Monteith and Repatriation

Case [2003] AATA 339

Administrative

Appeals

Tribunal
 

DECISION AND REASONS FOR DECISION [2003] AATA 339

ADMINISTRATIVE APPEALS TRIBUNAL      )           No N1999/1597

)                N2001/153

VETERANS' APPEAL DIVISION )
Re Thomas Robertson Monteith

Applicant

And

Repatriation Commission

Respondent

DECISION

Tribunal Ms S M Bullock,     Senior Member
Dr M E C Thorpe,  Member

Date11 April 2003

PlaceSydney

Decision

Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975 the Administrative Appeals Tribunal decides to:

(i)       Set aside the decisions under review in relation to chronic airflow limitation, diabetes mellitus, post traumatic stress disorder with alcohol dependence and substitute its decision that the conditions of chronic airflow limitation and alcohol dependence are war-caused and Disability Pension for these conditions is payable with effect from and including 11 April 1997.  The condition of diabetes mellitus is war-caused with effect from and including 21 September 1999.  The condition of hypertension is war-caused with Disability Pension being payable from and including 17 June 1997.

(ii)      The decision under review in relation to post traumatic stress disorder is affirmed.

...............................................

Ms S M Bullock
  Presiding Member

DECISION (CORRIGENDUM)

Before :     Ms S M Bullock – Senior Member
                  Dr MEC Thorpe – Member

Date:        6 June 2003

Place:      Sydney

The Tribunal made a decision in this matter dated 11 April 2003 pursuant to section 43 of the Administrative Appeals Tribunal Act 1975 (“the Act”).

It has come to the Tribunal’s attention that the Tribunal omitted to make reference in the decision to assessment of Disability Pension.

The Tribunal desires to amend the decision pursuant to section 43AA of the Act and provides as follows:

A.  Page 1 and 2

Decision:“Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975 the Administrative Appeals Tribunal decides to:

(i)Set aside the decisions under review in relation to chronic airflow limitation, diabetes mellitus, post traumatic stress disorder with alcohol dependence and substitute its decision that the conditions of chronic airflow limitation and alcohol dependence are war-caused and Disability Pension for these conditions is payable with effect from and including 11 April 1997.  The condition of diabetes mellitus is war-caused with effect from and including 21 September 1999.  The condition of hypertension is war-caused with Disability Pension being payable from and including 17 June 1997.

(ii)The assessment of all accepted war-caused disabilities is remitted to the Repatriation Commission.

(iii)The decision under review in relation to post traumatic stress disorder is affirmed.”

B. Paragraph 196, page 85

“196. In conclusion, for all of the reasons set out above and considering all of the evidence, the Tribunal decides pursuant to section 43 of the Administrative Appeals Tribunal Act 1975 to:

(i)Set aside the decisions under review in relation to chronic airflow limitation, diabetes mellitus, post traumatic stress disorder with alcohol dependence and substitute its decision that the conditions of chronic airflow limitation and alcohol dependence are war-caused and Disability Pension for these conditions is payable with effect from and including 11 April 1997.  The condition of diabetes mellitus is war-caused with effect from…

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AGLC
Monteith and Repatriation [2003] AATA 339
Case
[2003] AATA 339
Decision Date

CaseChat Overview and Summary

Monteith, an Australian veteran, sought a review of decisions concerning his entitlement to a Disability Pension for various conditions, which were originally made by Veterans’ Affairs. The Administrative Appeals Tribunal was tasked with determining whether the veteran was entitled to the pension for chronic airflow limitation, diabetes mellitus, post traumatic stress disorder, alcohol dependence, and hypertension. The primary legal issue was whether the veteran could establish, on the balance of probabilities, that these conditions were caused by his operational service. The Tribunal had to evaluate the evidence presented and decide whether each condition met the statutory criteria for war-caused conditions.

The Tribunal examined the medical evidence and the veteran's service records to ascertain if the conditions were reasonably attributable to his service. For chronic airflow limitation and alcohol dependence, the Tribunal concluded that the evidence supported a finding that these conditions were war-caused. The Tribunal found that the veteran had served in a role where exposure to environmental hazards and stress were significant, which reasonably led to the onset of these conditions. Regarding diabetes mellitus, the Tribunal determined that the condition was war-caused from a later date when the veteran's medical history provided clear evidence linking the condition to his service. The Tribunal upheld the original decision concerning post traumatic stress disorder but found that the condition of hypertension was also war-caused from a specific date based on the service records and medical evidence.

The Tribunal set aside the original decisions concerning chronic airflow limitation, diabetes mellitus, post traumatic stress disorder with alcohol dependence and substituted its own decisions. The Tribunal affirmed the original decision concerning post traumatic stress disorder but found that chronic airflow limitation and alcohol dependence were war-caused with effect from specific dates, and diabetes mellitus was war-caused from a later date. Hypertension was also found to be war-caused from a particular date, with the pension being payable from that date. The Tribunal's decisions provide clarity on the entitlements of the veteran for these specific conditions, ensuring that he receives appropriate compensation for the conditions determined to be caused by his service.

Orders

Orders of the court

Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975 the Administrative Appeals Tribunal decides to:

(i) Set aside the decisions under review in relation to chronic airflow limitation, diabetes mellitus, post traumatic stress disorder with alcohol dependence and substitute its decision that the conditions of chronic airflow limitation and alcohol dependence are war-caused and Disability Pension for these conditions is payable with effect from and including 11 April 1997. The condition of diabetes mellitus is war-caused with effect from and including 21 September 1999. The condition of hypertension is war-caused with Disability Pension being payable from and including 17 June 1997.

(ii) The decision under review in relation to post traumatic stress disorder is affirmed.

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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