filed a claim for pension December 24, 1879, more than fifteen years
after discharge, in which he claimed that on the 15th day of January,
1864, he received an injury to his back by slipping and falling upon the
ground.
After a thorough examination this claim was rejected on the ground that
his disability existed prior to enlistment.
The beneficiary filed a claim for pension December 3, 1885, alleging the
death of the soldier April 26, 1885. This claim was also rejected, on
the ground that the death causes, "nervous prostration and spinal
trouble," were not due to the service.
Both of these cases were appealed to the Secretary of the Interior, and
in the decision of said appeals it is stated that upon an application
for a discharge from the service the soldier first set up an injury to
his back from a fall while on drill; that the regimental surgeon refused
to entertain this proposition; that the next day the soldier returned,
and upon the representations of himself and his captain that his trouble
dated back of the alleged accident upon drill and was chronic the
certificate for discharge was made out, and pursuant thereto his
discharge was granted.
I am of the opinion that, considering the cause of death and all the
facts and circumstances surrounding this case, the certificate of
discharge which the soldier himself procured to be made out should stand
as stating the true origin of his disability; and if the certificate was
set aside and all the facts tending to support it were disregarded, the
cause of death would still, in my opinion, appear to be disconnected
with military service.
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