Odgers and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal (AAT) considered a claim by Mr. Odgers against the Repatriation Commission concerning his entitlement to a pension for conditions allegedly related to his defence service. Mr. Odgers claimed persistent depressive disorder (dysthymia), major depressive episode with anxious distress, and alcohol use disorder. The dispute centred on whether these conditions were causally linked to his service, particularly during the Gulf War.

The primary legal issue before the Tribunal was to determine if Mr. Odgers' diagnosed depressive disorder was a "disease" for the purposes of the *Veterans' Entitlements Act 1986* (Cth) and, if so, whether it was causally related to his defence service. This required the Tribunal to apply the principles outlined in *Repatriation Commission v Bawden*, which involves identifying the symptoms, determining if they constitute a disease, and then ascertaining the aetiology of that disease by testing hypotheses against the relevant Statements of Principles and the factual evidence. The Tribunal also had to consider the interplay between the depressive disorder and the alcohol use disorder, particularly in light of the Statements of Principles concerning depressive disorders in force at the relevant times.

The Tribunal reasoned that the veteran's persistent depressive disorder was defence-caused. It noted that while the initial claim form did not explicitly include an alcohol condition, and the Tribunal lacked jurisdiction to consider a new, undetermined claim for alcohol use disorder, the veteran's alcohol use was relevant to the manifestation and concealment of his depressive disorder. Expert evidence suggested that the onset of Mr. Odgers' psychological symptoms predated his awareness of them, with his wife corroborating that he was psychologically different upon returning from the Gulf War. The Tribunal found that the veteran's experiences during the Gulf War, including exposure to hostile environments and the stress of combat operations, likely contributed to the onset of his depressive disorder, which was subsequently exacerbated by his self-medication with alcohol.

Consequently, the Tribunal set aside the decision under review and substituted a decision that Mr. Odgers' persistent depressive disorder was defence-caused, and a pension is payable. The matter was remitted to the Repatriation Commission for the assessment of the rate of pension payable, with the date of effect set as 17 September 2013, the date the veteran lodged his claim.