Jones and Repatriation Commission

Case [2005] AATA 203


Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 203

ADMINISTRATIVE APPEALS TRIBUNAL      )

)         No Q2003/1022

VETERANS’ APPEALS DIVISION

)

Re GLYNN JONES

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr K S Levy, Member

Date11 March 2005

PlaceBrisbane

Decision

The Tribunal determines that –

1.    the diagnoses of chronic Generalised Anxiety Disorder with Tremor, chronic Depressive Disorder and Alcohol Abuse are accepted by the Tribunal.

2. these diagnoses are not war-caused pursuant to section 9 of the Veterans’ Entitlements Act.

3.    the Tribunal affirms the decision of the Veterans Review Board dated 21 October 2003 in all other respects i.e.  the claims made are not war-caused. 

..................[Sgd]............................

K S Levy
  Member

Administrative

Appeals

Tribunal

 

ADMINISTRATIVE APPEALS TRIBUNAL      )

)No Q2003/1022

VETERANS’ APPEALS DIVISION

)

Re GLYNN JONES

Applicant

And

REPATRIATION COMMISSION

Respondent

CORRIGENDUM [2005] AATA 203

Tribunal Dr KS Levy, Member

Date24 August 2005

PlaceBrisbane

The Reasons for Decision handed down by the Tribunal on 11 March 2005 are amended by deleting the last sentence of paragraph 93 which reads: “These factors and definitions relevantly provide:”.

[Sgd]
   KS Levy
   Member

CATCHWORDS

VETERANS’ AFFAIRS – Veterans’ entitlements – disability pensions – war-caused diseases during operational service – whether applicant’s claimed conditions of depressive disorder, post traumatic stress disorder, generalised anxiety disorder and alcohol dependence or abuse are war-caused – whether applicant experienced a severe stressor and or a severe psychosocial stressor – diagnoses of generalised anxiety disorder with tremor, depressive disorder and alcohol abuse accepted – none of the applicant’s conditions are war-caused – Decision under review affirmed.

Veterans’ Entitlements Act 1986 ss 5D, 6C, 9, 13, 70, 119, 120, 120A, 196B, Schedule 2

Byrnes v Repatriation Commission (1993) 177 CLR 565
Jackman v Repatriation Commission [1997] FCA 564
Repatriation Commission v Gosewinckel (1999) 59 ALD 690
Repatriation Commission v Smith (1987) 15 FCR 327
Benjamin v Repatriation Commission (2003) 70 ALD 622
Fogarty v Repatriation Commission (2003) FCAFC 136
Repatriation Commission v Hancock [2003] FCA 711
Repatriation Commission v Deledio (1998) 83 FCR 82
East v Repatriation Commission (1987) 74 ALD 518
Repatriation Commission v Stares (1996) 41 ALD 212
Repatriation Commission v Bey (1997) 47 ALD 481
Lees v Repatriation Commission (2002) 125 FCR 331
White v Repatriation Commission [2004] AATA 663
Hillier v Repatriation Commission [2004] AATA 897
Stonehouse v Repatriation Commission [2004] AATA 707
Repatriation Commission v Law (1980) 31 ALR 140
Repatriation Commission v Stoddart [2004] FCA 633
Stoddart v Repatriation Commission [2003] FCA 334

McKenna v Repatriation Commission [1999] FCA 323

REASONS FOR DECISION

11 March 2005  Dr K S Levy, Member

Introduction

1. The applicant, Glynn Keith Jones, has applied under section 29(1) of the Administrative Appeals Tribunal Act 1975 for review of a decision of the Veterans’ Review Board dated 21 October 2003.   That decision rejected a claim that the veteran’s conditions of Ischaemic Heart Disease, Depressive Disorder and Alcohol Dependence or Alcohol Abuse were war-caused, under the Veterans’ Entitlements Act 1986 (the Act).  The…

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AGLC
Jones and Repatriation Commission [2005] AATA 203
Case
[2005] AATA 203
Decision Date

CaseChat Overview and Summary

In the case of Jones and Repatriation Commission, the dispute centred on the eligibility of the applicant, a veteran, for disability pensions under the Veterans’ Entitlements Act 1986. The key issues at hand were whether the applicant's conditions of depressive disorder, post-traumatic stress disorder, generalised anxiety disorder, and alcohol dependence or abuse were caused by his service during operational periods. The case was heard and determined by the Administrative Appeals Tribunal.

The Tribunal was tasked with deciding whether the applicant's conditions were war-caused, specifically if he had experienced a severe stressor or a severe psychosocial stressor as defined by the Act. The medical evidence presented indicated that the applicant suffered from chronic generalised anxiety disorder with tremor, depressive disorder, and alcohol abuse. The Tribunal had to assess whether these conditions met the statutory criteria for being considered war-caused.

Upon review, the Tribunal found that while the diagnoses of the applicant's conditions were accepted, none of these conditions were attributable to his war service. The Tribunal held that the applicant did not experience a severe stressor or a severe psychosocial stressor as required by the legislation. Therefore, the Tribunal affirmed the earlier decision of the Veterans Review Board, which had also concluded that the applicant's claims were not war-caused.

The Tribunal's final orders recognised the accepted diagnoses but maintained that they were not war-caused. The decision affirmed the Veterans Review Board's ruling in all other respects, effectively denying the applicant's claim for war-caused disability pensions.

Orders

Orders of the court

The Tribunal determines that –

1. the diagnoses of chronic Generalised Anxiety Disorder with Tremor, chronic Depressive Disorder and Alcohol Abuse are accepted by the Tribunal.

2. these diagnoses are not war-caused pursuant to section 9 of the Veterans’ Entitlements Act.

3. the Tribunal affirms the decision of the Veterans Review Board dated 21 October 2003 in all other respects i.e. the claims made are not war-caused.

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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