Anderson and Repatriation Commission

[2003] AATA 383

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 383

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2001/1305

VETERANS  DIVISION		)
Re		NORMAN ANDERSON

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr S. Webb

Date29 April 2003

PlaceSydney

Decision

The Tribunal determines to set aside the decision under review and, in substitution therefor, decides:

(a)       to affirm the decision that bilateral sensorineural hearing loss and tinnitus are war-caused; and

(b)       the Applicant’s post traumatic stress disorder (PTSD) is war-caused; and

(c)       the Applicant is entitled to a disability pension at 80 per cent of the General Rate on and from 15 August 1999.

[Sgd] Mr S. Webb, Member

CATCHWORDS

VETERANS' ENTITLEMENTS - disability pension – bilateral sensorineural hearing loss and tinnitus - post traumatic stress disorder - generalised anxiety disorder - diagnosis – whether war caused - whether the veteran experienced a severe stressor or a severe psycho-social stressor – impairment rating

LEGISLATION

Veterans' Entitlements Act 1986 ss 9, 13, 22, 119, 120, 120A

Repatriation Medical Authority Statement of Principles Instrument Number 3 of 1999 concerning Post Traumatic Stress Disorder (as amended by Instrument Number 54 of 1999)

Guide to the Assessment of Rates of Veterans' Pensions 5^th Edition

AUTHORITIES

Repatriation Commission v Delidio (1998) 83 FCR 82

Benjamin v Repatriation Commission [2001] FCA 1879

Repatriation Commission v Budworth [2001] FCA 1421

Repatriation Commission v Gosewinckel (1999) 59 ALD 690

Repatriation Commission v Cooke (1998) 90 FCR 307

Re Perkins and Repatriation Commission [1998] S97/187

Re Budworth and Repatriation Commission [2000] AATA 127

Re Chaplin and Repatriation Commission [2000] AATA 688

East v Repatriation Commission (1987) 16 FCR 517

Re Slattery and Repatriation Commission [1998] Q96/1011

Repatriation Commission v Hill [2002] FCAFC 192

Freeman v Repatriation Commission [2002] FCA 576

Repatriation Commission v O’Brien (1985) 155 CLR 422

REASONS FOR DECISION

29 April 2003 Mr S. Webb, Member

1.    This is an application by Mr Norman Anderson (“the Applicant”) for review of a decision by the Repatriation Commission (“the Respondent”) dated 21 July 2000 to refuse his claim for post traumatic stress disorder (“PTSD”).  The Respondent accepted his claim for bilateral sensorineural hearing loss with tinnitus and granted disability pension at 30 percent of the General Rate (Exhibit T2).  The Veteran’s Review Board reviewed the Respondent’s decision on appeal, deciding on 28 June 2001, to affirm the decision in relation to PTSD  and set aside the decision in relation to the assessment of the veteran’s pension, substituting therefor, that pension be assessed at 40 per cent of the General Rate (Exhibit T13).

2.    A hearing in this matter was held before the Tribunal in Sydney on 4 February 2003 at which the Applicant and Mrs Jenelle Anderson gave evidence.  The Applicant was represented by Mr Dawson of counsel.  The Respondent was represented by Mr Modder, a Department of Veterans’ Affairs advocate.  Mr P. Mulcare and Mr J. Tilbrook also gave oral evidence during the hearing.

3.    The following documents were placed into evidence before the Tribunal:

Exhibit