Haskings and Repatriation Commission

[2005] AATA 815

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 815

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No Q2004/27

VETERANS' APPEALS DIVISION		)
Re		HERBERT HASKINGS

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr K S Levy, Member

Date 25 August 2005

PlaceBrisbane

Decision The Tribunal affirms the decision under review. 

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

K S Levy
  Member

CATCHWORDS

VETERANS’ AFFAIRS –Veteran’s Entitlement Act – depressive disorder – Osteoarthrosis of the right hip – Osteoarthrosis of the right knee – defence caused injury – war caused injury – application of Statements of Principles – effect of being medically downgraded and by virtue unable to undertake operational service - pneumonia as a severe psychosocial stressor

Veterans’ Entitlements Act 1986 ss 5D, 6, 7, 9, 13, 120, 120B, 196B

Repatriation Commission and Gosewinckle (1999) 59 ALD 690
Benjamin and Repatriation Commission (2003) 70 ALD 622
Fogarty and Repatriation Commission [2003] FCAFC 136
Repatriation Commission and Hancock [2003] FCA 711
Lees and Repatriation Commission (2002) 125 FCR 331
White v Repatriation Commission [2004] FCA 663
Stonehouse and Repatriation Commission [2004] AATA 707
Repatriation Commission v Law (1980) 31 ALR 140
Repatriation Commission and Stoddart [2003] FCAFC 300
Sparks and Repatriation Commission [2005] AATA 319
Hillier and Repatriation Commission [2004] AATA 897

REASONS FOR DECISION

25  August 2005   Dr K S Levy, Member          

Introduction

1. The applicant, Herbert Haskings, has applied under section 29(1) of the Administrative Appeals Tribunal Act 1975 for a review of a decision of the Veterans’ Review Board dated 4 December 2003.  That decision affirmed two previous decisions of the Repatriation Commission dated 18 July 2003 and 22 August 2003 which determined that the condition of depressive disorder;  and osteoarthrosis of the right hip and right knee, respectively, were not war-caused under the Veterans’ Entitlements Act 1986 (the Act).

2.       The present claim is based on the contentions that the condition of depressive disorder and osteoarthrosis of the right hip and osteoarthrosis of the right knee meet the definitions and diagnostic criteria for these conditions and that they are related to his service during World War II. 

3.       The applicant was represented by Mr G King and Mr G Mylne of Mylne, Lawyers and the respondent was represented by its Advocate, Mr M Smith. 

4.       The following documents were tendered into evidence –

§  Exhibit 1               Applicant’s Statement with McCallum Mylne Lawyers   facsimile cover sheet dated 20 July 2004

§  Exhibit 2               Service Medical Documents under cover of Department   of Veterans’ Affairs letter dated 27 August 2004

§  Exhibit 3               Medical Opinion from Dr P A Grant dated 24 August 2004

§  Exhibit 4               Report by Dr Anne Young dated 7 October 2004

5.        Oral evidence was admitted from the applicant, Herbert Haskings, and his Psychiatrist, Dr Maxwell Katz.  Witnesses for the respondent were Dr Peter Grant and Dr Anne Young. 

Background

6.       The applicant was born on 2 August 1920 and is currently 85 years of age.  He had non-operational service in World War II in the Australian Army from…