Morris and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Morris for an increase in his disability pension to the Special Rate, as provided for under the *Veterans' Entitlements Act 1986* (Cth). The Repatriation Commission opposed the application. The Administrative Appeals Tribunal was required to determine whether Mr Morris was entitled to payment at the Special Rate, specifically considering whether his accepted Post-Traumatic Stress Disorder (PTSD) was the sole cause of his inability to work, or if other non-war-caused factors had contributed to this incapacity.

The primary legal issue before the Tribunal was the interpretation and application of the "alone test" under section 24(1)(c) of the Act. This test requires that a veteran's incapacity to undertake remunerative work must be due to their war-caused condition, and that any other factors contributing to that incapacity must not have had a "preventative effect" on the veteran's ability to earn. The Tribunal had to assess whether Mr Morris's accepted PTSD, which was not in dispute as preventing him from working, was the sole cause of his inability to earn, or if his pre-existing back condition, alcohol dependence, and domestic circumstances had contributed to this preventative effect.

The Tribunal considered the evidence relating to Mr Morris's longstanding back condition, noting medical reports indicating mild degenerative changes and disc protrusion. It also considered evidence from his employer at the time, which indicated he performed light and clerical duties and was assisted with heavier items due to his back problems, which began prior to his employment. Mr Morris testified that he had not sought treatment for his back until 2014, enduring the pain and continuing to work. Despite acknowledging the pre-existing nature of his back condition, the Tribunal was satisfied that Mr Morris's incapacity had led to a loss of salary or wages that he would not have suffered but for his war-caused condition. Consequently, the Tribunal found that the second limb of section 24(1)(c) was satisfied.

The Tribunal concluded that Mr Morris met all the criteria for the Special Rate of pension from 1 August 2015, the day after he ceased working. Accordingly, the decision under review was set aside, and Mr Morris was determined to be entitled to payment at the Special Rate from that date.