Library Collections: Document: Full Text

38. -- Concerning the ability of invalds to earn thier -sic- own living.

The surgeon must also state his opinion of the ability of tho full invalid to support himself.

There are four classes of full invalids entitled to a pension. a. Such as are not prevented from earning a living. b. Such as are partially unfit for self-support. C. Such as are pretty nearly unfit. d. Such as are entirely unfit.

The last class embraces those who are suffering from serious eye-diseases, impairing vision; from deafness, dumbness, mental diseases, epilepsy, paralysis, or total loss of limbs, offensive ulcers of face, diseases of important internal organs, and all others suffering from diseases which render labor impossible.

In relation to the other classes, the surgeon must distinctly state his reasons for one, or the other opinion expressed.

How far these men are still fit for civil offices does not concern the surgeon.

Among young men, disabled in the beginning of their service by wounds, military ophthalmia, diseases of the lungs, etc., the surgeon must also give his opinion of the prognosis of the case.

39. -- Whenever discharged soldiers claim a pension, and are sent to the surgeon for examination, he need not certify to their ineffectiveness, but must state the degree of their invalidity, only full invalids having a right to such claim. Special care must be taken in such cases with regard to the causes of the invalidity, and to the ability for self-support. If the invalid can not prove the cause of his invalidity in a proper way, the surgeon must give his opinion as to what extent the man may be believed.

As to direct injuries received in the service, it must be stated that only such as are caused by explosions of powder, burns while firing cannon, bursting of guns, injuries in drilling, falling with a horse, or from the walls of a fortress while going the rounds, are to be considered as belonging to that class. The remote effects of colds, fatigue on the march, and other unavoidable hardships, are only to be looked upon as consequences of the service, and not as immediate injuries. Injuries caused by the carelessness of the man himself do not give any claim to a pension. The surgeon has further to consider only those injuries received in the service, which are clearly proved to him to be such. If this can not be done, he must state how far it is probable.

With reference to military ophthalmia, it is difficult, and even impossible to state whether such disease was really of a contagious nature, because the usual consequences, opacity of cornea, staphyloma, etc., are after a long time often found, without the characteristic signs of the principal malady. To facilitate this examination, and to prevent mistakes, we will state that the contagious nature of a disease is probable if the invalid was among such troops as are suffering from it, if frequent relapses have occurred, and particularly, if beside the above named symptoms the state of the conjunctiva itself, swellings, granulations, etc., show it. The surgeon must state which of these circumstances lead him to these conclusions.

If veterans without wounds or other injuries are presented for examination, the surgeon must use his own judgment in determining the possibility of the accident upon which the man bases his claim.

42. -- Medical Certificates for Soldiers.

The certificates of unfitness for service, or invalidity (with the name of the authority that asks for it), must be brief and exact -- state the degree of invalidity, and its causes, so far as they are known to the surgeon, remembering particularly whether such invalidity was brought on by wounds, immediate injuries in the service, or simple consequence of the service, or not at all in connection with it.

43. -- Concerning the use of the

Whether the surgeon shall use the expression "unfit for service," or "invalid," depends on the fact whether the proper authorities intend to count him among the invalids or not. In this case, the expression "half-invalid," or "full-invalid," must be used; if not, and there is no claim for pension, "unfit for service," "temporarily unfit,' "unfit for field-service, but fit for garrison duty," or finally, "totally unfit," are the expressions.

The certificates for full invalids must also contain the opinion of the surgeon as to how far the man is able to support himself. To facilitate all this, the soldier must be furnished, by the authority asking for the examination, with a paper stating whether he claims a pension or not.

44. -- When giving such certificates to any persons subject to the draft, or soldiers in active service, the surgeon need only occupy himself with the physical condition of the man. Everything outside of this medical sphere is to be disregarded. Nor is he, either, expected to express his opinion as to the best way of supporting the invalid. The surgeon must found his opinion alone on the result of the physical examination of the soldier -- must give his certificate with the greatest regard to duty, and mindful of his responsibility under his official oath, and must also give all such testimony touching the ineffectiveness, or invalidity, under oath. Every mistake, arising from carelessness or intention, will be punished, according to law.