Ballantyne and Repatriation Commission

[2005] AATA 1280

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 1280

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No  Q2004/834

VETERANS’ APPEALS DIVISION		)
Re		ROSS ARTHUR BALLANTYNE

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member B J McCabe

Date22 December 2005

PlaceBrisbane

Decision The decision under review is affirmed.

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

SENIOR MEMBER

CATCHWORDS

VETERANS’ AFFAIRS – Veterans’ Entitlements – applicant experienced a series of events during service in Vietnam – applicant suffers from alcohol dependence – whether the events during service caused post traumatic stress disorder and/or alcohol abuse or dependence – hypothesis exists connecting the condition with the circumstances of the applicant’s service – applicant’s story unable to satisfy the relevant Statement of Principle – no evidence to support the fact the applicant experienced a severe stressor within the two years immediately before the onset of alcohol dependence – decision under review affirmed.

Veterans’ Entitlements Act 1986 s 120

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

REASONS FOR DECISION

22 December 2005               Senior Member B J McCabe

Introduction

1.      Mr Ross Ballantyne served in the Army during the Vietnam conflict. He says he suffers from post traumatic stress disorder (PTSD) and/or alcohol abuse or dependence that can be linked to events occurring during his service. He says he is entitled to benefits paid by the respondent under the Veterans Entitlements Act 1986 (the VEA). The Repatriation Commission rejected the claim. The applicant has asked the Tribunal to reconsider the matter.

2.       I have decided the decision under review should be affirmed. I explain my reasons below.

the material before the tribunal

3. The Tribunal was provided with the documents required under s 37 of the Administrative Appeals Tribunal Act 1975. Two bundles of documents containing all the evidence received in the matter up until the time of hearing were also tendered in evidence (exhibits 1 & 2).

4.      Mr Ballantyne gave evidence at the hearing, as did Drs Anderson and Chalk.

5.      Mr Ballantyne was represented by Mr O’Gorman of counsel. The respondent was represented by Mr Derrington, SC.

the applicant’s story

6.      Mr Ballantyne was born on 20 July 1950. He enlisted in the regular Army on 18 March 1969. He was discharged on 17 March 1975. He served in Vietnam between 25 June 1970 and 23 June 1971. His service in Vietnam qualifies as operational service for the purposes of the VEA.

7.      The applicant is being treated for PTSD and alcohol dependence. He says he developed these conditions as a consequence of his service in Vietnam. Specifically, he says he witnessed or was confronted with eight different events that qualify as severe stressors for the purposes of the relevant statements of principles (SoPs). He says he developed his present conditions in the wake of experiencing those severe stressors.

8.      I will summarise the stressors the applicant describes before briefly describing his experiences following his return from Vietnam and after his discharge from the…