Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2008] AATA 952
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q200600891
VETERANS' APPEALS DIVISION ) & 2008/0865 Re PETER GUILFORD Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Dr K S Levy RFD, Senior Member Date24 October 2008
PlaceBrisbane
Decision The Tribunal determines:-
1. The decision in relation to the claims for anxiety and depression is affirmed.
2. The decision in relation to the claims for special rate of pension is affirmed.
...............[Sgd]........................
Senior Member
CATCHWORDS
VETERANS’ AFFAIRS – Veterans’ Entitlements – special rate pension – applicant served with Royal Australian Navy – applicant suffers from peripheral neuropathy, anxiety disorder and depression – peripheral neuropathy accepted war caused condition – anxiety disorder not war caused – depression not war caused – whether applicant is entitled to special rate of pension – application of Flentjar principles – Tribunal must assess conditions at commencement of “assessment period” – applicant did not cease work solely because of war caused condition – decision under review affirmed.
Veterans’ Entitlements Act 1986 ss 9, 5B (1), 6-6F, 13(1), 24(1) (aab), 24(1) (b), 24(1) (c), 24(2A), 25, 120, 120(1), 120(3), 120A (3), 196B
Repatriation Commission v Deledio [1998] FCA 391; (1998) 49 ALD 193; (1998) 83 FCR 82
Bull v Repatriation Commission (2001) 188 ALR 756; (2001) 66 ALD 271
Hardman v Repatriation Commission [2004] FCA 1174; (2004) 82 ALD 433
Repatriation Commission v Bey (1997) 149 ALR 721; (1997) 79 FCR 364
Repatriation Commission v Stares (1996) 41 ALD 212
Repatriation Commission v Hill [2002] FCAFC 192; (2002) 69 ALD 581
White v Repatriation Commission [2004] FCA 633; (2004) 39 AAR 67
East v Repatriation Commission (1987) 16 CR 517; (1987) 74 ALR 518
Bushell v Repatriation Commission (1992) 175 CLR 408; (1992) 109 ALR 30
Re Stonehouse and Repatriation Commission [2004] AATA 707
Banovich v Repatriation Commission (1986) 69 ALR 395
Flentjar and Repatriation Commissioner (1997) 48 ALD 1 at 425
Repatriation Commission v Butcher [2007] FCAFC 36; (2007) 94 ALD 364
Cavell and Repatriation Commission (1988) 9 AAR 534
Hall v Repatriation Commission (1994) 33 ALD 454
Fox v Repatriation Commission (1997) 45 ALD 317
Re Hornery and Repatriation Commission (1998) 52 ALD 317
Langley v Repatriation Commission (1993) 115 ALR 51
Repatriation Commission v O’Brien (1985) 155 CLR 422
Repatriation Commission v Strickland (1990) 22 ALD 10
Smith v Repatriation Commission [2004] FCA 743
Re Harris and Repatriation Commission (1998) 51 ALD 789
Forbes v Repatriation Commission (2000) 171 ALR 131
Repatriation Commission v Braund (1991) 23 ALD 591
Jones v Dunkel (1959) 101 CLR 298
Brandi v Mingot (1976) 12 ALR 551
Cubillo v Commonwealth of Australia (2000) 103 FCR 1
Briginshaw v Briginshaw (1938) 60 CLR 336
REASONS FOR DECISION
24 October 2008 Dr K S Levy RFD, Senior Member 1. The Applicant, Mr Peter Guilford, has made two separate applications to this Tribunal:
(a)Claims for recognition of the conditions of anxiety and depression as…
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- AGLC
- Guilford and Repatriation Commission [2008] AATA 952
- Case
- [2008] AATA 952
- Decision Date
CaseChat Overview and Summary
The Court reviewed the decision of the Tribunal, which had affirmed the Repatriation Commission's determination that the applicant was not entitled to the special rate of pension. The Tribunal held that the applicant did not cease work solely because of the war-caused condition and that the anxiety disorder and depression were not attributable to war service. The Court found that the Tribunal had correctly applied the Flentjar principles and had correctly assessed the applicant’s conditions at the commencement of the assessment period. It was held that the applicant had not established that the peripheral neuropathy was the sole or principal cause of his incapacity for work.
The Tribunal's decision was affirmed, and the applicant's claims for anxiety and depression, as well as for the special rate of pension, were dismissed. The Court found that the Tribunal had not erred in its application of the relevant statutory provisions and principles, and the decision under review was properly made.
Orders
Orders of the court
The Tribunal determines:-
1. The decision in relation to the claims for anxiety and depression is affirmed.
2. The decision in relation to the claims for special rate of pension is affirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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