Johnson and Repatriation Commission

[2006] AATA 768

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 768

ADMINISTRATIVE APPEALS TRIBUNAL          № V2004/1152
  № V2005/0489

VETERANS’       APPEALS     DIVISION

Re:           RONALD JOHNSON

Applicant

And:           REPATRIATION COMMISSION

Respondent

DECISION

Tribunal:       Miss E.A. Shanahan, Member

Date:8 September 2006

Place:Melbourne

Decision:The Tribunal affirms the decision under review.

(sgd) E. A. Shanahan

Member

VETERANS’ AFFAIRS – generalised anxiety disorder – pre‑existing anxiety – no severe psycho-social stressor – anxiety secondary  to physical medical conditions and non‑war related conditions – diabetes – cessation of smoking greater than 10 years before the diagnosis of diabetes.

Veterans’ Entitlements Act 1986

Statements of Principles

Instrument N°1 of 2000 concerning generalised anxiety disorder

Instrument N°11 of 2004 concerning diabetes mellitus

Repatriation Commission v Deledio (1998) 49 ALD 193 - followed

Hardman v Repatriation Commission [2005] FCAFC 83 Full FC - considered

Delahunty v Repatriation Commission [2004] FCA 309 - Tamberlin J

Benjamin v Repatriation Commission (2001) 34 AAR 270

Cooke v Repatriation Commission (1998) 160 ALR 17- followed

Repatriation Commission v Gosewinckel [1999] FCA 1273 - considered

Stoddart v Repatriation Commission (2003) FCA 334 - considered

REASONS FOR DECISION

8 September 2006  Miss E.A. Shanahan, Member

1. Mr Johnson has applied to this tribunal for review of two decisions of a delegate of the Repatriation Commission. The first decision, dated 29 January 2004 and affirmed by the Veterans’ Review Board (VRB) on 8 September 2004, determined that Mr Johnson’s generalised anxiety disorder was not war‑caused within the meaning of s 9 of the Veterans’ Entitlements Act 1986 (the Act).  The second decision, dated 28 January 2005 and affirmed by the VRB on 9 May 2005, determined that Mr Johnson’s diabetes was not war‑caused.

2. The applicant was represented by Mr A. Larkin, of counsel, instructed by Williams Winter, Solicitors. The respondent was represented by Ms J. McCulloch, an advocate with the Department of Veterans’ Affairs, for the first two days of the hearing and on 22 May 2006 by Mr G. Purcell of counsel. The Tribunal had before it the documents lodged pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 (T‑documents).  The parties tendered the following documents:

Statement of Applicant taken on 29 September 2004  Exhibit A1

Statement of applicant taken on 26 May 2005  Exhibit A2

Statement of Mrs G. Johnson taken on 22 November 2005                Exhibit A3

Report of Associate Professor D. Lording dated 6 October 2005       Exhibit A4

Report of Dr J. Agar dated 22 May 1997  Exhibit A5

WriteWay Report dated 1 March 2005  Exhibit R1

Clinical notes of Dr B. Reid pp1‑44  Exhibit R2

Defence Psychological Record of Applicant  Exhibit R3

Defence Personnel Records (1‑228)  Exhibit R4

Statement of Mr J. Watson dated April 2005  Exhibit R5

Minute of Dr Morgan dated 24 January 2006  Exhibit R6

Claim for Disability Pension dated 3 April 2000,   Exhibit R7
claim dated 17 September 2001 and Applicant’s

letter dated 20 August 2001

Service Medical File pp1‑69  Exhibit R8

Map of Vung Tao Special Zone  Exhibit R9

Medical records of…