[2012] AATA 930
Division VETERANS' APPEALS DIVISION File Number
2012/1445
Re
Louis Halvorson
APPLICANT
And
Repatriation Commission
RESPONDENT
DECISION
Tribunal Deputy President S D Hotop
Date 21 December 2012 Place Perth The decision under review is affirmed.
...(sgd) S D Hotop...............
S D Hotop, Deputy President
CATCHWORDS
VETERANS' AFFAIRS – veterans' entitlements – disability pension – applicant served in Royal Australian Air Force – applicant rendered operational service – applicant suffers from social phobia and psoriasis – material before Tribunal does not raise reasonable hypothesis connecting applicant's social phobia or psoriasis with operational service – applicant’s social phobia and psoriasis not war-caused – decision under review affirmed
LEGISLATION
Veterans’ Entitlements Act 1986 (Cth), s 5D(1), s 7(1), s 9(1), s 120, s 120A and s 196B
Statement of Principles concerning psoriasis No 31 of 2012
Instrument No 56 of 2002 concerning psoriasis
CASES
Benjamin v Repatriation Commission (2001) 70 ALD 622
Repatriation Commission v Budworth (2001) 116 FCR 200
Repatriation Commission v Cooke (1998) 90 FCR 307
Repatriation Commission v Gorton (2001) 110 FCR 321REASONS FOR DECISION
Deputy President S D Hotop
21 December 2012
Introduction
Louis Halvorson (“the applicant”), who was born in June 1933, served in the Royal Australian Air Force (“RAAF”) from 25 March 1952 to 24 March 1964 and from 4 January 1965 to 4 April 1974. He rendered “operational service”, for the purposes of Part II of the Veterans’ Entitlements Act 1986 (Cth) (“VE Act”), from 12 September 1959 to 31 January 1962 and from 15 December 1969 to 20 December 1969, and “defence service”, for the purposes of Part IV of the VE Act, from 7 December 1972 to 4 April 1974.
On 27 April 2010 the applicant claimed disability pension under the VE Act in respect of conditions described by him as “panic attacks/anxiety” and “skin problems” of which he first became aware in “1984” and which he claimed were war-caused or defence-caused.
On 16 March 2011 a delegate of the Repatriation Commission (“the respondent”) decided that “posttraumatic stress disorder and psoriasis are not related to service”.
On 20 October 2011 the Veterans’ Review Board (“VRB”) varied the delegate’s decision by substituting the diagnosis of “social phobia” for “post traumatic stress disorder”, and affirmed that decision (as varied).
On 20 April 2012 the applicant lodged with the Tribunal an application for review of the VRB’s decision of 20 October 2011. On 4 May 2012 the Tribunal granted to the applicant an extension of time until 20 April 2012 for the lodging of that application for review.
The Evidence
The evidence before the Tribunal comprised:
·the “T Documents” (T1–T12) lodged by the respondent in accordance with s 37 of the Administrative Appeals Tribunal Act 1975 (Cth);
·supplementary documents (ST1–ST12) filed by the respondent on 21 September 2012 (Exhibit R1);
·Exhibits A1–A3 tendered by the applicant;
·Exhibits R2 – R5 tendered by the respondent; and
·the oral evidence of Dr Jonathon Spear.
The Applicant’s Prior Claim History
The history of the applicant’s previous claims…
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- [2012] AATA 930
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide included whether the applicant's PTSD was caused by his military service and if it qualified for compensation under the Veterans' Entitlements Act 1986 (VE Act). The court had to consider the applicant's medical history, the findings of various psychiatrists, and the Commission’s earlier decisions. It also had to determine if the applicant's condition met the criteria for a war-caused injury or disease under the VE Act.
The court reviewed the applicant's history of claims and the medical evidence provided. The Tribunal noted that the applicant had previously claimed compensation for anxiety, which was denied. Despite the applicant's assertions and medical opinions suggesting a link between his condition and his military service, the court found that there was insufficient evidence to establish that the applicant's PTSD was war-caused. The court relied on the reports from various medical professionals, including Dr John Pougher and Dr Lance Risbey, who provided differing opinions on the causation of the applicant's condition. Ultimately, the court concluded that the applicant's condition did not meet the statutory criteria for a war-caused injury or disease.
The Tribunal affirmed the Repatriation Commission's decision, finding that the applicant's claim for compensation was not substantiated by the evidence. The court dismissed the applicant's appeal and upheld the original decision denying his claim for compensation.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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