Moran and Repatriation Commission - [2004] AATA 294

Administrative

Appeals

Tribunal

DECISION AND REASONS FOR DECISION [2004] AATA 294

ADMINISTRATIVE APPEALS TRIBUNAL )

) No N2001/1619

VETERANS’ APPEALS DIVISION		) No N2002/1320
Re		Robert Francis Moran

Applicant

And

Repatriation Commission

Respondent

DECISION

Tribunal

Ms SM Bullock, Senior Member
Dr MEC Thorpe, Member

Date 22 March 2004

Place Sydney

Decision

Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975, the Administrative Appeals Tribunal sets aside the decision under review and in substitution therefor, decides:

(i) The condition of gout is war-caused and Disability Pension is payable with effect from 25 June 2000.

(ii) The condition of generalised anxiety disorder is war-caused and Disability Pension is payable with effect from 7 August 2001.

(iii) The assessment of all of Mr Moran’s war-caused disabilities is remitted to the Respondent.

……………………….
Ms SM Bullock
Presiding Member

CATCHWORDS

VETERANS’ AFFAIRS – Disability Pension - Entitlement – Anxiety Disorder - Gout

LEGISLATION

Veterans’ Entitlements Act 1986 ss 119, 120, 120A

AUTHORITIES

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

Repatriation Commission v Stoddart [2003] FCAFC 300

Woodward v Repatriation Commission (2003) 75 ALD 420

REASONS FOR DECISION

22 March 2004

Ms SM Bullock, Senior Member
Dr MEC Thorpe, Member

Mr Robert Francis Moran, the Applicant, served in the Royal Australian Navy (“the Navy”), from 2 July 1966 to 1 July 1978. He had Operational Service in Vietnam for various periods in 1968, 1969 and 1970 (T3, p4, Bundle 1). Mr Moran also has Defence Service from 7 December 1972 until 1 July 1978. Mr Moran wishes to obtain a Disability Pension for the conditions of generalised anxiety disorder and gout, the causation of which he contends is related to his service. Mr Moran has made a review application to the Administrative Appeals Tribunal (“the Tribunal”) of two decisions of the Veterans’ Review Board (“the Board”). On 23 July 2001, the Board refused Mr Moran’s claim for gout and acute sprain of the left ankle and increased pension to 80 per cent of the General Rate (T12, Bundle 1). On 22 July 2002, the Board refused Mr Moran’s claim for anxiety disorder (T12, Bundle 2).
The Hearing was held in Sydney on 30 September 2003 and resumed on 8 October 2003. Mr Moran provided oral evidence. Concurrent medical evidence was also provided by Dr A Dinnen, Consultant Psychiatrist and Dr R Haik, Consultant Psychiatrist. Evidence was also provided by Dr R J Butler, Consultant Physician. Mr Moran was represented by Mr N Dawson of Counsel and the Respondent, the Repatriation Commission, was represented by Mr S Modder, Departmental Advocate. Documents were lodged and taken into evidence pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (“T Documents”: T1-T17, N2001/1619, Bundle 1; T1-T15, N2001/1320, Bundle 2). A number of further documents were taken into evidence and are listed as exhibits in Schedule 1 to this decision.

issues

At hearing, it was confirmed that Mr Moran is not pursuing the matter of entitlement for Disability Pension in relation to the condition of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2004] AATA 294
Decision Date: 22 March 2004

CaseChat Overview and Summary

The case of Moran versus Repatriation Commission was brought before the Administrative Appeals Tribunal, where the primary issue was the entitlement of Mr Moran to a disability pension for certain medical conditions he claimed were caused by his service in the armed forces. Specifically, Mr Moran sought compensation for gout and generalised anxiety disorder, asserting that both conditions were attributable to his service. The Repatriation Commission had previously denied his claims, leading to this appeal.

The legal matters before the Tribunal included whether gout and generalised anxiety disorder were indeed caused by Mr Moran’s service, and if so, whether these conditions warranted the award of a disability pension. Additionally, the Tribunal needed to assess the appropriate dates from which the pension should be backdated, as well as the overall assessment of Mr Moran’s war-caused disabilities. The Tribunal's role was to review the Commission's decision, considering the evidence provided by both parties and applicable legislation.

In reaching its decision, the Tribunal examined the medical evidence and testimonies presented regarding Mr Moran's conditions. The Tribunal found that the evidence sufficiently supported the conclusion that both gout and generalised anxiety disorder were war-caused. It also determined that the pension should be payable from specific dates, aligning with the onset of the conditions as established by the evidence. The Tribunal noted that a comprehensive reassessment of all war-caused disabilities was necessary to ensure accuracy and fairness in future claims.

Ultimately, the Tribunal set aside the original decision of the Repatriation Commission and ruled that Mr Moran was entitled to a disability pension for both gout and generalised anxiety disorder, with specific effective dates for each condition. Furthermore, the assessment of all war-caused disabilities was to be remitted back to the Commission for a thorough reassessment.

Orders

Orders of the court

Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975, the Administrative Appeals Tribunal sets aside the decision under review and in substitution therefor, decides:

(i) The condition of gout is war-caused and Disability Pension is payable with effect from 25 June 2000.

(ii) The condition of generalised anxiety disorder is war-caused and Disability Pension is payable with effect from 7 August 2001.

(iii) The assessment of all of Mr Moran’s war-caused disabilities is remitted to the Respondent.

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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