Griffiths and Repatriation Commission - [2001] AATA 429

DECISION AND REASONS FOR DECISION [2001] AATA 429

ADMINISTRATIVE APPEALS TRIBUNAL )

) No V00/409

VETERANS' APPEALS DIVISION       )
           Re      PHILIP GRIFFITHS
  Applicant
           And    REPATRIATION COMMISSION
  Respondent

DECISION

Tribunal Mrs Joan Dwyer, Senior Member Mr I Campbell, Member Assoc. Professor Maynard, Member

Date10 May 2001
PlaceMelbourne

Decision      The Tribunal sets aside the decision under review and in substitution varies the decision of the Veterans' Review Board to provide that general anxiety disorder is war-caused and that, as the parties agreed, Mr Griffiths is entitled to payment of pension at 100% of the general rate with effect from 23 August 1998.
  (Sgd) Joan Dwyer
  Senior Member
VETERANS' AFFAIRS – anxiety condition resulting from service in Vietnam – veteran not involved in combat operations but described feeling stressed and anxious throughout service in Vietnam – no dispute on medical evidence that he had symptoms of anxiety resulting from Vietnam experience – issue only as to diagnosis and as to whether criteria in the definition in the relevant Statement of Principles were met - for clinical purposes both psychiatrists would treat veteran as suffering post-traumatic stress disorder, but his service stressor did not in the Tribunal's view meet definition of "a severe stressor" in the relevant SoP - similar considerations arose in respect of a diagnosis of adjustment disorder and definition in the SoP of "psychosocial stressor" – medical experts agreed on diagnosis of generalised anxiety disorder related to circumstances of service in Vietnam – evidence did satisfy definition of a "stressful event" – diagnosis changed – generalised anxiety disorder found to be war-caused
PRACTICE AND PROCEDURE – medical experts asked to reconsider their diagnoses to see if they could agree on one that better fitted the circumstances of veteran's service and disease
medical witnesses giving evidence together – agreement on diagnosis and connection with service
concern expressed by Tribunal and medical witnesses as to whether SoPs allow anxiety symptoms which are related to operational service to be recognised as war-caused
Veterans' Entitlements Act 1986 ss 120(1), (3), 120A

Statements of Principles Instruments No. 3 of 1999, 48 of 1994, 57 of 1996, 1 of 2000

Re Robertson and Repatriation Commission, (1998) 50 ALD 668

Repatriation Commission v Gosewinckel (1992) 28 ALD 7

REASONS FOR DECISION

10 May 2001 Mrs Joan Dwyer, Senior Member Mr I Campbell, Member Assoc. Professor Maynard, Member

This is an application for review of a decision of the Repatriation Commission made 8 June 1999, as varied by the Veterans Review Board on 24 February 2000. The Repatriation Commission had refused a claim to have post-traumatic stress disorder accepted as war caused. The Veterans Review Board varied the diagnosis to chronic adjustment disorder, and affirmed the decision as amended.
Mr Liefman appeared for the applicant. Mr Nyhof, an advocate with Department of Veterans' Affairs, appeared for the Repatriation Commission. The Tribunal had before it the documents, ("the T documents"), lodged pursuant to section 37 of the Administrative Appeals Tribunal Act and the exhibits tendered during the hearing.…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Griffiths and Repatriation Commission

Details

AGLC: Griffiths and Repatriation Commission [2001] AATA 429
Case: [2001] AATA 429
Decision Date: 10 May 2001

CaseChat Overview and Summary

This case involves an application for review of a decision made by the Repatriation Commission, which was subsequently varied by the Veterans Review Board. The applicant, Mr Griffiths, is seeking recognition that his general anxiety disorder is war-caused and should be compensated accordingly. The Tribunal was tasked with determining whether Mr Griffiths' general anxiety disorder was caused by his service in Vietnam and if it met the criteria set out in the relevant Statement of Principles (SoP).

The primary legal issue was whether the Tribunal could find that Mr Griffiths' general anxiety disorder was war-caused under the applicable SoP. This involved determining whether the stressor experienced by Mr Griffiths during his service met the definition of a "severe stressor" as required by the SoP for post-traumatic stress disorder and whether it met the criteria for an "identifiable psychosocial stressor" as required by the SoP for adjustment disorder. The Tribunal also had to consider if Mr Griffiths' symptoms and experiences fit within the definitions provided in the SoPs and whether these could be classified as war-caused.

The Tribunal concluded that Mr Griffiths' experiences in Vietnam did not strictly meet the definition of a "severe stressor" as outlined in the SoP for post-traumatic stress disorder. However, both psychiatrists agreed that Mr Griffiths exhibited symptoms of post-traumatic stress disorder, which were related to his service. They further agreed that Mr Griffiths could be diagnosed with generalised anxiety disorder, which was also related to his service in Vietnam. The Tribunal found that the definition of a "stressful event" under the SoP for generalised anxiety disorder was more accommodating and could be satisfied by Mr Griffiths' experiences. The Tribunal accepted that Mr Griffiths' symptoms of excessive anxiety and worry, as well as other related symptoms, were war-caused and constituted a generalised anxiety disorder. As a result, the Tribunal set aside the decision of the Veterans Review Board and substituted its own decision, finding that Mr Griffiths' general anxiety disorder was war-caused and ordering that he receive pension payments at 100% of the general rate from 23 August 1998.

The Tribunal expressed concern over the strict application of the SoPs and suggested a review of these definitions to better accommodate veterans with psychiatric conditions related to their service. The decision highlights the challenges faced by veterans in proving that their psychiatric conditions are war-caused under the current legislative framework.

Orders