Gordon and Repatriation Commission

[2004] AATA 825

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 825

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/461

VETERANS' APPEALS DIVISION		)
Re		JAMES GORDON

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr E K Christie, Member

Date6 August 2004            

PlaceBrisbane

Decision The decision under review is set aside and in substitution therefor the Tribunal decides that Mr Gordon’s Alcohol Dependence is a service-related disability with effect from 6 March 2003.

....................[Sgd].....................

EK Christie
  Member

CATCHWORDS

VETERANS’ AFFAIRS – veterans’ entitlements – alcohol abuse – alcohol dependence – clinical onset of symptoms – clinical worsening of condition

Veterans’ Entitlements Act 1986 s 120, 120A, 196B

Repatriation Commission v Deledio (1998) 49 ALD 193
Repatriation Commission v Hancock [2003] FCA 711
Repatriation Commission v Whetton (1991) 24 ALD 690
Benjamin v Repatriation Commission (2001) 70 ALD 622
Jackman v Repatriation Commission [1997] FCA 564
Repatriation Commission v Cooke (1998) 52 ALD 1
Deledio v Repatriation Commission (1997) 47 ALD 261
Repatriation Commission v Stares (1996) 41 ALD 212
East v Repatriation Commission (1987) 74 ALR 518
Repatriation Commission v Bey (1997) 47 ALD 481
Bushell v Repatriation Commission (1992) 175 CLR 408
Deledio v Repatriation Commission (1997) 47 ALD 261
Dixon v Repatriation Commission (1999) 29 AAR 235
Byrnes v Repatriation Commission (1993) 1777 CLR 564
Briginshaw v Briginshaw (1938) 60 CLR 336
Kattenberg v Repatriation Commission[2002] FCA 412

REASONS FOR DECISION

6 August 2004 Dr E K Christie, Member    

1.      This is an application by James Gordon to review a decision of the Veterans’ Review Board (“the VRB”) made on 6 March 2003.

2.      In reaching its decision, the VRB concluded that on the evidence before it:

“…clearly indicates that at the time of clinical onset of the veteran’s alcohol dependence (ie prior to the start of his operational service in Vietnam) he was not yet suffering from PTSD; the clinical onset of that condition did not occur until after that service.  As there is no evidence that the veteran was suffering from any other service-related psychiatric disorder at the time of the clinical onset of his alcohol dependence, the requirements of factor 5(a) cannot be met”

and

“The veterans’ operational service did not lead to clinical worsening of clinical worsening of alcohol dependence.” (T4 Folio 114).

3.      At the hearing, James Gordon was represented by Mr B Carter-Nicoll of Counsel.  The respondent was represented by Ms H Bruce, a Departmental Advocate. 

4. At the hearing the Tribunal had in evidence before it documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (Exhibit R1) and the various documents tendered by the parties. 

Facts

5.      The general facts were not in dispute and may be stated briefly.  Mr Gordon was born on 24 November 1944 and is now aged 59.  Mr Gordon joined the Regular Army, aged 17, in March 1962 and was discharged in July 1968.  His eligible war service (which is also operational service) was in Vietnam from 31 May 1966 to…