Allan and Repatriation Commission

[2005] AATA 526

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 526

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No  Q2003/756

VETERANS’ APPEALS DIVISION		)
Re		MARCEL ALLAN

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member B J McCabe

Date6 June 2005

PlaceBrisbane

Decision I am satisfied the applicant suffers from an anxiety disorder and alcohol dependence. I accept those conditions are related to his war service in Vietnam. The decision under review is set aside. The date of effect is 28 May 2002.

...................[Sgd].......................

SENIOR MEMBER  

CATCHWORDS

VETERANS’ AFFAIRS – Veterans’ entitlements – disability pension – war-caused injury during operational service – diagnosis of psychiatric conditions in issue – post-traumatic stress disorder – anxiety disorder – alcohol dependence or abuse – date of onset – applicant suffered a severe psychosocial stressor – applicant suffers from anxiety disorder and alcohol dependence – the applicant’s conditions are attributable to his eligible service – decision under review is set aside.

Veterans’ Entitlements Act 1986, s 120

Benjamin v Repatriation Commission (2001) 70 ALD 622; (2001) 34 AAR 270; [2001] FCA 1879

Repatriation Commission v Deledio (1998) 83 FCR 82; (1998) 49 ALD 193; (1998) 27 AAR 144

Youngnickel v Repatriation Commission [2004] FCA 1691

REASONS FOR DECISION

6 June 2005  Senior Member B J McCabe

introduction

1.      This is an application for review of a decision of the Repatriation Commission.  On 20 November 2002 a delegate of the Repatriation Commission refused the applicant’s claim that post traumatic stress disorder (PTSD) and alcohol dependence or abuse were related to his war service.  On 17 June 2003 the Veterans’ Review Board affirmed that decision.

2.      The Tribunal heard the matter in Townsville on 14 July 2004.  The applicant was represented by Mr Honchin of counsel.  The respondent was represented by Mr Stoner, a departmental advocate.

3.      After hearing all of the evidence on that occasion, I had doubts about the diagnosis of PTSD. Consistent with the decision of the Full Court in Benjamin v Repatriation Commission (2001) 70 ALD 622, I asked the parties to obtain further medical advice. The parties did so, and the hearing resumed in Townsville on 10 March 2005. Mr Honchin and Mr Stoner made additional submissions.

4.      For reasons I will explain, I am satisfied Mr Allan suffers from a compensable service-related condition.

material before the tribunal

5. The Tribunal was provided with the documents compiled pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 (“the T-documents”). The following documents were also tendered into evidence:

·Statement of the applicant dated 29 November 2003 (exhibit 2);

·Report of Dr Mulholland dated 30 March 2004 (exhibit 3);

·Two historical reports of Writeway Research, one written by Lt Col Warren Barsley (Retd) dated 7 July 2004, the other by John Tilbrook dated 3 July 2004 (exhibit 4);

·Statement of Ian Laurie dated 4 June 2004 (exhibit 5);

·Statement of Melville Knispel dated 5 July 2004 (exhibit 6);

·Undated statement of Lt Col Hugh Conant (exhibit 7);

·Report…