asked the Minister for Defence whether he is aware that Mr. Thomas Kavanagh, of Ballybay, joined the Army as a blacksmith in April, 1934, and served until August, 1941, when he was transferred to the reserve on compassionate grounds; that after a short period of absence from the country without permission he reenlisted in December, 1942, medically fit, and was finally discharged in December, 1945, medically unfit owing to his having developed disseminated sclerosis; further, that this man's disability, despite the fact that he had given almost ten years' service to his country, was declared non-attributable to service, with the result that since his discharge the support of himself, his wife and five children has been the responsibility of charitable organisations; and if, in view of the foregoing, the Minister will have the case reconsidered with a view to granting this man a disability pension.
Ceisteanna—Questions. Oral Answers. - County Monaghan Man's Army Service.
I am aware of the service rendered by Mr. Thomas Kavanagh, Lower Main Street, Ballybay, in the Defence Forces. The Army Pensions Board Medically examined him in February, 1946, and reported that they were not satisfied on evidence that the disease from which he suffered, viz., disseminated sclerosis, was attributable to his service in the Defence Forces during the emergency. I can request the board to review their report only on the ground that evidence not available prior to the issue of their report has since become available and, if Mr. Kavanagh furnishes evidence of this nature, I will consider the question of reopening his claim.
In view of the Minister's reply, I want to assure him that in my opinion there is no need for Mr. Kavanagh to produce any additional evidence. As the Minister is aware, the contributory causes of this disease—the specific causes are unknown—are fatigue, cold, exposure, heat and thermal conditions generally.
A Deputy
This would seem to be a medical dissertation.
Even if the cause is unknown, I should like to know why or for what reason the board arrived at the decision that disseminated sclerosis, as a result of which Mr. Kavanagh was invalided, was not attributable to his military service— having regard to the fact that Mr. Kavanagh's duties as blacksmith subjected him to the very conditions which are recognised contributory factors of disseminated sclerosis, namely, heat, cold, fatigue, exposure and thermal conditions generally. Probably the Minister is not aware of the fact that on a number of occasions Mr. Kavanagh was taken from in front of the furnace while lathered in sweat, chucked on the back of a lorry and taken long distances in the country to attend to other jobs. If that would not include thermal conditions generally, and exposure following fatigue, I am sure the Minister will agree with me that there are certain aspects of this question which definitely lead to that conclusion. I have some experience of cases of disseminated sclerosis. I am sorry to have to delay the House, but this case is important to the service, and I could not have it out in any other way.
I am sure the House will understand and sympathise with me if I cannot pick out a supplementary question from the speech which we have just heard. But any point there may have been in the claim contended in the question was entirely blasted by the Deputy's statement that it is impossible to ascertain the specific cause of disseminated sclerosis. Surely the Deputy does not assert that the only thermal changes to which this particular individual was subjected occurred between the years 1942 and 1945? But, as the law stands, a case of this kind can only be reopened on new evidence not previously available. I did not make that law and the Deputy's opinion does not affect that law.
The Minister refers to the years 1942-45. The Minister must realise that Mr. Kavanagh joined the Army in 1934.
He was, at that period, not pensionable for disease.
I do not think that should enter into it.
But it does.
What I want to impress on the Minister is that if the specific cause is unknown, why should the Army authorities decide that that unknown cause is not within Mr. Kavanagh's service period? Why should they decide that the unknown cause of disseminated sclerosis is outside his service period?
Surely it would be unreasonable to expect an expert and a board paid out of public funds to certify that, when the specific cause was unknown, as agreed by the Deputy, it was therefore attributable to military service during a specific period of years.
I am giving the Minister the latest recognised causes of the disease.
Question No. 15.