Hatchman and Repatriation Commission

[2003] AATA 646

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 646

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2002/911

VETERANS' APPEALS DIVISION		)
Re		IRIS HATCHMAN

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr IR Way, Member

Date8 July 2003 

PlaceBrisbane

Decision The Tribunal sets aside the decision under review and in substitution therefor determines that Iris Hatchman qualifies for the war widow’s pension pursuant to the provisions of the Veterans’ Entitlements Act 1986 with effect from 6 November 1999. 

(Sgd) IR Way
  Member

CATCHWORDS

VETERANS’ AFFAIRS – benefits and entitlements – war widows’ pension – whether the veteran’s death was caused by his war service – ischaemic heart disease – hypertension whether reasonable hypothesis established connecting the veteran’s death with his war service – ingestion of salt supplements

Veterans’ Entitlements Act 1986 ss 13, 14, 120(4), 120B(3), 196B(3), 196B(14)

Repatriation Commission v Smith (1987) 15 FCR 327
Re Oakman and Repatriation Commission [1999] AATA 125
Treloar v Australian Telecommunications Commission (1989) 97 ALR 321

Re Buckley and Repatriation Commission [2002] AATA 1286
Re Downing and Repatriation Commission [2000] AATA 904

Kattenberg v Repatriation Commission [2002] FCA 412

REASONS FOR DECISION

8 July 2003  Mr IR Way, Member           

1.      This is an application by Irish Hatchman (“the applicant”) for review of a decision of the Repatriation Commission made on 9 February 2000 and affirmed by the Veterans’ Review Board (“VRB”) on 26 June 2002, that the death of the applicant’s husband, Leslie Hatchman (“the veteran”), was not war-caused.

2. The Tribunal had before it the documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (T1–T6) and other documentary evidence as follows:

§Exhibit A1       Statement of Iris Hatchman dated 28 January 2003

§Exhibit A2       Statement of Aubrey Hatchman dated 3 December 2002

§Exhibit A3       Statement of Aubrey Hatchman dated 27 March 2003

§Exhibit A4       Letter from applicant to Solicitors dated 8 December 2002

§Exhibit A5       Letter from applicant to Solicitors dated 20 March 2003

§Exhibit R1       Dietitian’s report  by Trudy Williams dated 11 May 2003

§Exhibit R2       Report of Professor Kenardy dated 7 September 2000.

3.      The applicant and the veteran’s brother, Aubrey Hatchman, gave oral evidence.  Professor J Kenardy gave evidence by telephone.  The applicant was represented by Mr D O’Gorman of counsel and the respondent by Mr M Smith.

4. Under section 13 of the Veterans’ Entitlements Act 1986 (“the Act”), the Commonwealth is liable to pay a pension by way of compensation to the dependants of a veteran, where the death of the veteran is war-caused. A dependant of a deceased veteran, including a widow, may make a claim to a pension under section 14 of the Act.

5.      The veteran rendered eligible war service in the RAAF during World War II from 11 July 1943 to 21 February 1946, including 12 month’s service in the Northern Territory from 31 May 1944 to 22 May 1945. 

6. The veteran’s service was not operational service and accordingly section 120(4) of the Act requires the…