Gordon Batzloff v Repatriation Commission

[2004] AATA 1115

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATTA 1115

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2002/533

VETERANS' APPEALS  DIVISION		)
Re		GORDON BATZLOFF

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member McCabe;
Mr Way, Member

Date27 October 2004  

PlaceBrisbane

Decision The decision under review is set aside.  The conditions of anxiety disorder, depressive disorder and alcohol abuse or dependence are war-caused within the meaning of s9 Veterans’ Entitlements Act 1968.  The matter is remitted to the respondent for assessment of the rate of pension payable.  The date of effect of this decision is 27 December 2001.

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

Senior Member

CATCHWORDS

VETERANS ENTITLEMENTS – pensions and benefits – veteran claims adjustment disorder, anxiety disorder, depressive disorder and alcohol abuse are related to service – diagnosis of adjustment disorder – diagnosis of alcohol abuse where veteran no longer drinking excessively – whether hypothesis reasonable – veteran experienced psychosocial stressor – decision set aside

Veterans’ Entitlements Act 1986

Repatriation Commission v Cooke [1998] FCA 1717

Repatriation Commission v Delidio (1998) 83 FCR 82

Re Henderson and Repatriation Commission [2001] AATA 397

Re Hartshorn and Repatriation Commission [2004] AATA 846

McKenna v Repatriation Commission [1999] FCA 323.

REASONS FOR DECISION

27 October 2004   Senior Member McCabe;
Mr Way, Member  

1.      Gordon Batzloff is the applicant in these proceedings. He claimed he suffers from post traumatic stress disorder (PTSD) and alcohol abuse or dependence conditions as a result of his experiences in Vietnam. His claim for compensation was rejected by the respondent, the Repatriation Commission, on 20 March 2001. The respondent’s decision was affirmed by the Veterans’ Review Board (the VRB) on 4 March 2002. Mr Batzloff has asked the Tribunal to review his case.

2.      Mr Batzloff has altered his claim.  He no longer contends he suffers from PTSD. He argued before the Tribunal that he suffers from anxiety disorder, depressive disorder, adjustment disorder and alcohol abuse or alcohol dependence condition. He says all of those conditions are related to his service. 

3. The matter was heard on 1 July 2004. Mr Mackie represented the applicant. Mr Smith represented the respondent. In evidence were the documents prepared pursuant to s 37 of the Administrative Appeals Tribunal Act 1975.  The following documents were also before the Tribunal:

• A statement of the applicant dated 28 October 2002;
• A statement of Mrs Batzloff dated 28 October 2002
• A report of Dr Troup dated 5 September 2003;
• A bundle of medical records of Dr Troup;
• Three reports of Dr Mulholland dated 21 February 2003; 1 April 2003 and 25 November 2003;

• A letter written by Danny Mullins (CEO of the Esk Shire Council) to Dr Troup concerning the applicant’s behaviour, dated 22 August 2000.

The background

4.      Mr Batzloff served in the Australian Army from 30 June 1965 to 29 June 1970.  His operational service was from 6 June 1966 to 14 June 1967. He served in Vietnam.

5.      Mr Batzloff claims his conditions…