Howard Turner and Repatriation Commission

[2014] AATA 264

[2014] AATA 264

Division	VETERANS' APPEALS DIVISION
File Number	2013/3476
Re	Howard Turner
APPLICANT
And	Repatriation Commission
RESPONDENT

DECISION

Tribunal	Dr M Denovan, Member
Date	2 May 2014
Place	Brisbane

The Tribunal affirms the decision under review.

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Dr M Denovan, Member

CATCHWORDS

VETERANS' AFFAIRS – Benefits and entitlements – Eligibility for pension – No connection between eligible defence service and condition – No entitlement to pension – Decision under review affirmed

LEGISLATION

Veterans’ Entitlement Act 1986 (Cth) ss 120(4), 120B

SECONDARY MATERIALS

Statement of Principles concerning Osteoarthritis: No. 14 of 2010 (as amended by Instrument 36 of 2011)

REASONS FOR DECISION

Dr M Denovan, Member

2 May 2014

1. The applicant in these proceedings is Mr Howard Turner. Mr Turner served in the

   
   

   Royal Australian Navy from 3 January 1972 until 25 February 1978. He has eligible defence service from 7 December 1972 until his discharge. He has been diagnosed with osteoarthritis of both knees.  Mr Turner says this condition is linked to his service in the Royal Australian Navy, by way of lifting he was required to perform during his service as a bandsman. He has sought medical treatment and pension for incapacity from the condition under the Veterans’ Entitlement Act 1986 (Cth) on that basis.

2. His claim was refused by a delegate of the Repatriation Commission in a decision dated 21 August 2012 and also by the Veterans’ Review Board in a decision dated 3 June 2013. On 16 July 2013 Mr Turner applied to this Tribunal for a review of the decision.

3. The question for me is whether there is, with reference to the relevant Statement of Principles, a connection between Mr Turner’s bilateral knee osteoarthritis and his defence service.

4. Mr Turner’s case can be outlined as follows. Mr Turner mainly played the Cornet, Bugle and Acoustic and Electric Piano in his role as bandsman. He was based both on land bases and on ships during his service, and he travelled all over the world performing in bands giving concerts. As part of his job he was required to carry, load and unload music equipment, chairs and stands for sheet music. Some of the musical instruments, like the Timpani drums and the piano, were very heavy. He estimates the piano weighed

   
   

   70 kilograms alone without the speakers, which weighed an additional 35 kilograms.  When based on a ship he was required to move the instruments and associated equipment up to four times a day.

5. Mr Turner also had to assist from time to time with general ship duties, including the loading and unloading of consumable stores such as bulk food stuff, sacks of potatoes, cartons of fresh fruit and vegetables, cartons of canned foods and frozen meat. He also assisted with the loading and unloading of technical equipment and spare parts of various sizes and weights. He was deployed to Darwin to help with the aftermath of Cyclone Tracy. He was required to assist with the loading and unloading of emergency equipment, water, tents and clothing, and…