Hogno and Repatriation Commission

[2010] AATA 306

Administrative Appeals Tribunal

ADMINISTRATIVE APPEALS TRIBUNAL                 )

)No: 2008/3808

Veterans' Appeals Division  )

Re: Dennis Hogno
Applicant

And: Repatriation Commission
Respondent

Order to amend written decision

TRIBUNAL:             Senior Member Jill Toohey

DATE:                      23 July 2010

PLACE:                   Sydney

1.On 29 April 2010, the Tribunal published a decision and written reasons in this proceeding.

2.The Tribunal is satisfied that that there is an obvious error in the text of the decision and the written statement of reasons and directs the Registrar, pursuant to subsection 43AA(1) of the Administrative Appeals Tribunal Act 1975, to alter the text of the decision from:

The Tribunal affirms the decision under review.

so that it now reads:

The Tribunal varies the decision under review by deciding that the veteran's anxiety disorder is war-caused and otherwise affirms the decision under review.

3.Paragraph 69 of the written statement of reasons is also amended to reflect the above wording. 

.......................[sgd]............................

J Toohey

Senior Member

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 306

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2008/3808

Veterans' APPEALS DIVISION		)
Re		Dennis Hogno

Applicant

And Repatriation Commission

Respondent

DECISION

Tribunal Senior Member Jill Toohey
Dr Maxwell Thorpe, Member

Date29 April 2010

PlaceSydney

Decision The Tribunal affirms the decision under review.

..................[sgd]................................

Senior Member

CATCHWORDS

VETERANS’ ENTITLEMENT - special rate pension – alcohol dependence – anxiety disorder – cardiomyopathy – whether veteran suffered from alcohol dependence – whether alcohol dependence and anxiety war-caused – Tribunal satisfied that reasonable hypothesis raised in relation to anxiety disorder – Tribunal satisfied that anxiety disorder war-caused - reasonable hypothesis raised in connection with alcohol dependence but Tribunal satisfied beyond reasonable doubt that condition was not war-caused - not satisfied that veteran suffered from cardiomyopathy -  not satisfied that veteran ceased employment for reasons related to war-caused condition alone – decision under review affirmed

Veterans Entitlements Act 1986 – s.120, s.24

Benjamin v Repatriation Commission (2001) 70 ALD 622

Cavell v Repatriation Commission (1988) 9AAR 534

Repatriation Commission v Deledio (1998) 83 FCR 82

Repatriation Commission v Hendy (2002) 76 ALD 47

REASONS FOR DECISION

19 April 2010	Senior Member Jill Toohey Dr Maxwell Thorpe, Member
Background

1.      Dennis Hogno served in the Australian Army from May 1958, when he was sixteen years old, until May 1966.  He served at Butterworth in Malaya from 14 January to 20 October 1965, which period is operational service for the purposes of the Veterans Entitlements Act 1986 (the Act).

2.      Mr Hogno receives a disability pension at 100 per cent of the general rate for accepted conditions of atrial fibrillation, sensorineural hearing loss with tinnitus, ischaemic heart disease, impotence, tinea and chronic bronchitis.

3.      Mr Hogno claims that events which occurred while he was in Malaya led to an increase in his drinking and to an anxiety disorder.  He claims a special rate pension on the ground that war-caused alcohol dependence and anxiety disorder render him incapable of remunerative work.  He claims also to have war-caused cardiomyopathy. 

4.…