Doyle and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by the Applicant, the widow of a veteran, against a decision of the Repatriation Commission regarding a widow's pension. The veteran had served on HMAS Sydney between 21 September and 13 October 1956 and died on 28 August 2001 from prostate cancer. The core dispute revolved around whether the veteran's death was "war-caused" for the purposes of the *Veterans' Entitlements Act 1986* (Cth). The case was heard by Deputy President Sosso P.

The legal issues before the Tribunal were whether the veteran's death from prostate cancer was "war-caused" and, if so, whether the conditions for a widow's pension were met. This required the Tribunal to determine the "kind of death" suffered by the veteran and apply the appropriate methodology for assessing the connection between that death and his operational service. Specifically, the Tribunal had to consider the application of Statements of Principles (SoPs) and the methodology outlined in *Deledio*.

The Tribunal applied the *Deledio* methodology, which involves a preliminary assessment of whether a raised hypothesis linking the death to service has some support in the material. The Applicant's hypothesis posited that the veteran's operational service led to alcohol consumption to manage anxiety, which continued post-service and ultimately contributed to his prostate cancer. However, the Tribunal found that this hypothesis was not "reasonable" as it did not fit, or was inconsistent with, the template found in SoP No. 53 of 2014, which was the relevant SoP for malignant neoplasm of the prostate.

Consequently, the Tribunal affirmed the reviewable decision, meaning the Applicant's claim for a widow's pension based on a war-caused death was not successful.