Gutteridge and Repatriation Commission

[2006] AATA 324

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 324

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2005/293

VETERANS' APPEALS DIVISION		)
Re		GEOFFREY GUTTERIDGE

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr RG Kenny, Member

Date6 April 2006

PlaceBrisbane

Decision The Tribunal sets aside the decision under review in relation to post traumatic stress disorder, alcohol abuse/dependence and hypertension.  The Tribunal substitutes its decision that these conditions are war-caused in accordance with section 9 of the Act; that Mr Gutteridge is entitled to receive a pension for associated incapacity from post traumatic stress disorder with effect from and including 26 February 2003; that he is entitled to receive a pension for associated incapacity from alcohol abuse/dependence and hypertension with effect from and including 28  April 2003; and that the matter of assessment be remitted to the respondent.   

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

Mr RG Kenny
  Member

Administrative

Appeals

Tribunal

 

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2005/293

GENERAL ADMINISTRATIVE DIVISION

)

Re

GEOFFREY GUTTERIDGE

Applicant

And

REPATRIATION COMMISSION

  Respondent

CORRIGENDUM [2006] AATA 324

Tribunal	Mr RG Kenny, Member
Date	6 June 2006

PlaceBrisbane

THE TRIBUNAL DIRECTS THAT in paragraphs 21 and 26 of the Tribunal’s reason for decision in the above matter, dated 6 April 2006, the reference to visits to Dr Holm being at “six monthly intervals” should read “six weekly intervals”. 

MEMBER

CATCHWORDS

VETERANS’ AFFAIRS – disability and pension – operational service with Royal Australian Navy – operational service rendered by veteran – application of Statements of Principles – post traumatic stress disorder – alcohol dependence or abuse – hypertension – reasonable hypothesis of relevant relationship to service raised – satisfied beyond reasonable doubt that conditions war-caused – date of effect for informal claim - assessment of pension remitted to respondent

Administrative Appeals Tribunal Act 1975 s 37

Veterans’ Entitlements Act 1986 ss 9, 14, 20

Fogarty v Repatriation Commission (2003) 37 AAR 363      
Repatriation Commission v Deledio (1998) 83 FCR 82
White v Repatriation Commission [2004] FCA 633
Woodward v Repatriation Commission [2003] FCAFC 160
Repatriation Commission v Stoddart [2003] FCAFC 300

REASONS FOR DECISION

6 April 2006  Mr RG Kenny, Member   

Background

1. Geoffrey Gutteridge (the applicant) completed a period of service with the Royal Australian Navy from 4 June 1965 until 3 June 1974. On 28 July 2003, he lodged a formal claim for a disability pension for post traumatic stress disorder, hypertension and alcohol abuse or dependence with the Repatriation Commission (the respondent) in accordance with section 14 of the Veterans’ Entitlements Act 1986 (the Act). Previously, on 26 May 2003, he had completed and lodged a claim which did not comply with the requirements of section 14 of the Act in respect of post traumatic stress disorder. On 7 November 2003, the respondent rejected those claims and this was affirmed by the Veterans’ Review Board on 4 April 2005. On 19 May 2005, Mr Gutteridge sought review of that decision by the Administrative Appeals Tribunal (the Tribunal).

2.      Mr Gutteridge is in receipt of…