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Dáil Éireann debate -
Wednesday, 7 Feb 1945

Vol. 95 No. 17

Ceisteanna.—Questions. Oral Answers. - Ex-soldiers Disability Claim.

asked the Minister for Defence if he is aware that Private Michael Dowling, of Castlecomer, County Kilkenny, No. E/431538, contracted tuberculosis during his service in the Defence Forces from the 22nd of June, 1940, to the 30th of October, 1941, that he was discharged as medically unfit for Army service, and that he has been refused a disability pension; and, if so, if he will state the grounds upon which the applicant's claim was rejected.

On 1st September, 1943, ex-Private Dowling applied for a pension under the Army Pensions Acts in respect of pulmonary tuberculosis which he claimed was attributable to his service in the Defence Forces during the Emergency Period.

The Army Pensions Board examined the applicant on the 23rd December, 1943, and found that it had not been established that the disease from which ex-Private Dowling suffered was attributable to his service in the Defence Forces during the emergency period. In the light of the findings of the Army Pensions Board the claim was refused and the applicant was notified to this effect on the 12th January, 1944.

Is the Minister not aware that ex-Private Dowling was admitted to the Army medically fit?

The applicant goes before a medical board and the medical board judges from the general information available—case history and so on—as to whether the disease is attributable to service in the Defence Forces or not. In this case the medical board decided that the disease was not attributable to service.

Is it not a fact that the applicant was medically fit on admission to the Army, and that during his service in the Army he developed pulmonary tuberculosis? Is that not the fact?

That is a question I am not prepared to go into. It is a medical question.

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