Corran and Repatriation Commission

[2000] AATA 596

DECISION AND REASONS FOR DECISION [2000] AATA 596

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q1999/147

VETERANS' APPEALS  DIVISION       )          
           Re      ROBERT CRAIG CORRAN         
  Applicant
           And    REPATRIATION COMMISSION            
  Respondent

DECISION

Tribunal       Mr. D.W. Muller, Senior Member Major-General J.N. Stein, Member           

Date20 July 2000   

PlaceBrisbane

..............(Signed)................................
  D.W. MULLER
  SENIOR MEMBER
CATCHWORDS
VETERANS AFFAIRS – disability pension – post traumatic stress disorder – psycho-active substance abuse – disabilities not war-caused

REQUEST FOR WRITTEN REASONS FOR DECISION

Mr. D.W. Muller, Senior Member Major-General J.N. Stein, Member   

1. This is an application to review a decision to refuse disability pension on a claim for psychiatric disorder;  namely, post-traumatic stress disorder and or psycho-active substance abuse involving alcohol.  It is the applicant's claim that he suffers from post-traumatic stress disorder and problems stemming from psycho-active substance abuse and that arose out of his service in the Australian Army.

2. The applicant served for two years from 17 July 1968 until 17 July 1970 as a National Serviceman.  During that time, he spent 11 months in Vietnam from 11 June 1969 until 12 May 1970.

3. Upon discharge, the applicant spent the years 1971 through to some time in 1974 working in the bank that he had left before he was called up for National Service.  He left the bank in 1974 because he found the work relatively uninteresting, too restrictive, it was indoors and he did not enjoy the work.

4. In the early 1970s the applicant attended accountancy classes as an evening student.  He qualified as an accountant and went into partnership with another accountant in an accountancy business.  He also operated a business management consultancy in conjunction with his sister who ran three hairdressing salons from 1974 to 1979.

5. In 1979, the applicant's partner had a heart attack.  Their accountancy business was wound up. At about the same time, the applicant's sister left the hairdressing business.

6. In 1979, Mr. Corran became involved in building construction, in particular, high rise building construction.  He continued in the building industry for about 18 years until 1997.  During the time he was in the building industry he was variously in charge of gangs of anything up to 60 men.  It was during that time he says, that he started to drink more alcohol than he had before.  He began to drink alcohol to the extent that some people thought that he was an alcoholic, although he did not think so at the time.

7. From 1998 to this year, up until a few months ago, Mr. Corran has been involved in the installation of satellite dishes for the Austar Satellite Group.  He has been installing satellite dishes in outback New South Wales and Queensland. 

8. Mr. Corran has had blood tests.  Those blood tests do not show that Mr. Corran has suffered any organic damage from alcohol.   Even though he may have drunk a fair amount of alcohol during his years in the building construction industry, he did not drink to sufficient excess to cause any damage that would show up on a blood test.  From the medical point of view, he is not regarded as an alcoholic.

9. The incidents which are said to have given rise to any psychiatric condition that Mr. Corran might have, were described as having occurred in South Vietnam during his 11 months there.  During that time he was a driver for an ordinance disposal team. He was not necessarily the person who had to actually gather and dispose of the ordinances although he did now and again, apparently.  He was the driver and transported people to and from the areas where ordinances had to be picked up, after the ordinances had been examined by the experts.

10. Mr. Corran gave evidence of certain incidents that he says occurred in Vietnam.  Whilst it is true that merely being in Vietnam would have created some degree of apprehension in the applicant because there was always the threat of danger pervading the atmosphere, we as a Tribunal are not satisfied that the incidents so described were so disturbing that they would have caused a psychiatric disorder.  They were, in our view, not up to that standard.  It is also our view that nearly 30 years have elapsed since Mr. Corran was in Vietnam.  A lot of water has flowed under the bridge since then:  the years in the bank; the years in business management;  the years in building construction;  the years installing satellite dishes.  He has done a lot of things over the last 30 years.  In our view, those events of Vietnam are too remote, too far off, to be of any significant factor these days.

11. We go further and find that we are not satisfied that Mr. Corran suffers from psycho-active substance abuse.  He might drink a few more beers than his next door neighbour, or he might have in the past, but he is far from being an alcoholic.

12. We are also not satisfied that he has post traumatic stress disorder.  His treating specialist says he has, but then there are other independent psychiatrists who say he definitely has not. We are not satisfied that he really has anything much wrong with him. Whatever it is, it was not caused by his service in South Vietnam.

13. The decision to reject his application is affirmed.

    I certify that the 13 preceding paragraphs are a true copy of the reasons for the decision herein of Mr. D.W. Muller, Senior Member, Major-General J.N. Stein, Member.

    Signed:         .....................................................................................
               R. Hayes, Associate

    Date/s of Hearing  5 July 2000
    Date of Decision  5 July 2000
    Date of Written Reasons         20 July 2000
    Counsel for the Applicant        Mr. S. Sapsford 
    Solicitor for the Applicant         Kenneth Stewart & Co
    Respondent  Mr. R. Morison, departmental advocate