Barnes and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Barnes for a pension under the *Veterans' Entitlements Act 1986* (Cth). The Administrative Appeals Tribunal (AAT) was required to determine whether Mr Barnes was entitled to a pension at either the Special or Intermediate Rate, having regard to his defence-caused disabilities and his capacity for remunerative work. The AAT also considered whether Mr Barnes was eligible for an Extreme Disablement Adjustment.

The primary legal issues before the AAT were whether Mr Barnes was totally and permanently incapacitated for remunerative work, such that his defence-caused incapacity alone rendered him incapable of undertaking work for more than eight hours per week, pursuant to section 24(1)(b) of the Act. Additionally, the AAT had to determine if Mr Barnes satisfied the "alone test" under section 24(1)(c) of the Act, which requires that his cessation of work and inability to engage in remunerative work be solely due to his service-caused incapacity. The eligibility for the Intermediate Rate of pension under section 23 of the Act was also in contention.

The AAT considered the medical evidence from various practitioners, including Dr Horsley, Dr Prestage, and Dr Fotakis, as well as Mr Barnes' own evidence regarding his work capacity. The Tribunal found that while Mr Barnes had accepted defence-caused disabilities, the incapacity arising from non-accepted conditions affecting his feet was a substantial cause of his resignation from work and his ongoing inability to obtain employment. Consequently, Mr Barnes did not satisfy the criteria for total and permanent incapacity under section 24(1)(b) or the "alone test" under section 24(1)(c). Furthermore, he was found ineligible for the Intermediate Rate of pension.

The AAT affirmed the decision under review, finding Mr Barnes ineligible for pension at either the Special or Intermediate Rates. He was also found ineligible for an Extreme Disablement Adjustment as he had not attained 65 years of age.