Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2005] AATA 962
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2004/724
VETERANS' APPEALS DIVISION )
Re KEVIN BEVERIDGE Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Mr RG Kenny, Member Date3 October 2005
PlaceBrisbane
Decision
The Tribunal:
(a) affirms the decision under review in relation to alcohol dependence;
(b) sets aside the decision under review in relation to post traumatic stress disorder and substitutes its own decision that post traumatic stress disorder is war-caused in accordance with section 9 of the Veterans’ Entitlements Act 1986 (the Act); that Mr Beveridge is entitled to receive a pension under the Act for any incapacity associated with that condition from and including 19 December 2002; and that the matter of assessment be remitted to the Repatriation Commission.
.....................[Sgd].......................
RG Kenny
Member
CATCHWORDS
VETERANS’ AFFAIRS – disability pension – operational service with Royal Australian Navy – post traumatic stress disorder – alcohol dependence - application of Statements of Principles – reasonable hypothesis of relevant relationship to service not raised for alcohol dependence – decision affirmed - reasonable hypothesis of relevant relationship to service raised for post traumatic stress disorder – condition war-caused – decision set aside – assessment of rate of pension remitted to Repatriation Commission
Veterans’ Entitlements Act 1986 ss 6C, 14, 19, 21A, 22, 69, 120, 120A, 177
Fogarty v Repatriation Commission (2003) 37 AAR 363
Repatriation Commission v Deledio (1998) 83 FCR 82
Sly v Repatriation Commission [2004] AATA 958
White v Repatriation Commission [2004] FCA 633
Woodward v Repatriation Commission [2003] FCAFC 160
Repatriation Commission v Stoddart [2003] FCAFC 300
Constable v Repatriation Commission [2005] FCA 928
Re Robertson v Repatriation Commission (1998) 50 ALD 668
Repatriation Commission v Cornelius [2002] FCA 750
Lees v Repatriation Commission (2002) 125 FCR 331REASONS FOR DECISION
3 October 2005 Mr RG Kenny, Member Background
1. Kevin Beveridge (the applicant) served in the Royal Australian Navy (RAN) from 1961 to 1976. His service included a period on HMAS Perth in 1970 and 1971 in South Vietnamese waters and he now contends that he suffers health problems that are related to events that occurred during that time. On 19 March 2003, he lodged a claim for acceptance by the Repatriation Commission (the respondent) of “substance abuse”, “generalised anxiety disorder” and “hearing loss and tinnitus” as being related to his service. That claim was made in accordance with section 14 of the Veterans’ Entitlements Act 1986 (the Act)
2. On 29 August 2003, the respondent determined that Mr Beveridge suffers from bilateral sensori-neural hearing loss with tinnitus which was service-related. It assessed pension at 40% of the general rate under sections 21A and 22 of the Act for associated incapacity. It also determined that he suffers from alcohol dependence and post traumatic stress disorder but rejected his claim that these conditions were service-related. On 18 August 2004, the Veterans’ Review Board affirmed the decision in relation to post traumatic stress disorder and alcohol dependence, set aside the…
Continue reading Beveridge and Repatriation Commission
Sign in free to access the full text
- AGLC
- Beveridge and Repatriation Commission [2005] AATA 962
- Case
- [2005] AATA 962
- Decision Date
CaseChat Overview and Summary
The Tribunal examined whether a reasonable hypothesis could be raised that Beveridge’s alcohol dependence was related to his service. The Tribunal found that such a hypothesis could not be raised and affirmed the Commission’s decision that Beveridge was not entitled to a pension for that condition. Regarding the post traumatic stress disorder, the Tribunal found that a reasonable hypothesis could be raised, and that the condition was therefore war-caused. The Tribunal set aside the Commission’s decision in relation to post traumatic stress disorder and substituted its own decision.
The Tribunal held that Beveridge was entitled to a pension for any incapacity associated with his post traumatic stress disorder from 19 December 2002. The Tribunal set aside the Commission’s decision and remitted the matter to the Commission to assess the appropriate rate of pension.
The orders of the Tribunal were that the decision of the Commission in relation to alcohol dependence be affirmed, and that the decision in relation to post traumatic stress disorder be set aside and replaced with the Tribunal’s own decision. The matter of assessment was remitted to the Commission.
Orders
Orders of the court
The Tribunal:
(a) affirms the decision under review in relation to alcohol dependence;
(b) sets aside the decision under review in relation to post traumatic stress disorder and substitutes its own decision that post traumatic stress disorder is war-caused in accordance with section 9 of the Veterans’ Entitlements Act 1986 (the Act); that Mr Beveridge is entitled to receive a pension under the Act for any incapacity associated with that condition from and including 19 December 2002; and that the matter of assessment be remitted to the Repatriation Commission.
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.