Holt and Repatriation Commission

[2007] AATA 1546

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1546

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No   Q2006/543

VETERANS' APPEALS DIVISION                   )  

Re LAURIE JAMES HOLT

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr RG Kenny, Member

Date                         13 July 2007

Place                       Brisbane

Decision The Tribunal affirms the decision under review.

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

RG Kenny

Member

CATCHWORDS

VETERANS’ AFFAIRS – disability pension – operational service with Royal Australian Navy – application of Statements of Principles – appropriate diagnosis of psychiatric conditions – generalised anxiety disorder and alcohol dependence diagnosed – severe psychosocial stressor – reasonable hypothesis of relevant relationship to service raised – no clinical onset of anxiety disorder within two years – anxiety disorder not war-caused – no increase in alcohol consumption after alleged stressor – alcohol dependence not war-caused – decision affirmed

Veterans’ Entitlements Act 1986 (Cth) ss 6C, 7, 9, 14, 69, 120, 120A

Repatriation Commission v Smith (1987) 15 FCR 327
Benjamin v Repatriation Commission (2001) 70 ALD 622
Fogarty v Repatriation Commission (2003) 37 AAR 363
Repatriation Commission v Deledio (1998) 83 FCR 82
Bushell v Repatriation Commission (1992) 175 CLR 408
White v Repatriation Commission [2004] FCA 633
Re Robertson and Repatriation Commission (1998) 50 ALD 668
Repatriation Commission and Cornelius [2002] FCA 750
Lees v Repatriation Commission (2002) 125 FCR 331
Youngnickel v Repatriation Commission [2004] FCA 1691
Hardman v Repatriation Commission (2004) 82 ALD 423
Woodward v Repatriation Commission (2003) 75 ALD 420
Repatriation Commission v Stoddart (2003) 134 FCR 392

REASONS FOR DECISION

13 July 2007 Mr RG Kenny, Member

Background

1. Laurie Holt (the applicant) served in the Royal Australian Navy (the RAN) from 8 February 1969 until 7 February 1989. On 12 May 2004, he lodged with the Repatriation Commission (the respondent), in accordance with s 14 of the Veterans’ Entitlements Act 1986 (the Act), a claim for a disability pension for “mental/anxiety stress complaints” which he contended were related to his RAN service.  On 28 May 2004, the respondent accepted that Mr Holt suffered from generalised anxiety disorder and alcohol dependence but determined that these conditions were not related to his service.  On 26 April 2006, the Veterans’ Review Board (the Board) affirmed the decision and Mr Holt seeks review of the Board’s decision by the Administrative Appeals Tribunal (the Tribunal).

Service and Standard of Proof

2.      During his RAN service, Mr Holt rendered eligible war service in the form of operational service, as provided for in s 7 and s 6C, respectively, of the Act as follows:

from 16 November 1969 until 29 November 1969;

from 13 May 1971 until 1 June 1971;

from 20 September 1971 until 16 October 1971;

from 26 October 1971 until 18 November 1971;
from 24 November 1971 until 17 December 1971;
from 14 February 1972 until 9 March 1972; and

from 1 November 1972 until 30 November 1972.

The first of those voyages was on HMAS Duchess and the others were on HMAS Sydney.  Each of them involved a return voyage from…