JUNE RIDGWAY and REPATRIATION COMMISSION

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2009] AATA 391

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/2376

VETERANS'       APPEALS        DIVISION		)
Re		JUNE RIDGWAY

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Miss E A Shanahan, Member

Date29 May 2009

PlaceMelbourne

Decision The Tribunal affirms the decision under review.

(sgd) E A Shanahan

Member

VETERANS’ AFFAIRS – widows claim for pension – kind of death – cause of death – contribution to death by war-caused diseases – ischaemic heart disease – post traumatic stress disorder – death from metastatic carcinoma of the colon – hastening of death by ischaemic heart disease – decision affirmed

Veterans’ Entitlement Act 1986 s 8, s 13, s 120, s 120A

Statement of Principles Instrument No 3 of 1999 concerning Post Traumatic Stress Disorder
Statement of Principles Instrument No 35 of 2003 concerning Hypertension
Statement of Principles Instrument No 53 of 2003 concerning Ischaemic Heart Disease
Statement of Principles Instrument No 89 of 2007 concerning Ischaemic Heart Disease

Doolette v Repatriation Commission (1990) 21 ALD 489
Repatriation Commission v Codd (2007) 95 ALD 619

Repatriation Commission v Deledio (1998) 83 FCR 82 at 97

Repatriation Commission v Hancock (2003) FCA 711
Repatriation Commission v Law (1980) 31 ALR 140
Repatriation Commission v Norton (2008) FCA 1132
Roncevich v Repatriation Commission (2005) 218 ALR 733
Tunks v Repatriation Commission (2008) 102 ALD pg 274

REASONS FOR DECISION

29 May 2009 Miss E A Shanahan, Member       

1.      Ronald Ridgway died on 12 November 2005 from carcinoma of the colon.  The death certificate also listed the presence of ischaemic heart disease.  Mr Ridgway was a veteran in receipt of the disability pension for several conditions including post traumatic stress disorder (PTSD).  Mrs Ridgway made a claim for widow’s pension on 23 February 2006. Mrs Ridgway’s claim was rejected by the Repatriation Commission (the Commission) on 31 March 2006.  This decision was affirmed by the Veterans’ Review Board (VRB) on 27 April 2007, on the grounds that the material did not point to a hypothesis connecting the veteran’s death with his service.  Mrs Ridgway applied to the Administrative Appeals Tribunal (AAT) for a review of this decision on 6 June 2007.  Mrs Ridgway was not pursuing any claim with respect to either Mr Ridgway’s carcinoma of the colon or carcinoma of the prostate.

2. Mrs Ridgway was represented by Ms J Bornstein of counsel, instructed by Williams Winter solicitors. The Commission was represented by Mr K Rudge, an advocate with the Department of Veterans’ Affairs. The Tribunal was provided with the documents lodged pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 (T Documents) and the parties tendered the following documents:

For the Applicant:

·Statement of Mrs June Ridgway dated 31 May 2007 – Exhibit A1

·Report of Dr Michael Epstein dated 31 March 2008 – Exhibit A2

·Report of Associate Professor A Pitt dated 29 August 2008 – Exhibit A3

For the Respondent:

·T-Documents – Exhibit R1

·Report of Professor John Cade dated 29…