HEATHER HINWOOD and REPATRIATION COMMISSION

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 922

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/4460

VETERANS' APPEALS DIVISION		)
Re		HEATHER HINWOOD

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr M Denovan, Member

Date27 November 2009

PlaceBrisbane

Decision

The Tribunal sets aside the decision under review and substitutes the decision that the death of the veteran was war-caused.  The matter is remitted to the Respondent to determine what, if any, rate of pension the Commonwealth is liable to pay to the applicant, date of effect being 22 March 2005.

Effect being

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Member

BACKGROUND

6.      The late veteran was diagnosed with frontal lobe dementia in 1994[1].  In the same year he was diagnosed as having carcinoma of the prostate.  He developed bony metastases and lymph node involvement and remained at home under the care of his wife.

[1] Folio 37 T documents

7.      Mr Hinwood was admitted to Canossa Private Hospital, Oxley, on 23 June 2003 for terminal care of metastatic prostate carcinoma.

MEDICAL EVIDENCE

Dr P Grant – Senior Medical Officer Compensation

8.      Dr Grant provided two reports, dated 15 December 2005 and 27 March 2007.  In his earlier report, Dr Grant indicated that the risk of contracting a respiratory tract infection such as acute pneumonia is significantly increased in those with permanent damage, such as chronic obstructive airways disease (as was the case with Mr Hinwood).  Dr Grant questioned whether this risk had been subsumed by events such as extensive lung secondaries from prostate cancer.

9.      Dr Grant wrote his second report after examining the terminal illness notes from Canossa Nursing Home and the clinical notes of Dr Deuble.  He opined that these documents did not lend support for any form of chronic airflow limitation being an active condition in the terminal phase or playing an active role in Mr Hinwood’s death.

Dr Copeland – the veteran’s general practitioner

10.     General practitioner Dr Copeland was the veteran’s local medical practitioner from 1993 until the veteran’s death in 2003.  In his report dated 31 October 2005, Dr Copeland said that during that time the veteran suffered a number of episodes of bronchopneumonia.  Dr Copeland said that radiological studies indicated changes consistent with COAD (chronic obstructive airways disease).  Dr Copeland opined that it was entirely possible that the veteran’s underlying chronic lung disease would have contributed to his contracting pneumonia in his terminal illness.

Dr M Deuble – Palliative Care Staff Specialist

11.     In his report dated 28 July 2009, Dr Deuble stated that he cared for the veteran during his terminal illness in 2003.  Dr Deuble opined that the veteran’s underlying chronic obstructive airways disease would have contributed in some way to the development of terminal bronchopneumonia.  Dr Deuble said that this was in the setting of Mr Hinwood having extremely advanced metastatic prostate cancer.  Dr Deuble opined that the veteran’s death was caused by a combination of factors contributing to pre-terminal bronchopneumonia; these factors being prostate cancer, severe fatigue, cancer-related disease and underlying…