Burton and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by the applicant, who was the de facto partner of the deceased veteran, Mr. Budd, against a decision of the Repatriation Commission. The applicant sought a war widow's pension, contending that Mr. Budd's death from a cerebrovascular accident was related to hypertension, which in turn was caused by his excessive salt consumption, a habit allegedly developed during his defence service in Malaysia.

The primary legal issues before the Tribunal were whether Mr. Budd's hypertension was caused by his salt consumption, whether his salt consumption was caused by his defence service, and consequently, whether his death was "defence caused" within the meaning of section 70 of the relevant legislation. The Tribunal was required to apply the principles established in *Deledio* and consider the evidence presented, including the testimony of the applicant and the report of a consultant historian, Dr. Palazzo, to determine these questions on the balance of probabilities.

The Tribunal found the applicant to be a credible witness, accepting her testimony that Mr. Budd commenced taking salt due to the hot, humid climate in Malaysia and continued this habit, along with poor dietary choices, until his death. However, despite Dr. Palazzo's extensive research, no direct evidence was found regarding Mr. Budd's specific salt consumption during his service in Malaysia, nor were rations for that period identified. The Tribunal concluded that it was not reasonably satisfied that Mr. Budd's habit of ingesting excessive salt was caused by his defence service.

Consequently, the Tribunal was not reasonably satisfied that the evidence raised a connection between Mr. Budd's death and his defence service. Accordingly, the Tribunal affirmed the decision under review.