[2014] AATA 810
| Division | VETERANS' APPEALS DIVISION |
| File Number | 2012/3424 |
| Re | Jean Isabel Holden |
| APPLICANT | |
| And | Repatriation Commission |
| RESPONDENT |
DECISION
| Tribunal | G. D. Friedman, Senior Member |
| Date | 30 October 2014 |
| Place | Melbourne |
The Tribunal sets aside the decision under review and substitutes a decision that Mrs Holden be granted a widow's pension with effect from 28 July 2011.
..........................[Sgd].......................................
G. D. Friedman, Senior Member
VETERANS' AFFAIRS – veterans’ entitlements – widow’s claim – death from ischaemic heart disease – whether psychiatric condition contributed to ischaemic heart disease – remittal from Federal Court
LEGISLATION
Veterans' Entitlements Act 1986 (Cth) s 8
CASES
Holden and Repatriation Commission [2013] AATA 778
REASONS FOR DECISION
G. D. Friedman, Senior Member
30 October 2014
Jean Holden is the widow of Geoffrey Holden (the veteran), who died on 2 August 2011 from ischaemic heart disease (IHD). Mrs Holden applied to the respondent for a widow’s pension under the Veterans’ Entitlements Act 1986 on the basis that her late husband suffered from a war-caused psychiatric condition which ultimately caused hypertension and led to his death from IHD. The respondent refused the claim and the decision was affirmed by the Veterans’ Review Board. Mrs Holden sought review of the decision and on 1 November 2013 the Tribunal set aside the decision and substituted a decision that Mrs Holden be granted a widow’s pension with effect from 28 July 2011 (Holden and Repatriation Commission [2013] AATA 778).
The respondent appealed the Tribunal’s decision to the Federal Court of Australia and on 12 June 2014 Mortimer J made the following orders (Repatriation Commission v Holden [2014] FCA 605):
1. The appeal be allowed.
2. The decision of the Administrative Appeals Tribunal dated 1 November 2013 be set aside.
3. Subject to paragraphs 4, 5 and 6 of these orders, the matter is remitted to the Tribunal as constituted for the decision made on 1 November 2013.
4. The Tribunal is directed to give further reasons, setting out the evidence or other material on which it based its findings in [47] and [48] of its reasons for decision dated 1 November 2013.
5. The reasons referred to in paragraph 4 of these orders are to be read with, and taken as supplementing, the reasons of the Tribunal given on 1 November 2013.
6. The Tribunal is to re-exercise its powers under s 43(1) of the Administrative Appeals Tribunal Act 1975 (Cth), in respect of the decision under review, on the material before it and in accordance with its reasons for the decision under review, as supplemented by the reasons which are the subject of paragraphs 4 and 5 of these orders.
The Tribunal’s Reasons for Decision dated 1 November 2013 set out the background and findings in respect of the decision under review. In accordance with the orders of the Federal Court the Tribunal now provides its further reasons, setting out the evidence and other material on which it based…
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- Case
- [2014] AATA 810
- Decision Date
CaseChat Overview and Summary
The AAT was required to determine whether the veteran's psychiatric condition, which the Tribunal accepted was war-caused, contributed to his IHD. The Tribunal found that the veteran had suffered from post-traumatic stress disorder (PTSD), which is a requirement of factor 6(rr)(iv) of the relevant guideline concerning IHD. The Tribunal concluded that the hypothesis linking the veteran's death from IHD with his operational service was reasonable and fit the template in the guideline because it was pointed to by the facts. The Tribunal accepted the evidence that the veteran had PTSD at the time of clinical worsening of his IHD, even though not proved upon the balance of probabilities. The Tribunal concluded that Mrs Holden satisfied the third step of the relevant guideline. In relation to the fourth step, the Tribunal was satisfied that the veteran's PTSD was a disorder that attracts a diagnosis under DSM-IV-TR and was a clinically significant anxiety spectrum disorder as specified that was present at the time of clinical worsening of his IHD. The Tribunal concluded that the PTSD was of a sufficient level of severity to warrant ongoing management at the time of clinical worsening of IHD. Therefore, the veteran satisfied factor 6(rr)(iv) of the relevant guideline and Mrs Holden satisfied the fourth step.
In accordance with the Federal Court's orders, the AAT set aside the decision under review and substituted a decision that Mrs Holden be granted a widow's pension with effect from 28 July 2011. The AAT considered that the veteran's death was war-caused within the meaning of the Act.
The Tribunal's final orders were that the decision under review be set aside and that Mrs Holden be granted a widow’s pension with effect from 28 July 2011.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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