Gall and Repatriation Commission (Veterans' entitlements)

The applicant, who had eligible defence service between 1990 and 1994, sought a disability pension for conditions claimed to be defence-caused, specifically cervical spondylosis and intervertebral disc prolapse. The Repatriation Commission had previously accepted liability for an intervertebral disc prolapse at C5/C6 based on a 1996 incident, and the applicant was in receipt of a disability pension at the 100% rate. The dispute before the Administrative Appeals Tribunal concerned whether the applicant's cervical spondylosis and the intervertebral disc prolapse were sufficiently connected to her defence service to warrant further entitlement under the *Veterans' Entitlements Act 1986* (Cth).

The Tribunal was required to determine whether the material before it raised a connection between the applicant's defence service and her claimed conditions, and whether there was in force a Statement of Principles that upheld the contention that these conditions were connected to that service on the balance of probabilities, as required by section 120B(3) of the Act. The applicant had experienced a head injury in 1990, which was noted as asymptomatic, and later reported neck pain following a 1996 incident. While liability for the disc prolapse was accepted based on the 1996 incident, the applicant's claim for cervical spondylosis and the broader connection of the disc prolapse to her defence service remained in contention.

The Tribunal found that the material before it did not establish the necessary connection between the applicant's defence service and the cervical spondylosis or the intervertebral disc prolapse. It noted that the current Statement of Principles did not support such a connection. Consequently, the Tribunal affirmed the decision under review, meaning the applicant's claim for further entitlement based on these conditions being defence-caused was not upheld.