Armstrong and Repatriation Commission (Veterans’ entitlements)

In *Armstrong and Repatriation Commission (Veterans’ entitlements)*, the Administrative Appeals Tribunal considered an appeal by Mrs. Armstrong concerning claims for a widow's pension following the death of her husband, Mr. Armstrong. Mr. Armstrong's death on 27 July 2009 was attributed, in part, to ischaemic heart disease, which was linked to hypertension he had suffered for approximately 20 years prior to his death, with the initial diagnosis of hypertension occurring on 29 December 1977. The core dispute revolved around whether Mr. Armstrong's death was "defence-caused" and, specifically, whether his hypertension was contributed to by his alcohol consumption.

The Tribunal was required to determine whether Mr. Armstrong consumed, on average, at least 50 standard drinks per week in the six-month period preceding the clinical onset of his hypertension. This question was central to establishing whether his hypertension, and consequently his death, was defence-caused under the relevant veterans' entitlements legislation. The Tribunal also had to consider the evidence presented regarding Mr. Armstrong's alcohol consumption habits and the potential impact of his work in pastoral care, which involved supporting soldiers with drug and alcohol rehabilitation and dealing with traumatic events.

The Tribunal's reasoning focused on assessing the evidence of Mr. Armstrong's alcohol consumption against the threshold of 50 standard drinks per week. While Mrs. Armstrong acknowledged her husband drank, she was unable to quantify the amount, stating she only knew he "drank too much." She also noted his work in drug and alcohol counselling, which she found inconsistent with significant personal drinking, though she conceded she had not asked him about it. The Tribunal considered a Standard Drinks Guide to interpret potential consumption levels based on different beverages. Ultimately, the Tribunal affirmed the decision that the evidence did not establish that Mr. Armstrong consumed, on average, at least 50 standard drinks per week in the relevant period.