[2012] AATA 167
| Division | VETERANS' APPEALS DIVISION |
| File Number | 2010/3871 |
| Re | JAMES RICHARD IBBETSON |
| APPLICANT | |
| And | REPATRIATION COMMISSION |
| RESPONDENT |
DECISION
| Tribunal | G. D. Friedman, Senior Member |
| Date | 16 March 2012 |
| Place | Melbourne |
The Tribunal sets aside the decision the decision under review and substitutes a decision that Mr Ibbetson suffers from post-traumatic stress disorder which is war-caused with effect from 17 April 2009. In all other respects the Tribunal affirms the decision under review.
..................[sgd]......................
G. D. Friedman, Senior Member
VETERANS' AFFAIRS – veterans’ entitlements – post-traumatic stress disorder – traumatic events – whether condition diagnosed and war-caused
Veterans' Entitlements Act 1986 ss 9, 120(1)
Benjamin v Repatriation Commission (2001) 70 ALD 622
Kaluza v Repatriation Commission [2010] FCA 1244
Mines v Repatriation Commission (2004) 86 ALD 62
Re Codd and Repatriation Commission [2008] AATA 1177
Repatriation Commission v Deledio (1998) 83 FCR 82
Repatriation Commission v Hill [2008] FCA 50
Repatriation Commission v Warren [2007] FCA 866
REASONS FOR DECISION
G. D. Friedman, Senior Member
James Ibbetson served in the Australian Army from 22 January 1964 to 2 July 1971. His service in Vietnam from 17 January 1968 to 6 February 1969 constitutes operational service under the Veterans' Entitlements Act 1986 (the Act).
Mr Ibbetson is currently receiving a disability pension at 100 per cent of the general rate based on the acceptance by the respondent that his medical conditions of bilateral sensorineural hearing loss and ischaemic heart disease are war-caused. On 17 July 2009 Mr Ibbetson lodged a claim for post-traumatic stress disorder (PTSD) and alcohol abuse to be accepted as war-caused relating to events that occurred during his service in Vietnam. His claim was refused by the respondent and the decision was affirmed by the Veterans’ Review Board (VRB). Mr Ibbetson seeks review only of the decision regarding PTSD.
ISSUES
The issues before the Tribunal are whether Mr Ibbetson suffers from PTSD, and, if so, whether the condition is war-caused.
DOES MR IBBETSON SUFFER FROM PTSD?
The Tribunal is required to determine to its reasonable satisfaction whether Mr Ibbetson suffers from any particular injury or disease (Benjamin v Repatriation Commission (2001) 70 ALD 622).
In the Diagnostic and Statistical Manual of Mental Disorders (Fourth Ed, Text Revision) (DSM-IV) a diagnosis of PTSD requires that:
A. The person has been exposed to a traumatic event in which both of the following were present:
(1) the person experienced, witnessed, or was confronted with an event or events that involved actual or threatened death or serious injury, or threat to the physical integrity of self or others
(2) the person’s response involved intense fear, helplessness, or horror…
Using this definition there must be both a traumatic event, which answers the description given, and a response of the required intensity. In Mines v Repatriation Commission (2004) 86 ALD 62 Gray J said at 74:
If the question is posed as whether a veteran has suffered PTSD as a result of a traumatic event said to have occurred during the veteran’s…
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