[2013] AATA 878
| Division | VETERANS' APPEALS DIVISION |
| File Number | 2012/4881 |
| Re | Dulcie Mavis Bottriell |
| APPLICANT | |
| And | Repatriation Commission |
| RESPONDENT |
DECISION
| Tribunal | G. D. Friedman, Senior Member |
| Date | 9 December 2013 |
| Place | Melbourne |
The Tribunal affirms the decision under review.
.........................[sgd]...............................................
G. D. Friedman, Senior Member
VETERANS' AFFAIRS – veterans’ entitlements – widow’s claim – death from ischaemic heart disease and hypertension – whether alcohol consumption contributed to hypertension – clinical worsening of hypertension
Veterans' Entitlements Act 1986 ss 8(1), 9(1), 120(1), 120(3), 120A
Repatriation Commission v Hancock (2003) 37 AAR 383
Repatriation Commission v Law (1981) 147 CLR 635
REASONS FOR DECISION
G. D. Friedman, Senior Member
9 December 2013
Dulcie Bottriell is the widow of George Bottriell (the veteran) who was born in 1926 and died on 10 June 2010 from ischaemic heart disease (IHD) and hypertension. Mrs Bottriell applied to the respondent for a widow’s pension on the basis that the veteran’s alcohol consumption that commenced during his naval service caused hypertension that contributed to his death. The respondent refused the claim and the decision was affirmed by the Veterans’ Review Board (VRB). Mrs Bottriell seeks review of the decision.
LEGISLATIVE FRAMEWORK
The veteran rendered service in the Royal Australian Navy from 9 January 1945 to 3 March 1947. He served in the New Guinea area of the South West Pacific as a clerk in Madang from 5 April 1945 to 16 December 1945 and from 1 July 1946 to 10 February 1947 in the office of Landing Ship, Tank (LST) 3017, a vessel which was designed to support amphibious operations during World War 2 by carrying significant quantities of vehicles, cargo, and troops, and was deployed to recover Allied equipment such as tanks after the Japanese surrender. The veteran’s task was to keep relevant records. The whole of his service constitutes operational service under the Veterans’ Entitlements Act 1986.
Section 8(1) of the Act provides:
(1)Subject to this section …, for the purposes of this Act, the death of a veteran shall be taken to have been war-caused if:
(a)the death of the veteran resulted from an occurrence that happened while the veteran was rendering operational service;
…
Section 9(1) of the Act states:
(1)Subject to this section and section 9A, for the purposes of this Act, an injury suffered by a veteran shall be taken to be a war‑caused injury, or a disease contracted by a veteran shall be taken to be a war‑caused disease, if:
(a)the injury suffered, or disease contracted, by the veteran resulted from an occurrence that happened while the veteran was rendering operational service;
(b)the injury suffered, or disease contracted, by the veteran arose out…
Keep reading for free
Create a free CaseChat account to read Dulcie Mavis Bottriell and Repatriation Commission and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] AATA 878
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.