Koskey

James A. Koskey enlisted in the United States Army April 26,1918, and served until June 13, 1939. He obtained a policy of war risk insurance for $10,000 which lapsed on August 2, 1919. He became ill in May, 1920, with encephalitis lethargica and was in a state of coma for six weeks. On December 23,1931 James A. Koskey, through George A. Koskey, his guardian, brought suit against the United States on this policy of war risk insurance, ■alleging maturity thereof on August 2, 1919, by reason of total' and permanent disability of plaintiff as a result of encephalitis lethargica. Plaintiff had been rated by the Veterans’ Administration for compensation purposes as totally and permanently disabled from May 7,1920, as a result of said disease. Judgment was entered for pla-intiff on March 28, 1933. From this judgment the United States appeals.

The only question involved in the appeal is whether there was any substantial evidence of total permanent disability of appellee on or before the policy lapsed, August 2, 1919.

The judgment is based upon the finding of the trial court that the veteran was afflicted with the disease before his war risk insurance lapsed and was then totally and…