Keleris and Repatriation Commission

[2004] AATA 976

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 976

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/1078

VETERANS' APPEALS  DIVISION		)
Re		GEORGE KELERIS

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member McCabe

Date20 September 2004  

PlaceBrisbane

Decision The Tribunal affirms the decision under review.  

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

Senior Member

CATCHWORDS

VETERANS’ ENTITLEMENTS LAW – pensions and benefits – veteran claims post traumatic stress disorder and alcohol abuse or dependence are related to service – diagnosis – whether veteran experienced intense fear, helplessness or horror in relation to incidents – whether respondent can disprove necessary facts beyond a reasonable doubt – whether veteran suffers any other compensable condition – decision affirmed

Repatriation Commission v Delidio (1998) 83 FCR 82

Benjamin v Repatriation Commission [2001] FCA 1879

Re Benjamin and Repatriation Commission [2004] AATA 738

Stoddart v Repatriation Commission [2003] FCA 334

Bushell v Repatriation Commission (1992) 175 CLR 408

REASONS FOR DECISION

20 September 2004 Senior Member McCabe    

Introduction

1.      George Keleris is the applicant in these proceedings. He says his post traumatic stress disorder (PTSD) and alcohol abuse or dependence condition are related to his service in Vietnam. The Repatriation Commission disagreed, and its decision was affirmed by the Veterans’ Review Board (the VRB). 

2.      The matter has previously been heard by a differently constituted Tribunal.  The Tribunal decided on that occasion to affirm the decision under review.  The applicant appealed the decision to the Federal Court, which upheld the appeal and remitted the matter to the Tribunal for reconsideration.

3. I heard the matter in Townsville on 15 July 2004. The applicant was represented by Mr Honchin of counsel. The respondent was represented by Ms Bowskill of counsel. The documents compiled pursuant to s 37 Administrative Appeals Tribunal Act 1975 were before the Tribunal.  The applicant also tendered his own statement and a file photograph of a Centurion Tank with soldiers riding on its exterior.  The respondent submitted a report of Dr McCarthy dated 10 September 2002 and a statement of Colonel Church dated 25 November 2002.  I also examined the transcript of the earlier hearing dated 27 November 2002.

4.      Mr Keleris says he experienced five stressful events while on active service which are responsible for his conditions.  Some important detail changed in the various accounts of the story.  Below I recount the story as told on the day of the hearing of 15 July 2004.  I will discuss the previous evidence given later on in this decision.

Incident #1: the tank incident

5.      Mr Keleris says he was travelling with a convoy which was to set up artillery fire support.  He was to form part of a protective cordon around that artillery setup.  He says he was riding on a Centurion tank when the tank drove over a mine.  The explosion blew the right track off the tank, immobilising it.  When a recovery tank pulled the stricken tank backward, it hit another mine.  Mr Keleris says he was worried he would not be able…