Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2006] AATA 567
ADMINISTRATIVE APPEALS TRIBUNAL № V2004/1401
№ V2004/1402VETERANS' AFFAIRS DIVISION
Re: LESLIE JOHN HARRIS
Applicant
And: REPATRIATION COMMISSION
Respondent
DECISION
Tribunal: Miss E.A. Shanahan, Member
Date:29 June 2006
Place:Melbourne
Decision:The Tribunal varies the reviewable decisions as follows:
1.the applicant's osteoarthrosis of the right ankle is war‑caused with effect from 10 April 2002;
2.the conditions of chronic bronchitis, idiopathic haemoptysis and left lower lobectomy are war‑caused with effect from 9 July 2003;
3.as a consequence pension was payable at 100 per cent of the general rate from 10 April 2002;
3.the applicant qualifies for the intermediate rate of pension; and
4.the matter is remitted to the respondent for the assessment of the rate of pension payable to the applicant.
(sgd) E.A Shanahan
Member
VETERANS' AFFAIRS – diagnosis of post traumatic stress disorder and alcohol abuse accepted as war‑caused in 1998 – application for increase rate of pension in 2002 – the applicant ceased work June 2003 when his employer ceased the business – whether seeking work – alone test or substantial contribution – respondent conceded several disease processes as war‑caused.
Veterans' Entitlements Act 1986 ss 22, 23, 24
Banovich v Repatriation Commission (1986) 69 ALR 395
Chambers v Repatriation Commission (1995) 55 FCR 9
Flentjar v Repatriation Commission (1997) 48 ALD 1
Forbes v Repatriation Commission (2000) 101 FCR 50
Fox v Repatriation Commission (1997) 45 ALD 317
Gieson v Repatriation Commission [2005] FCA 846
Hall v Repatriation Commission (1994) 33 ALD 454
Leane v Repatriation Commission (2004) 81 ALD 625
Magill v Repatriation Commission [2002] FCA 744
Peacock v Repatriation Commission (2004) 40 AAR 143
Fry v Repatriation Commission (1997) 47 ALD 776
Re Bishop and Repatriation Commission [2005] AATA 1117
Repatriation Commission v Boyle (1997) 47 ALD 637
Repatriation Commission v Buckingham (Ryan J, unreported, 7 February 1996, Federal Court of Australia)
Repatriation Commission v Hendy (2002) 76 ALD 47
Repatriation Commission v Van Heteren (2003) 75 ALD 703
Sheehy v Repatriation Commission (1996) (1996) 66 FCR 569
Starcevich v Repatriation Commission (1987) 18 FCR 221
REASONS FOR DECISION
29 June 2006 Miss E.A. Shanahan, Member
1. On 10 July 2002 Mr Leslie John Harris made a formal claim for increase in his disability pension which at that time had been assessed and paid at the rate of 90 per cent of the general rate. Mr Harris' rate of pension had been calculated on the basis that the Repatriation Commission accepted that he suffered from the following disabilities: tinea, post traumatic stress disorder (PTSD), bilateral sensorineural hearing loss with tinnitus, hypertension, alcohol abuse and irritable bowel syndrome. Mr Harris claimed to be suffering from a large number of additional disabilities but the Repatriation Commission did not accept liability for them; and there was considerable overlap between these nominated disabilities and his accepted abilities. However, the outstanding claims related essentially to asthma, anxiety, osteoarthrosis of the right ankle, obstructive bronchitis with asthmatic element and idiopathic haemoptysis.
2. On 18…
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