Gregory and Repatriation Commission

[2004] AATA 254

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 254

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2002/131

VETERANS' APPEALS DIVISION		)
Re		RAYMOND LESTER GREGORY

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr O Rinaudo, Member

Date12 March 2004

PlaceBrisbane

Decision The Tribunal affirms the decision under review.

.................. (Sgd)..................

O Rinaudo
  Member

CATCHWORDS

VETERANS’ AFFAIRS – benefits and entitlements - post traumatic stress disorder – generalised anxiety disorder – severe stressors suffered during operational service – clinical onset of generalised anxiety disorder not within two years preceding severe psychosocial stressor

Veterans’ Entitlements Act 1986 ss 9, 70, 120(1), 120(3), 196B(2), (11)

Repatriation Commission v Deledio (1998) 83 FCR 82
Benjamin V Repatriation Commission [2001] FCA 522
Budworth V Repatriation Commission [2001] FCA317
Repatriation Commission V Hill [2002] FCAFC 192

REASONS FOR DECISION

12 March 2004  Mr O Rinaudo, Member    

Decision Under Review

1.      The applicant seeks review of a decision made by a delegate of the Repatriation Commission dated 29 August 2000 which refused the applicant’s claim for post traumatic stress disorder.  This decision was affirmed by the Veterans’ Review Board on 27 November 2001.

History

2.      The applicant was born on 9 March 1947.  The applicant rendered operational service from 25 March 1971 to 21 December 1971.  The applicant also had defence service from 7 December 1972 to 22 April 1977.  The applicant suffers from the following service-related disabilities:

·     Sensori-neural hearing loss

·     Solar keratoses

·     Gastro-oesophageal reflux disease

Eligible for Treatment (not service related)

·     Post traumatic stress disorder – treatment only

3.      The applicant suffers from the following non-service-related disabilities:

·     Bronchitis

No Incapacity Found

·     Nervous disorder

·     Post traumatic stress disorder

4.      The applicant stated that whilst in Vietnam he was posted to 161 Recce Flight at Nui Dat as an air frame fitter.  In addition to his duties as an air frame fitter carrying out maintenance and repairs on various aircraft, the applicant also volunteered for visual reconnaissance flights.  What this entailed was the applicant flying in aircraft of different types (helicopters and fixed wing) looking for enemy activity in the area.  The applicant said that he flew as an observer and that flights would last for 2 hours or so flying at tree-top level in enemy territory.

5.      On one occasion when the applicant was flying in a Bell helicopter, a bullet came through the floor of the helicopter and passed out through the perspex dome.  Exhibit 9 shows the point of entry and exit of the bullet in the Bell helicopter.  The applicant was sitting on the left hand side of the helicopter with the pilot on the right.  The applicant was immediately aware of what had happened and stated that he was fearful for his life.  He was concerned that more bullets might come through the floor of the aircraft.  He said there was armour plating directly under the seat and behind the seat.  The perspex bubble was 5 mm perspex.  The helicopter had no doors.