Myles and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered the appeal of Mr Myles against a decision of the Repatriation Commission concerning his claim for veterans' entitlements. Mr Myles suffers from rotator cuff syndrome in both shoulders and sought compensation for this condition, arguing it was defence-caused. The central dispute revolved around the date of clinical onset of his condition and whether the evidence supported a connection to his military service.

The legal issues before the Tribunal were to determine the date of clinical onset of Mr Myles' rotator cuff syndrome and whether, on the balance of probabilities, his condition was connected to his defence service, as required by section 120B(3) of the *Veterans' Entitlements Act 1986* (VEA). This involved assessing whether the activities undertaken during his 23-year military career met the criteria outlined in the relevant Statement of Principles (SOP) for rotator cuff syndrome, particularly concerning repetitive or sustained shoulder abduction and flexion.

The Tribunal considered the evidence presented, including Mr Myles' detailed account of his military service and the physical activities he performed. It noted that the SOP had been amended to clarify the definition of "weight-bearing" in relation to upper limb use, substituting it for "transfer" and providing examples. While Mr Myles contended that certain activities during his service involved repetitive shoulder flexion and abduction exceeding 9500 hours, the Tribunal also considered the argument that the correct date of onset should be when he first sought medical treatment, which was in 2016. The Tribunal referenced case law indicating that a finding of clinical onset requires all symptoms of the disease to be present at that time, and noted that Mr Myles' recollection of earlier symptoms did not include the key defining symptoms of persistent pain and tenderness that worsens with abduction.

Ultimately, the Tribunal concluded that, based on the evidence and the relevant SOP, Mr Myles' rotator cuff syndrome was not defence-caused under section 70 of the VEA. Consequently, he was not entitled to a pension for this condition. The decision under review by the Repatriation Commission was affirmed.