Green and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mrs Green for a review of the Repatriation Commission's decision that her husband, Mr Sydney Green, a veteran with recognised operational service in the RAAF, did not die of a war-caused condition. The Veterans Review Board had affirmed this decision. As a preliminary question, the Tribunal was asked to determine the "kind of death" suffered by the veteran.

The legal issue before the Tribunal was to determine, on the balance of probabilities, the medical cause or causes of the veteran's death. The applicant contended that the veteran died from an aortic aneurysm and/or ischaemic heart disease, either individually or in combination. The respondent argued that the veteran died from sepsis, potentially related to an infection of his abdominal aortic graft, leading to renal failure.

The Tribunal reasoned that the "kind of death" is a question of fact, and the Act does not distinguish between primary and secondary medical causes. After considering the contemporaneous medical evidence from treating doctors and the applicant's account of hospital discussions, the Tribunal concluded, on the balance of probabilities, that the veteran's death was caused by sepsis. The infection, caused by *Arcanobacterium naemolyticum*, was found to have originated in the endoluminal graft of his aortic aneurysm, with haematogenous spread to the abdominal cavity and lungs, ultimately causing renal failure. The Tribunal found the evidence supporting a rupture of the aneurysm or a primary cause of ischaemic heart disease to be speculative or unpersuasive.

The Tribunal found that the kind of death suffered by the veteran was sepsis, originating from an infection in his aortic aneurysm graft, leading to renal failure. The Tribunal will liaise with the parties to determine the next procedural steps.