Gamble and Repatriation Commission (Veterans’ entitlements)

This matter concerned an application by Mr. Gamble before the Administrative Appeals Tribunal, presided over by Senior Member Ms J C Kelly. The dispute centred on Mr. Gamble's claim for a special rate of pension under the *Veterans' Entitlements Act 1986* (Cth), specifically relating to his capacity to undertake remunerative work due to war-caused injury or disease.

The Tribunal was required to determine whether Mr. Gamble met the criteria for a special rate pension, which necessitates being totally and permanently incapacitated. This involved assessing whether his incapacity from war-caused injury or disease alone rendered him incapable of undertaking remunerative work for periods aggregating more than 8 hours per week, and whether he was prevented from continuing remunerative work he was undertaking due to that incapacity, thereby suffering a loss of earnings. The Tribunal also had to consider the specific matters to which it must have regard when assessing a veteran's capacity to undertake remunerative work, as outlined in section 28 of the Act.

The Tribunal's reasoning was that it was not satisfied that Mr. Gamble was totally and permanently incapacitated to the extent required by section 24(1)(b) of the Act. This conclusion was reached after considering oral evidence from the applicant, reports from his general practitioners, a psychiatrist, and an occupational physician, as well as documentation regarding his redundancy package. The Tribunal found that the evidence did not establish that his incapacity alone prevented him from undertaking remunerative work for more than 8 hours per week, making it unnecessary to consider section 24(1)(c).

Consequently, the application concerning the claim for medical treatment and pension for hypertension was dismissed pursuant to section 42A(1) of the *Administrative Appeals Tribunal Act 1975*. The decision under review regarding the assessment of the rate at which Mr. Gamble's pension was paid was affirmed.