May and Repatriation Commission

[2003] AATA 1216

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 1216

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2001/63

VETERANS' APPEALS DIVISION		)
Re		VALMA BUDD MAY

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr B J McCabe, Senior Member

Date4 December 2003

PlaceBrisbane

Decision The Tribunal affirms the decision under review. 

(Sgd) B J McCabe
Senior Member

CATCHWORDS

VETERANS’ AFFAIRS – benefits and entitlements – war widow’s pension – whether the death of the veteran was caused by his war service – whether veteran suffered from vascular dementia or Alzheimer’s disease – diagnosis – standard of proof required – whether a different standard of proof applies in death cases

Veterans’ Entitlements Act 1986

Cooke v Repatriation Commission (1998) 160 ALR 17
Budworth v Repatriation Commission [2001] FCA 1421
Re Cowie and Repatriation Commission [1999] AATA 334
Re Campbell and Repatriation Commission [2001] AATA 559
Re Turner and Repatriation Commission [2002] AATA 799
Benjamin v Repatriation Commission (2001) 34 AAR 270
Deledio v Repatriation Commission (1998) 49 ALD 193

REASONS FOR DECISION

4 December 2003 Mr B J McCabe, Senior Member

Introduction

1.      The applicant in these proceedings is Mrs Valma May. Her late husband was a veteran of World War II. He died on 15 March 2000. The cause of death was certified as pneumonia, but it was accepted the veteran suffered from dementia and Alzheimer’s disease. The applicant says Mr May’s death was related to his service because he suffered from vascular dementia. The respondent and the Veterans’ Review Board rejected the applicant’s claim.

2.      The case turns on whether a diagnosis of vascular dementia can be made out having regard to the Statement of Principles relating to cerebrovascular disease, and on whether – if the diagnosis is accepted – there is a reasonable hypothesis connecting that condition with the veteran’s service as required under the Veterans’ Entitlements Act 1986 (the Act).

The Material before the Tribunal

3. The Tribunal was provided with the documents required under s 37 of the Administrative Appeals Tribunal Act 1975. It was also provided with three statements by the applicant, dated 15 May 2001 (Exhibit 2), 2 June 2001 (Exhibit 4) and 30 May 2002 (Exhibit 3); and a range of medical evidence:

§Report of Dr Labrom, 6 March 2002 (Exhibit 5) and notes (Exhibit 10)

§Report of Dr Goodwin dated 13 September 2001 (Exhibit 6)

§Report of Dr Goodwin dated 27 November 2002 (Exhibit 7)

§Report of Dr Chalk dated 3 December 2002 (Exhibit 8)

§Report of Dr Rowland dated 9 September 1960 (Exhibit 11)

§Report of Dr Richards dated 14 September 1960 (Exhibit 12), and

§Clinical notes from Hopetoun Nursing Home (Exhibit 9)

4.      Mr Harding, for the applicant, also tendered extensive and useful written submissions. Mr Smith appeared for the respondent.

The Facts

5.      The applicant’s husband, Mr Donald May, enlisted in the Royal Australian Air Force on 27 April 1942. He was demobilised on 20 December 1945 after having served in Canada with the Royal Canadian…