Lipscombe and Repatriation Commission

[2004] AATA 79

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 79

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No Q2001/804

VETERANS' APPEALS DIVISION		)
Re		ARTHUR LIPSCOMBE

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr I R Way, Member

Date30 January 2004 

PlaceBrisbane

Decision

The Tribunal sets aside the decision under review and in substitution therefor determines that the applicant suffers from war-caused post traumatic stress disorder, alcohol dependence and alcohol abuse.

The matter is remitted to the respondent for assessment of pension payable to the applicant in accordance with the Tribunal’s reasons for decision, with date of effect of 18 May 2000.

...................(Sgd)......................

IR Way
  Member

CATCHWORDS

VETERANS’ AFFAIRS – benefits and entitlements – pension – post traumatic stress disorder and alcohol dependence / abuse – whether conditions caused by applicant’s war service – hypothesis - applicant suffered severe stressor – meaning of “severe stressor” – applicant suffering from psychiatric condition prior to clinical onset of alcohol dependence / abuse - reasonable hypotheses raised – hypotheses not disproved – decision set aside

Veterans’ Entitlements Act 1986 ss 9, 120, 120A, 196B

Stoddart v Repatriation Commission [2003] FCA 334
Treloar v Australian Telecommunications Commission (1990) 97 ALR 321
Re Briggs and Repatriation Commission [2003] AATA 603
Re Ellis and Repatriation Commission [2003] AATA 252
Roncevich v Repatriation Commission [2003] FCAFC 146
Re Ballantyne and Repatriation Commission [2003] AATA 1186
Repatriation Commission v Deledio (1998) 83 FCR 82
Woodward v Repatriation Commission [2003] FCAFC 160
Repatriation Commission v Stoddart [2003] FCAFC 300

REASONS FOR DECISION

30 January 2004  Mr I R Way, Member          

1.       This is an application by Arthur Lipscombe for review of a decision of the Repatriation Commission, dated 29 March 2001 and affirmed by the Veterans’ Review Board (VRB) on 8 August 2001, which determined that the applicant does not suffer from war-caused post traumatic stress disorder (PTSD), or alcohol dependence or abuse. 

2. The Tribunal had before it the documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (T1 to T6) and other documentary evidence as follows:

·     Exhibit A1 - Statement of Arthur Lipscombe, dated 11 February 2002

·     Exhibit A2 - Statement of Arthur Lipscombe, dated 22 October 2002

·     Exhibit A3 - Statement of Bryan Burdett, dated 9 September 2002

·     Exhibit A4 - Report of Dr Anderson, dated 5 March 2003

·     Exhibit R1 – Transcript of VRB hearing on 8 August 2001

·     Exhibit R2 – Writeway Research Report, dated 21 January 2003

·     Exhibit R3 – Report of Dr Leong, dated 8 May 2003

·     Exhibit R4 – Medical documents and Navy Policy on Venereal Disease

·     Exhibit R5 – Maps of Sebarang Prai – Penang

3.       The applicant was represented by Mr A Harding, instructed by Gilshenan and Luton and the respondent was represented by Mr D McAninly, Departmental advocate.  The applicant and Commodore P Mulcare gave oral evidence.  Evidence was given by telephone by Mr B Burdett, Dr B Anderson and Dr M…