McCutcheon and Repatriation Commission

Case [2006] AATA 744


Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 744

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2006/111

VETERANS' APPEALS DIVISION )
Re QUENTIN ALEXANDER MCCUTCHEON

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member P McDermott
Assoc Professor J B Morley, Member

Date31 August 2006

PlaceBrisbane

Decision

The Tribunal sets aside the decision of the Veterans’ Review Board on 23 January 2006, which affirmed the decision of the Repatriation Commission of 24 March 2004, and substitutes the following decision:

(a)      affirms the decision of the Veterans’ Review Board in relation to Mr McCutcheon’s claim for alcohol abuse and dependence; and

(b) decides that Mr McCutcheon’s generalised anxiety disorder is a war-caused disease within the meaning of s9 of the Veterans’ Entitlement Act 1986 and that he is entitled to receive a pension for the incapacity associated with this condition with effect from 21 March 2004. 

........[Sgd].....................................

Senior Member 

CATCHWORDS

VETERANS’ ENTITLEMENTS – operational service – claim that generalised anxiety disorder and alcohol abuse and dependence were war-caused – consideration of Statement of Principles.

Veterans’ Entitlements Act 1986 (Cth) ss 6, 6C, 6F, 9, 13, 120(1), 120(3), 120A and 196

Bull v Repatriation Commission (2001) 188 ALR 756
Hardman v Repatriation Commission  [2004] FCA 1174
Elliott v Repatriation Commission (2002) 73 ALD 377
East v Repatriation Commission (1987) 16 FCR 517
Repatriation Commission v Bey (1997) 79 FCR 364
Lees v Repatriation Commission (2002) 125 FCR 331
White v Repatriation Commission (2004) 39 AAR 67
Stonehouse and Repatriation Commission [2004] AATA 707
Robertson and Repatriation Commission (1998) 50 ALD 668
Repatriation Commission v Cornelius [2002] FCA 750
Bushell v Repatriation Commission (1992) 175 CLR 408
Byrnes v Repatriation Commission (1993) 177 CLR 564

REASONS FOR DECISION

1.      Mr Quentin McCutcheon served with the Royal Australian Air Force in Vietnam. We have to consider whether he should be granted a pension for generalised anxiety disorder and alcohol abuse and dependence as a result of his service.

Decisions

2.      On 24 March 2004 the Repatriation Commission (‘Commission”) rejected a claim for pension for generalised anxiety disorder and alcohol abuse and dependence.

3.      Mr McCutcheon sought a review of this decision from the Veterans’ Review Board. On 23 January 2006 the Veterans’ Review Board affirmed this decision.  Mr McCutcheon has applied to this Tribunal to review the decision of the Commission, as affirmed by the Veterans’ Review Board.

Issues before the Tribunal

4.      We have to decide whether the conditions of generalised anxiety disorder and alcohol abuse and dependence are war-caused for the purposes of the Veterans’ Entitlements Act 1986 (Cth) (the “Act”).

5.      We consider that if Mr McCutcheon is successful, the date of effect in relation to these claims is 21 March 2004.

Service

6.      Mr McCutcheon served in the Royal Australian Air Force from 24 January 1966 until 23 January 1972.  He rendered a period of operational service in Vietnam from 27 August 1969 until 30 July 1970. 

7.      Mr McCutcheon asserts in these proceedings, that various stressful…

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AGLC
McCutcheon and Repatriation Commission [2006] AATA 744
Case
[2006] AATA 744
Decision Date

CaseChat Overview and Summary

The case of McCutcheon and Repatriation Commission involved Mr McCutcheon, who sought to have his generalised anxiety disorder and alcohol abuse and dependence recognised as war-caused conditions under the Veterans’ Entitlements Act 1986. The dispute was brought before the Administrative Appeals Tribunal, which was tasked with reviewing decisions made by the Veterans’ Review Board and the Repatriation Commission.

The central legal issues were whether Mr McCutcheon's conditions were war-caused and whether they qualified as diseases under the Act, specifically under section 9. The Tribunal had to consider relevant case law and the provisions of the Act, including the interpretation of what constitutes a war-caused disease and the criteria for establishing a connection between service and the claimed conditions. The application of the Statement of Principles was also a crucial element in determining the eligibility for the pension.

In its reasoning, the Tribunal found that the Veterans’ Review Board had correctly dismissed the claim regarding alcohol abuse and dependence, affirming the decision of the Repatriation Commission. However, regarding the generalised anxiety disorder, the Tribunal found that it was indeed a war-caused disease. This conclusion was based on the evidence presented and the application of relevant legal principles and authorities. The Tribunal set aside the previous decisions and substituted its own, recognising Mr McCutcheon's generalised anxiety disorder as war-caused and granting him entitlement to a pension for the associated incapacity.

The Tribunal's final orders were to affirm the Veterans’ Review Board's decision on the alcohol abuse and dependence claim while deciding that Mr McCutcheon's generalised anxiety disorder was war-caused. Consequently, he was entitled to a pension for the incapacity related to this condition, effective from 21 March 2004.

Orders

Orders of the court

The Tribunal sets aside the decision of the Veterans’ Review Board on 23 January 2006, which affirmed the decision of the Repatriation Commission of 24 March 2004, and substitutes the following decision:

(a) affirms the decision of the Veterans’ Review Board in relation to Mr McCutcheon’s claim for alcohol abuse and dependence; and

(b) decides that Mr McCutcheon’s generalised anxiety disorder is a war-caused disease within the meaning of s9 of the Veterans’ Entitlement Act 1986 and that he is entitled to receive a pension for the incapacity associated with this condition with effect from 21 March 2004.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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