Hill

Appellee' recovered judgment on a contract of war risk insurance upon the ground that she became totally and permanently disabled while the policy was in force. The sole question on this appeal is whether or not there is substantial evidence that she was totally and permanently disabled at the time her policy lapsed August 1, 1919.

The appellee served as a trained nurse in the military service of the United States from March 28, 1918 to the date of her discharge February 3, 1919.

'The evidence of the appellee supports the conclusion that during her service and at the time of her discharge she was suffering from pulmonary tuberculosis, mod- --■■■■ ■ ■ erately advanced,- and uncompensated mitral regurgitation, myocarditis, and aortitis.

It is claimed, and it must be conceded, that the appellee’s heart condition, and the diagnosis that the tuberculosis was moderately advanced, differentiates her case from those in which it has been held that incipient tuberculosis is a curable disease and that recovery for- total and permanent disability cannot be based upon such a diagnosis. The testimony of experts called by the appellee, who had made physical examinations of her, was to the…