Leitch and Repatriation Commission (Veterans' entitlements) [2021] AATA 578 (18 March 2021)
Division:VETERANS’ APPEALS DECISION
File Number(s): 2017/4432
Re:Geoffrey Leitch
APPLICANT
AndRepatriation Commission
RESPONDENT
DECISION
Tribunal:S Taglieri SC, Member
Date: 18 March 2021
Place:Hobart
Decision Affirmed
....................[sgd].................................
Sandra Taglieri SC, MemberCatchwords
Veterans’ entitlements – eligibility for increase in pension rate – whether a disease or injury is defence-caused – alcohol use disorder – generalised anxiety disorder – temporal requirements of Statement of Principles – decision under review is affirmed.
Legislation
Veterans’ Entitlements Act 1986 (Cth)
Statement of Principles concerning anxiety disorder No. 103 of 2014
Statement of Principles concerning alcohol use disorder (Balance of Probabilities) No. 49 of 2017Cases
Simos v Repatriation Commission (2013) 212 FCR 391.
Repatriation Commission v Deledio (1998) 83 FCR 82.Repatriation Commission v Gorton (2001) 110 FCR 321.
Secondary Materials
American Psychiatric Association, Diagnostic and Statistical Manual of Mental Disorders (5th Ed, 2013).
REASONS FOR DECISION
Between 1969 and 1989, the Applicant served in the Royal Australian Navy. At the time he enlisted, he was 17 years old. He served on various naval ships and performed various duties, being promoted over the years of his service to Warrant Officer at the time of discharge. He is currently 68 years of age.
The Applicant is in receipt of a part disability pension pursuant to the Veterans’ Entitlements Act 1986 (VEA) for physical conditions. He claims to be entitled to an increase in pension on account of suffering an anxiety disorder and alcohol use disorder. His claim was rejected by the Repatriation Commission and the Veterans’ Review Board affirmed that decision on 9 December 2016 (the reviewable decision).
On 7 December 2020, the Tribunal conducted a hearing regarding an application to review the reviewable decision. Prior claims had been made for anxiety disorder and alcohol use disorder by the Applicant in 2007 and 2013. Documentation in respect of those claims was tendered into evidence as part of the “T documents” that were received by the Tribunal for the purposes of the current proceedings. Although documents relating to the past claims are of some interest and relevance, the Tribunal is required to conduct a fresh merits review hearing to determine the Applicant’s claims.
The evidence of most assistance in the proceedings is the oral evidence of the Applicant and the expert witnesses called by the parties, as the Tribunal had the opportunity to assess their evidence after it was tested by cross-examination.
For the purpose of the proceedings before the Tribunal, the parties agreed that the following issues were those for determination by the Tribunal:
(a)whether the Applicant suffered either a generalised anxiety disorder (GAD) or alcohol use disorder (AUD); and
(b)if he suffered either disorder, whether it was defence-caused.
In opening submissions, both counsels agreed that for the purposes of determining whether either of the claimed disorders were defence-caused, the applicable Statements of Principles (SOP) were —
(a)anxiety disorder, SOP No. 103 of 2014; and
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- Case
- [2021] AATA 578
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the Applicant suffered from GAD and AUD, and if so, whether these conditions were defence-caused in accordance with the relevant SOPs. The Applicant provided evidence regarding his alcohol consumption during his service, which he stated was not significant. He also described witnessing a traumatic incident involving a pilot ejecting from an aircraft and subsequently dying, which he found deeply upsetting and which he still visualises.
The Member considered the Applicant's evidence concerning his alcohol consumption and concluded that it did not satisfy the temporal requirements of the SOP for AUD. Regarding the GAD claim, the Member found that while the Applicant had described a distressing event, the evidence did not establish a sufficient link between this event and the onset of GAD as required by the relevant SOP. Consequently, the Applicant failed to establish that his conditions were defence-caused.
The decision under review was affirmed.
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