Mottlee and Repatriation Commission (Veterans' entitlements)

The matter before the Tribunal concerned an application by the Applicant for a disability pension, specifically in relation to Post-Traumatic Stress Disorder (PTSD). The Repatriation Commission had accepted claims for other conditions but found that the Applicant's PTSD was not related to his defence service. The Applicant had served with the Royal Australian Navy.

The central legal issue for the Tribunal was to determine whether the Applicant's PTSD was "defence-caused" within the meaning of the Veterans' Entitlements Act 1986 (Cth). This determination required the Tribunal to apply Statement of Principles No. 83 of 2014, as amended by No. 87 of 2018, and to be satisfied to a reasonable satisfaction that the condition was related to service, as per section 120(4) of the Act.

The Tribunal accepted the Applicant's evidence, which was corroborated by another witness, and found that the Applicant suffered from PTSD. This finding was supported by the evidence of two psychiatrists, one of whom initially diagnosed an adjustment disorder but later diagnosed PTSD, and the other who considered it likely the Applicant had developed PTSD comorbid with major depression, fulfilling DSM-5 criteria. The Tribunal was satisfied that the PTSD was defence-caused. Consequently, the Tribunal set aside the decision under review and substituted a decision that the Applicant's PTSD was defence-caused, remitting the matter to the Repatriation Commission to determine the appropriate assessment rate for the disability support pension.