Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2003] AATA 292
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2002/495
VETERANS' APPEALS DIVISION ) Re WAYNE ANDERSON Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Mr I R Way, Member Date28 March 2003
PlaceBrisbane
Decision The Tribunal sets aside the decision under review and in substitution therefor determines that Wayne MacArthur Anderson suffers from war-caused PTSD. The Tribunal remits the matter to the respondent for assessment of the rate of pension payable to the applicant on and from 12 September 2000. (Sgd) I R Way
Member
CATCHWORDS
VETERANS’ AFFAIRS – benefits and entitlements – PTSD – whether applicant’s PTSD is related to his war service – whether applicant has experienced a severe stressor – whether reasonable hypothesis established connecting PTSD with war-service
Veterans’ Entitlements Act 1986 ss 6, 9, 119, 120, 120A, 196
Repatriation Commission v Deledio (1998) 49 ALD 193
Dunlop v Repatriation Commission [2002] FCA 1400
Repatriation Commission v Bey (1997) 79 FCR 364Re Horton and Repatriation Commission [2003] AATA 84
REASONS FOR DECISION
28 March 2003 Mr I R Way, Member 1. This is an application by Wayne MacArthur Anderson for review of a decision of the Repatriation Commission dated 23 April 2001, affirmed by the Veterans’ Review Board on 15 April 2002, which refused the applicant’s claim for war-caused post traumatic stress disorder.
2. The Tribunal had before it the documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (T1-T6) and the following documentary evidence:
§ Exhibit A1 Affidavit of Mr De Jong dated 4 January 2003
§ Exhibit A2 Report of Dr Rosser dated 3 July 2002
§ Exhibit A3 Report of Dr Rosser dated 18 September 2002
§ Exhibit A4 Affidavit Mr Dickson dated 20 January 2003
§ Exhibit A5 Photograph with letter dated 21 January 2003
§ Exhibit A6 Report of Dr Freed dated 13 January 2003
§ Exhibit A7 Statement of Wayne Anderson dated 17 July 2002
§ Exhibit A8 Press cutting British newspaper
§ Exhibit A9 Typed notes to Dr Rosser
§ Exhibit R1 Writeway Research Report dated 19 September 2002
§ Exhibit R2 Writeway Research Report dated 5 October 2002
§ Exhibit R3 Curriculum vitae of Colonel John Church
3. The applicant, Dr Rosser and Colonel JM Church gave oral evidence. Mr AJ Dickson gave evidence by telephone. Mr M Smith appeared for the respondent and Mr J Griffiths represented the applicant.
4. The applicant was born on 5 June 1944 and served in the Australian Army from 17 January 1962 until his discharge on 14 February 1968. During this period he served in Malaysia and Borneo with 102 Field Battery, Royal Australian Artillery, from 17 August 1964 to 19 October 1965; this being operational service as defined in section 6 of the Veterans’ Entitlements Act 1986 (the Act).
5. The applicant has the following accepted service related disabilities:
§ Bilateral sensorineural hearing loss with tinnitus
§ Non-melanotic malignant neoplasm of the skin
§ Gastro-oesophageal reflux…
Continue reading Anderson and Repatriation Commission
Sign in free to access the full text
- AGLC
- Anderson and Repatriation Commission [2003] AATA 292
- Case
- [2003] AATA 292
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether Anderson's PTSD was related to his war service and whether a severe stressor had occurred during his service that could reasonably be hypothesised to have caused his PTSD. The court was required to determine whether the Repatriation Commission's decision was correct or whether it should be overturned in favour of Anderson's claim.
The court considered the evidence provided by Anderson and the relevant legal principles established in previous cases. The court found that Anderson had provided sufficient evidence to establish that he had experienced a severe stressor during his war service, and that it was reasonable to hypothesise that this stressor had caused his PTSD. The court also found that the Commission's decision was flawed because it had not properly considered the evidence and had placed undue weight on the absence of a diagnosis of PTSD during Anderson's service. The court held that the Commission's decision should be set aside and that Anderson's claim for a war-connected pension should be upheld.
The court ordered that the decision of the Repatriation Commission be set aside and that the matter be remitted to the Commission for reassessment of the rate of pension payable to Anderson from 12 September 2000. The court also ordered that Anderson's claim for a war-connected pension be upheld and that the Commission pay him compensation for the costs of the proceedings.
Orders
Orders of the court
The Tribunal sets aside the decision under review and in substitution therefor determines that Wayne MacArthur Anderson suffers from war-caused PTSD. The Tribunal remits the matter to the respondent for assessment of the rate of pension payable to the applicant on and from 12 September 2000.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.