Carter and Military Rehabilitation and Compensation Commission (Veterans' entitlements)

This matter concerned an appeal by Mr Carter's widow against a decision of the Military Rehabilitation and Compensation Commission (MRCC) regarding the death of her husband, a former serviceman. The central dispute was whether Mr Carter's death on 17 June 2013 constituted a "service death" under the *Military Rehabilitation and Compensation Act 2004* (Cth) (MRCA). The applicant contended that his death was caused by Non-Hodgkin's lymphoma, potentially linked to tropical sprue contracted during his service. The Tribunal was required to determine the cause of Mr Carter's death and whether it met the criteria for a service death as defined by the MRCA.

The Tribunal was tasked with determining two primary legal issues. Firstly, whether Mr Carter's death was caused by tropical sprue, and consequently, whether it qualified as a service death under section 28(1)(e) of the MRCA. Secondly, the Tribunal had to consider whether Mr Carter's death was a service death for any other reason, pursuant to section 28 of the MRCA. These determinations hinged on the Tribunal's assessment of the extensive medical evidence presented, including reports from specialist pathologists, and the application of the relevant statutory provisions concerning service deaths.

In reaching its decision, the Tribunal carefully considered the medical evidence, including reports from Professor Duflou and Professor Cade, who reviewed Mr Carter's extensive medical history and post-mortem findings. The Tribunal found that the medical evidence did not establish that Mr Carter's death was caused by tropical sprue. Furthermore, the Tribunal concluded that Mr Carter's death was not otherwise a service death under the MRCA. Consequently, the Tribunal affirmed the MRCC's decision.