McKinley and Repatriation Commission (Veterans' entitlements)

This matter came before the Tribunal concerning an application by Ms Jennifer McKinley for a disability pension under the *Veterans' Entitlements Act 1986* (Cth). Ms McKinley sought to claim a pension for Post-Traumatic Stress Disorder (PTSD) and Generalised Anxiety Disorder (GAD) allegedly arising from her service in the Australian Army, particularly during her deployment to East Timor between October 1999 and February 2000. The Repatriation Commission opposed the claim.

The primary legal issue before the Tribunal was whether Ms McKinley's claimed psychological conditions were war-caused, within the meaning of the *Veterans' Entitlements Act 1986*. This required the Tribunal to determine if the alleged incidents during her service in East Timor, or other service-related events, were the actual or significant contributing cause of her diagnosed PTSD and GAD, and if so, whether these conditions met the criteria for a pension. The Tribunal was also required to assess the credibility and reliability of Ms McKinley's evidence regarding the specific incidents she relied upon to support her claim.

The Tribunal reviewed the extensive evidence amassed over 34 years, including Ms McKinley's service records, medical reports, and her own testimony. It noted inconsistencies and imprecision in her accounts of various incidents, such as those involving Indonesian soldiers at Dili Airport and her observations at Dili Hospital. The Tribunal found that Ms McKinley's memory of certain events, including the presence of casualties and a partially buried limb, was unclear and potentially influenced by dreams rather than direct recollection. The Tribunal also considered a prior diagnosis of PTSD following a motorcycle accident in 1997, which Ms McKinley stated she had fully recovered from.

Given the lack of clear and convincing evidence directly linking Ms McKinley's claimed psychological conditions to specific service-related incidents, and the inconsistencies in her testimony, the Tribunal was unable to conclude that her conditions were war-caused. Consequently, the Tribunal did not grant Ms McKinley's application for a disability pension.