EDNA JOHN and REPATRIATION COMMISSION

[2009] AATA 36

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 36

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No. 2007/3061

VETERANS’ APPEALS DIVISION		)
Re		EDNA JOHN

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr J D Campbell, Member

Date20 January 2009

PlaceSydney

Decision The decision under review is set aside and in substitution therefor the Tribunal decides that the Applicant is entitled to a war widow’s pension, with the date of effect being 21 August 2005.

....................[sgd]...................

Dr J D Campbell

Member

CATCHWORDS     

VETERANS’ ENTITLEMENTS – war widows’ pension – kind of death – ischaemic heart disease – hypertension – salt supplements – veteran’s hypertension was war-caused disease – veteran’s ischaemic heart disease was war-caused disease – applicant entitled to war widows’ pension – decision under review set aside

Veterans' Entitlements Act 1986 – Section 119

Lowerson v Repatriation Commission (1994) 50 FCR 252

Statement of Principles Concerning Ischaemic Heart Disease No. 89 of 2007

Statement of Principles Concerning Hypertension No. 35 of 2003

REASONS FOR DECISION

20 January 2009   Dr J D Campbell, Member

1.     Mrs John lodged a claim for a war widows’ pension on 21 November 2005.  Mrs John married Mr Lisle John on 24 April 1943.  Mr John had operational service in World War II during the period 18 June 1942 and 15 March 1946.  Mr John died on 27 September 1981.  The cause of death listed on Mr John’s death certificate was left heart failure (days), myocardial infarction (days) and hypertension (years).

2.     The Repatriation Commission on 26 November 2005 was satisfied that Mr John’s death was due to ischaemic heart disease, but was unable to relate the ischaemic heart disease to his service and concluded beyond reasonable doubt that the death is not service related.  The matter was further considered by the Veterans’ Review Board who, in time, affirmed the Repatriation Commission decision of 26 November 2005 that the death of Mr John was not war-caused.

Issues

3.     The issues in this matter are:

·What kind of death did Mr John suffer? and

·Was Mr John’s death war-caused? and

·Is Mrs John entitled to a widow’s pension.

Evidence of Mrs John

4.     Mrs John is an elderly person who experienced some difficulty in presenting oral evidence because of spasms.  Mrs John recounted the history of her relationship with Mr John, who she first met in 1941, married in 1943, moved to live with in Darwin from 1946 to 1953 and thereafter in Sydney until his death in 1981.  Mrs John detailed her evidence in two written statements and in oral evidence with the degree of clarity expected of events occurring over a seventy year time frame, namely some uncertainty and hesitancy over some aspects of chronology in relation to Mr John’s employment activities in Sydney between 1953 and 1961, when he joined the Sydney County Council.

5.     Mrs John detailed meeting Mr John in 1941, marriage in Tamworth in 1943 and rejoining Mr John in Darwin in 1946 on his discharge from the…