Kidd and Repatriation Commission (Veterans’ entitlements)

The Administrative Appeals Tribunal, presided over by SM J F Toohey, considered the claim of Mr Kidd for increased veterans' entitlements. The dispute centred on whether Mr Kidd's morbid obesity and hypertension were related to his military service, and consequently, whether these accepted disabilities alone prevented him from continuing in remunerative employment and caused a loss of income, thereby entitling him to a special rate of pension.

The Tribunal was required to determine two primary legal issues. Firstly, whether Mr Kidd's morbid obesity and hypertension were conditions that could be accepted as arising from or being aggravated by his service. Secondly, and crucially for the special rate, whether the accepted disabilities, considered in isolation, were the sole cause of his inability to continue in remunerative employment and his subsequent loss of income.

In reaching its decision, the Tribunal applied the principles governing the grant of a special rate of pension under the *Veterans' Entitlements Act 1986* (Cth). The Tribunal was not satisfied that Mr Kidd's accepted disabilities, taken alone, were the reason he could no longer undertake the remunerative work he was previously engaged in, nor that they were the cause of any income loss. Consequently, the Tribunal affirmed the decision under review.