Lees and Repatriation Commission

[2005] AATA 549

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 549

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No  Q2004/650

VETERANS’ APPEALS DIVISION		)
Re		ANTHONY LEES

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member McCabe

Date9 June 2005

PlaceBrisbane

Decision The applicant does not suffer from PTSD. To that extent, the decision under review is affirmed. The question of whether or not his alcohol condition is service related is remitted to the Repatriation Commission for reconsideration pursuant to s 42D of the Administrative Appeals Tribunal Act 1975.

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

SENIOR MEMBER

CATCHWORDS

VETERANS’ AFFAIRS – Veterans’ Entitlements – application for increase in rate of disability pension – diagnosis of psychiatric condition in issue – applicant does not suffer PTSD – matter remitted for consideration of war-caused alcohol abuse or dependence.

Veterans’ Entitlements Act 1986, s 120

Benjamin v Repatriation Commission (2001) 70 ALD 622; (2001) 34 AAR 270; [2001] FCA 1879

REASONS FOR DECISION

9 June 2005  Senior Member B J McCabe

introduction

1.      Mr Anthony Lees is a naval veteran. He says he suffers from Post Traumatic Stress Disorder (PTSD) as a result of an event that occurred while he served on HMAS Sydney when the vessel was anchored in Vung Tau harbour during the Vietnam conflict. He has applied for an increase in the rate of his disability pension payable under the Veteran’s Entitlements Act 1986 (the VEA). The respondent disputes the diagnosis, and says the applicant cannot satisfy the relevant statement of principles (SoP).

material before the tribunal

2. The Tribunal was provided with the documents required under s 37 of the Administrative Appeals Tribunal Act 1975. The following documents were also admitted into evidence and considered by the Tribunal:

·Report of Dr Phillip Bird dated 3 March 2001 (exhibit 2);

·Report of Dr Phillip Bird dated 26 June 2001 (exhibit 3);

·Report of Dr Phillip Bird dated 4 May 2004 (exhibit 4);

·Report of Dr Phillip Bird dated 17 January 2005 (exhibit 5);

·Statement of Lieutenant Commander Burridge dated 20 January 2003 (exhibit 6);

·Statutory Declaration of Ross Edward Eberhardt dated 12 July 2004 (exhibit 7);

·Combined statement of Anthony Lees undated with attachments - filed 31 January 2003 (exhibit 8);

·Curriculum Vitae of Dr Phillip Bird (exhibit 9);

·Pathology report of Drs Appleton and Brown dated 27 October 2004 (exhibit 10);

·Writeway Research Report dated 14 January 2003 (exhibit 11);

·Statement of Commander P J Burn undated – filed 11 March 2003 (exhibit 12);

·Commissioning letter to Dr Chalk from the Australian Government Solicitor dated 20 October 2004 (exhibit 13);

·Admiral Sinclair’s Commendation for Anthony Lees dated November 1987 (exhibit 14);

·Income Support Pension Claim – invalidity details of Anthony Lees dated 8 June 1999 (exhibit 15);

·Report of Dr Chalk dated 1 November 2004 (exhibit 16).

3.      The applicant gave evidence in person. Mr Eberhardt, a veteran who served on the Sydney and was familiar with the events in question, gave evidence on behalf of the applicant. Dr Bird also gave…