Huck and Repatriation Commission

[2003] AATA 1036

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 1036

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2002/543

VETERANS' APPEALS DIVISION		)
Re		ROBERT HUCK

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Ms N Bell, Member

Date14 October 2003

PlaceSydney

Decision The decision under review is affirmed.

[Sgd]  N Bell
  Member

CATCHWORDS

VETERANS' AFFAIRS - allied veteran - permanent resident since 2001 - when became permanently incapacitated before or after acquiring permanent residence

Veterans' Entitlements Act 1986 sections 5C, 5G, 37

REASONS FOR DECISION

14 October 2003 Ms N Bell, Member

1.      This is an application by Mr Robert Huck ("the Applicant") for review of a decision by the Repatriation Commission ("the Respondent") dated 26 February 2002 that the Applicant cannot meet the requirements for a service pension under the Veterans' Entitlements Act 1986 ("the Act").

2.      At the hearing before the Tribunal the Applicant appeared on his own behalf and gave oral evidence to the Tribunal. The Respondent was represented by Ms Philippa Hook. The following documentary evidence was before the Tribunal:

Exhibit No	Description	Date
T1-37 pp1-140	Documents pursuant to section 37 of the Administrative Appeals Tribunal Act 1975
A1	Handwritten letter by Mr Huck	Undated (received 15 October 2002)
A2	Letter Dr Paul Haber	2 April 2003
A3	Letter Robyn Drew, Occupational Therapy Department Royal Prince Alfred Hospital	9 September 2003
A4	Letter Dr Ross Hindmarsh	27 August 2003
A5	Letter Dr William A Bye	30 May 2003
R1	Respondent's Statement of Facts and Contentions	29 July 2003
R2	Medical Report Dr R Lewin	9 December 2002
R3	Medical Report Dr R Chase	24 June 2003
R4	Report Dr B S Keshava	6 June 2003

background

3.      The Applicant served in the U.S. Armed Forces in Vietnam and is an “allied veteran” as defined in subsection 5C(1) the Act. It is not in disputed that he rendered “qualifying service” as defined in section 7A of the Act as an allied veteran.

4.      It is also not in dispute that the Applicant came to Australia in 1988 and remained on a temporary visa until he was granted permanent residence status on 11 September 2001. He worked at various jobs in Australia, his last paid work being as a cleaner for CleanEvent. The Applicant was injured in that job in 1997 and did not return to work.  Nor is it in dispute that the Applicant suffers from a number of medical conditions including post traumatic stress disorder and alcohol dependence.

5.      Following a number of earlier rejected claims, the Applicant claimed a service pension on 10 October 2001.

issues and legislation

6. The qualifications for eligibility for invalidity service pension are set out in section 37 of the Act which provides:

"Eligibility for invalidity service pension

(1) Subject to subsection (6), a person is eligible for an invalidity service pension if the person:

(a) is a veteran; and

(b) has rendered qualifying service; and

(c) is permanently incapacitated for work in accordance with a determination under…