Gibson and Military Rehabilitation and Compensation Commission (Compensation)

This matter concerned an application by the Applicant, Mr Gibson, for compensation for mental illness, specifically depressive disorder and anxiety disorder, which he alleged were caused by his military service. The Military Rehabilitation and Compensation Commission opposed the claim. The case was heard by Ms N Isenberg, Senior Member, of the Administrative Appeals Tribunal.

The primary legal issues before the Tribunal were to determine whether the Applicant's alleged mental illnesses, including depressive disorder, anxiety disorder, and panic disorder, had a clinical onset during his service and whether these conditions were caused by his service. The Tribunal was required to consider the evidence of the Applicant's treating psychiatrist, Dr Parker, and that of the Commission's medical expert, Dr Smith, in assessing the timing of the clinical onset of these conditions and their causal link to service-related events.

The Tribunal accepted that the Applicant suffered from Major Depressive Disorder or Generalised Anxiety Disorder, or both, but found that the precise diagnosis was not determinative. Applying the principles from *Lees v Repatriation Commission*, the Tribunal considered when the Applicant became aware of symptoms indicative of disease or when a finding was made on investigation suggesting disease. The Tribunal noted that the Applicant first complained of anxiety issues in February 2011, but without detailed symptoms. While the Applicant reported symptoms to Dr Parker dating back to 2007, the Tribunal found Dr Parker's evidence did not explicitly place the clinical onset at that time, but rather linked it to the deaths of friends. Crucially, the Tribunal found no evidence that the Applicant met the diagnostic criteria for his conditions in 2007. Regarding panic disorder, the Tribunal noted Dr Parker's opinion that symptoms were present from 2007, but the diagnostic criteria were not met until after 2011. Dr Smith did not diagnose panic disorder.

Consequently, the Tribunal affirmed the decision of the Veteran's Review Board dated 3 February 2016. The Applicant's claim in respect of panic disorder failed as it relied on the acceptance of his depressive or anxiety disorders as service-related, which the Tribunal did not find to be established at the relevant time.