Munro and Repatriation Commission

[2008] AATA 146

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 146

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No  2007/1185

VETERANS’       APPEALS      DIVISION		)
Re		MAURICE MUNRO

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr John Handley, Senior Member

Date26 February 2008

PlaceMelbourne

Decision The decision under review is set aside and in substitution IT IS DECIDED at all relevant times the applicant has been entitled to pension at 70 per cent of the General Rate.

(Sgd)  John Handley
Senior Member

  

VETERANS’ ENTITLEMENTS – application for increase in pension – general rate increased to 70 per cent – applicant employed 33 years – retrenched – employer restructured – no incapacity by war‑caused injuries alone – no entitlement to special rate pension – decision varied

Veterans’ Entitlements Act 1986 (Cth) s 24 (1) (a) (i) and s 24 (2)

Repatriation Commission v Hendy [2002] FCAFC 424

Cavell v Repatriation Commission (1988) 9 AAR 534
Flentjar v Repatriation Commission [1997] FCA 1200

Leane v Repatriation Commission [2003] FCA 889

REASONS FOR DECISION

26 February 2008   Mr John Handley, Senior Member

1. Mr Munro, the applicant in these proceedings, is presently 61 years of age. He currently receives pension at 60 per cent of general rate, by reason of the accepted disabilities of anxiety disorder and erectile dysfunction (impotence). His claim to increase the rate of pension was rejected by the Repatriation Commission and affirmed by the Veterans' Review Board (VRB) on 23 February 2007. His objective, by this review, is to obtain pension at the special rate. The rate of pension, currently assessed, presents an obstacle to achieving that objective, because s 24 (1) (a) (i) of the Veterans’ Entitlements Act 1986 (the Act) provides that qualification for special rate pension includes a determination of having been assessed, at least, at 70 per cent of the general rate.

2.      Mr Munro has lived all of his life in Ouyen, a relatively small town in the Mallee district of North Western Victoria, save for two years in which he was enlisted in the Army during which he served in Vietnam.  In 1973 he commenced employment with the Grain Elevator's Board (which later became known as Grain Corp Operations Ltd) (Grain Corp).  He was progressively promoted and in 1995 he became an Area Manager.  He was earning in excess of $90,000 per year.  In December 2005 he was retrenched.  He has not worked subsequently.

3.      The applicant said that he could have continued working until the age of 65 (he was 58 when he ceased working) but did acknowledge in the years prior to retrenchment he had been struggling with poor concentration, broken sleep, irritability and frequent clashes with his management.  He had not had any psychiatric treatment but was self medicating by consuming up to 12 cans of light beer after work.  Ten years previously he had been consuming the same quantity but at full alcohol strength.  He commenced to drink light beer when his marriage collapsed and his wife and children had…