Glasby and Repatriation Commission

[2008] AATA 664

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 664

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q200700070

VETERANS' APPEALS  DIVISION		)
Re		DONALD GLASBY

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr R G Kenny, Member

Date31 July 2008

PlaceBrisbane

Decision The Tribunal affirms the decisions under review.

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Member

CATCHWORDS

VETERANS’ AFFAIRS – Veterans’ Entitlements – operational service with Royal Australian Navy – application of Statements of Principles – appropriate diagnosis of psychiatric conditions – no factual basis for diagnosis of post traumatic stress disorder – diagnosis of anxiety disorder, depressive disorder and alcohol dependence – clinical onset of anxiety disorder, depressive disorder and alcohol dependence – reasonable hypothesis of relevant relationship to service raised for anxiety disorder and alcohol dependence – satisfied beyond reasonable doubt that conditions not attributable to eligible war-service – decision under review affirmed

VETERANS’ AFFAIRS – Veterans’ Entitlements – pension payable at 80% of the general rate – veteran not able to undertake remunerative work for more than 8 hours per week due to psychiatric conditions not war-caused – earnings-related rate of pension not payable –– decision under review affirmed

Veterans’ Entitlements Act 1986 ss 6C, 7, 9, 14, 15, 120, 120A

Fogarty v Repatriation Commission [2003] FCAFC 136; (2003) 37 AAR 363
Keeley v Repatriation Commission (2000) 98 FCR 108; (2000) 60 ALD 401
Drew v Repatriation Commission [2008] FCA 537
Repatriation Commission v Deledio (1998) 83 FCR 82; (1998) 49 ALD 193; (1998) 27 AAR 144
Woodward v Repatriation Commission [2003] FCAFC 160; (2003) 131 FCR 473; (2003) 200 ALR 332; (2003) 75 ALD 420; (2003) 37 AAR 424
Repatriation Commission v Stoddart [2003] FCAFC 300; (2003) 134 FCR 392; (2003) 77 ALD 67; (2003) 38 AAR 176
Re Robertson and Repatriation Commission (1998) 50 ALD 668
Repatriation Commission v Cornelius [2002] FCA 750

REASONS FOR DECISION

31 July 2008 Mr R G Kenny, Member     

Background

1. Donald Glasby served with the Royal Australian Navy (“the RAN”) from 23 May 1958 until 22 May 1970. On 27 October 2004, he lodged with the Repatriation Commission (“the respondent”), in accordance with s14 of the Veterans’ Entitlements Act 1986 (“the Act”), a claim for a disability pension for “psychological problems” which he contended were related to his RAN service. On the same day, he also lodged, in accordance with s15 of the Act, an application for increase in his pension which is payable in relation to disabilities previously accepted as being related to his RAN service. These are bilateral sensori neural hearing loss with tinnitus and chronic solar skin damage with malignant change.

2.      On 4 May 2005, the respondent accepted that Mr Glasby suffered from anxiety disorder and alcohol dependence but determined that those conditions were not related to his service.  It also rejected the application for increase in pension and continued this at 80% of the general rate.  The Veterans’ Review Board (“the Board”) affirmed the decisions on 26 June 2006.