Clearihan and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by Mr Clearihan against a decision of the Veterans Review Board (VRB) which affirmed an earlier decision by the Repatriation Commission. The Commission had increased Mr Clearihan's disability pension to 80% of the general rate, but found him ineligible for the higher intermediate or special rates. Mr Clearihan sought to be paid the special rate of pension.

The legal issues before the court were whether Mr Clearihan met the requirements for the intermediate or special rates of pension under the *Veterans' Entitlements Act 1986* (Cth). Specifically, the court had to determine if the requirement that incapacity be the sole reason for ceasing employment was met, and if Mr Clearihan suffered a loss of salary or wages due to his war-caused conditions. This involved considering whether his cessation of work was due to his incapacity or other reasons, such as redundancy.

The court considered the evidence regarding Mr Clearihan's medical conditions, including prostate cancer and its treatment, and his reported symptoms of fatigue, nausea, and concentration difficulties. It also noted medical reports indicating his capability to continue clerical work from a psychiatric perspective, and that his retirement was influenced by his age and redundancy. The VRB had found that Mr Clearihan ceased work due to redundancy, not solely due to his incapacity from service-related disabilities, and therefore he did not satisfy the criteria for the special or intermediate rates. The court affirmed the VRB's decision.