Wilson

Ephraim W. Wilson, a veteran of the World War, paid his insurance premiums on his $10,000 war risk insurance until January, 1926. On the 24th of February, 1930, the insured filed a claim with the United States Veterans’ Bureau for a compensation for disabilities. In June, 1930, the Bureau held he had been suffering from compensable disability from June 1, 1921, and therefore, beginning July 31, 1930, paid compensation for total and permanent disability and also for one year prior thereto upon his rated disability. Section 210, World War Veterans’ Act 1924, as amended by Act July 3, 1930, § 19 ( 38 U.S.C.A. § 499 ) ; section 310, War Risk Insurance Act, 40 Stat. 398 , 408.

The veteran brought an action to recover for total and permanent disability which he claimed to have suffered from and after January 21, 1925 and for the recovery of the insurance premiums paid by him after that date. The complaint contained a second count which was subsequently abandoned, and, hence need not be considered further. A third count was based upon the provisions of a statute enacted by Congress in 1924, and amended in 1926 (section 305, World War Veterans’ Act 1924, amended July 2, 1926, c. 723, §…