Maureen Hill and Repatriation Commission

[2010] AATA 540

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2010] AATA 540

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N 200600561

VETERANS' APPEALS  DIVISION		)
Re		Maureen Hill

Applicant

And Repatriation Commission

Respondent

DECISION

Tribunal M.D. Allen, Senior Member
Dr J Campbell, Member

Date21 July 2010

PlaceSydney

Decision Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975, the decision under review is AFFIRMED.

....................[sgd].....................

M D Allen, Presiding Member  

CATCHWORDS

VETERANS’ ENTITLEMENTS:  Medical cause of death.  Tribunal satisfied that cause of death was glomerulonephritis which was not linked to war service.  War-caused Ischaemic Heart Disease not a cause of death.  

LEGISLATION

Veterans’ Entitlements Act 1986, Sections 8, 13, 196B, 120 and 120A

CASES

Collins v Repatriation Commission [2009] FCAFC 90

Hill v Repatration Commission [2009] FCAFC 91

REASONS FOR DECISION

21 July 2010 M.D. Allen, Senior Member
Dr J Campbell, Member     

1. The Applicant is the widow of the late Dr John Walker, a Veteran who had operational service as that term is defined in section 6A of the Veterans’ Entitlements Act 1986 (“VEA”).

2.      The real issue in this matter is what was the medical cause or causes of the death of the late Veteran.

3.      Initially the Administrative Appeals Tribunal (“AAT”) had determined that the kind of death suffered by the Veteran was that of heart failure and kidney failure.  That decision was, both on appeal to the Federal Court at first instance and on further appeal to the Full Court, held to be an error of law.  See Repatriation Commission v Hill [2009] FCA 270 and Hill v Repatriation Commission [2009] FCAFC 91.

4. Sections 8 and 13 of the VEA make reference to the “war-caused death” of a Veteran. Later sections namely 196B and 120A make reference to the “kind of death” suffered by the Veteran. In Collins v Repatriation Commission [2009] FCAFC 90 the Full Court of the Federal Court said at paragraph 78:

“As noted above, it is common ground that the reference to ‘death’ in ss 8 and 13 of the VE Act is to the medical cause or causes of death.  It is also common ground that the reference to ‘kind of death’ in ss 120A and 196B is also to the medical cause or causes of death.  The link between those expressions through ss 120 and 120A is clear.  They each ask a ‘causative question’, to use the expression used by Gordon J in Codd at [31], even though that is not express.”

5.      The Death Certificate pertaining to the deceased read:

“(i) (a) Delerium secondary to acute chronic renal failure – end stage, 1 year.

(b) Heart failure, 2 weeks.

(ii) Progressive dementia, 2 years.”

6.      As pointed out in Hill v Repatriation Commission supra, the death certificate is part of the evidence on which the medical cause or causes of death is determined.  It is not itself determinative of that issue.  At paragraph 26 the Court pointed out that there may be more than one…