Lamb and Repatriation Commission

[2005] AATA 40

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 40

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No Q2004/140

VETERANS' APPEALS DIVISION		)
Re		WAYNE PHILLIP LAMB

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr K S Levy, Member

Date18 January 2005          

PlaceBrisbane

Decision

The Tribunal  decides:

(a)      that the veteran’s conditions of generalised anxiety disorder, dysthymia and alcohol abuse are not war-caused; and

(b)       that the decision under review is affirmed.

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

K S Levy
  Member

CATCHWORDS

VETERANS’ APPEALS – pensions and benefits – whether diagnoses of generalised anxiety disorder, dysthymia and alcohol abuse war-caused – whether SoPs met – decision affirmed

Veterans’ Entitlements Act 1986 ss 5D, 6C, 7, 9, 13, 120, 120A, 196B

Byrnes v Repatriation Commission (1993) 177 CLR 564; (1993) 30 ALD 1
White v Repatriation Commission [2004] FCA 663
Stoddart v Repatriation Commission [2003] FCA 334; (2003) 74 ALD 366
Shelton v Repatriation Commission [1999] FCA 181; (1999) 58 ALD 256
Repatriation Commission v Hancock [2003] FCA 711
Repatriation Commission v Deledio (1998) 83 FCR 82; (1998) 49 ALD 193
Mines v Repatriation Commission [2004] FCA 1331
Benjamin v Repatriation Commission (2001) 70 ALD 622
Robertson and Repatriation Commission (1998) 50 ALD 668
Repatriation Commission v Cornelius [2002] FCA 750

Lees v Repatriation Commission (2002) 125 FCR 331
Re Hillier and Repatriation Commission [2004] AATA 897
Repatriation Commission v Law (1980) 31 ALR 140
Delahunty v Repatriation Commission [2004] FCA 309
Repatriation Commission v Cooke (1998) 160 ALR 17
Repatriation Commission v Gosewinckel (1999) 59 ALD 690
Repatriation Commission v Budworth [2001] FCA 1421

REASONS FOR DECISION

18 January 2005 Dr K S Levy, Member          

Introduction

1. This is an application under section 29(1) of the Administrative Appeals Tribunal Act 1975 for a review of a decision of the Veterans’ Review Board dated 10 November 2003. 

2.       In that decision, the applicant, Wayne Phillip Lamb, sought a review of the decision of the Repatriation Commission dated 25 July 2002 insofar as it denied a claim for treatment and pension for anxiety disorder, social phobia, depressive disorder and alcohol dependence or alcohol abuse, as being attributable to operational service under the Veterans’ Entitlements Act 1986 (“the Act”).

3.       The applicant has recognised disabilities from his defence service for osteoarthrosis of the right elbow and bilateral sensori-neural hearing loss.  This entitles the applicant to a disability pension of 40% of the General Rate with effect from 26 January 2002.

4.       The current application is based on two incidents which occurred while he was on operational service with the Royal Australian Navy in Vietnam on HMAS Brisbane.  Both of these incidents are claimed to be sufficiently traumatic to satisfy the factors specified in the relevant Statements of Principles, where they have been issued.  If these claims are accepted, then the rate of pension applicable to the veteran would then need to be adjusted appropriately.

5.       The applicant was represented by Mr N Jarro of Counsel, instructed by Sciacca’s Lawyers.  The respondent was…