Meehan and Repatriation Commission

[2003] AATA 429

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 429

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No N2002/1168

VETERANS' APPEALS DIVISION		)
Re		SYDNEY JAMES MEEHAN

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr M J Sassella, Senior Member
Dr M E C Thorpe, Member

Date9 May 2003

PlaceSydney

Decision The tribunal affirms the decision under review as varied by the Veterans’ Review Board.

[SGD] M. J. Sassella
  Senior Member

CATCHWORDS

VETERANS' ENTITLEMENTS - Disability Pension - generalised anxiety disorder - whether disease war-caused - whether disease had clinical onset within two years of experiencing a stressful event - meaning of "clinical onset" - meaning of "stressful event" - material to be considered in forming opinion whether reasonable hypothesis exists

Veterans’ Entitlements Act 1986 ss 20(1), 120(1), (3), 120A(3), 196B

Statement of Principles 1/2000 concerning anxiety disorder

Statement of Principles 48/94 as amended by 275/95 concerning generalised anxiety disorder

Bey, Repatriation Commission v (1997) 79 FCR 365

Bushell v Repatriation Commission (1992) 175 CLR 408

Byrnes v Repatriation Commission (1993) 177 CLR 564

Cornelius v Repatriation Commission [2002] FCA 750

Deledio, Repatriation Commission v (1998) 49 ALD 193

East v Repatriation Commission (1987) 12 ALD 389

Gorton, Repatriation Commission v (2001) 33 AAR 370

Gosewinckel, Repatriation Commission v (1999) 59 ALD 690

Lees v Repatriation Commission [2002] FCAFC 398

Meehan and Repatriation Commission, Re [2000] AATA 987

Meehan and Repatriation Commission, Re [2002] AATA 273

Meehan v Repatriation Commission (2001) 64 ALD 366

Meehan v Repatriation Commission (2002) 35 AAR 353

O’Neil v Repatriation Commission (2001) 34 AAR 290

Owens, Repatriation Commission v (1996) 70 ALJR 904

Williams, Repatriation Commission v [2001] FCA 1195.

REASONS FOR DECISION

9 May 2003 Mr M J Sassella, Senior Member
Dr M E C Thorpe, Member            

APPLICATION

1.       This is an application to the Administrative Appeals Tribunal (“the tribunal”) by James Sydney Meehan (“the applicant”), born 24 February 1952 (AB1/13), for review of a decision by a delegate of the Repatriation Commission (“the respondent”).  That decision was made on 3 June 1996 (AB1/T2) and involved, among other things, rejection of a claim by the applicant for Disability Pension in respect of the disease of post traumatic stress disorder he was said to be suffering.  A Disability Pension is paid pursuant to Part II of the Veterans’ Entitlements Act 1986 (“the Act”)[1].  That part of the decision was affirmed by the Veterans’ Review Board (“the VRB”) on 16 March 1999 (AB1/T31).

[1] Meehan is in receipt of a Disability Pension paid at 20% of the general rate in respect of bilateral sensorineural hearing loss with tinnitus (TD1/1A).

3.       This application has reached the current tribunal by a circuitous route.  The tribunal initially affirmed the decision under review on 14 November 2000 in Re Meehan and Repatriation Commission [2000] AATA 987. The applicant appealed that decision to the Federal Court of Australia.

·     On 25 May 2001 Wilcox J in that court handed down a decision in Meehan v Repatriation Commission (2001)…