Kattenberg and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal affirmed a decision of the Repatriation Commission concerning the applicant's claim for compensation under the *Veterans' Entitlements Act 1986* (Cth). The applicant sought a pension for an alcohol use disorder and a special rate of pension due to incapacity from a war-caused injury preventing him from undertaking remunerative work. The Tribunal's decision was under review by Deputy President R I Hanger AM QC.

The primary legal issues before the court were whether the applicant satisfied the Statement of Principles concerning alcohol use disorder, and whether, by reason of incapacity from a war-caused injury, the applicant was prevented from continuing to undertake remunerative work, thereby entitling him to a special rate of pension.

The court considered medical evidence from several specialists. Dr John Sowby attributed 85% of the applicant's disability to a lumbar spine injury, with only 5% attributed to alcohol abuse disorder, and stated that the back condition was the primary limitation on his work capacity. Dr Ki Douglas found the applicant unfit for all work, attributing 100% of this unfitness to lumbar spondylosis, and did not reference excessive alcohol use. In contrast, Dr Donald Wright diagnosed adjustment disorder, alcohol abuse, and dependence, noting tolerance to increasing quantities of alcohol over many years. However, Dr Wright also opined that most of the applicant's problems stemmed from chronic back pain and that his excessive alcohol use had not particularly impaired his ability to work. The court found that the evidence did not establish that the applicant's alcohol use disorder was the sole or primary cause of his incapacity for work, nor that it met the criteria under the relevant Statement of Principles.

The court set aside the Tribunal's decision regarding the special rate of pension and remitted that matter for redetermination. The decision relating to the alcohol use disorder was affirmed.