Hayes and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered the appeal of a veteran, Mr. Hayes, against a decision of the Repatriation Commission concerning his entitlement to a pension. The dispute centred on whether Mr. Hayes's claimed post-traumatic stress disorder (PTSD) was related to his service, or if an alternative diagnosis was applicable and compensable.

The primary legal issues before the Tribunal were whether the veteran suffered from a diagnosed disease, and if so, whether that disease was war-caused. This involved determining the correct diagnosis of the veteran's condition and then applying the principles established in *Repatriation Commission v Deledio* to assess the connection between any diagnosed condition and his eligible service. The Tribunal also had to consider the role of Statements of Principles (SoPs) in the diagnostic process and in establishing the link between service and condition.

The Tribunal reasoned that while the veteran had experienced events during his service that could contribute to PTSD, the medical evidence did not definitively establish a diagnosis of PTSD for the purposes of the *Veterans' Entitlements Act 1986* (Cth). Instead, the Tribunal was satisfied that the veteran suffered from an adjustment disorder with anxiety and mood symptoms. The Tribunal applied the *Deledio* steps, which require a diagnosis of a disease to be made first, independent of SoPs, before considering the aetiology and connection to service. The Tribunal found that the relevant SoP concerning adjustment disorder supported a connection between the veteran's service and this condition.

Consequently, the Tribunal set aside the decision under review and substituted a decision that the veteran's adjustment disorder was war-caused, entitling him to a pension. The matter was remitted to the Repatriation Commission for the assessment of the rate of pension payable, with the date of effect set as 28 February 2012, the date the veteran lodged his claim.