Patnaude and Repatriation Commission

Case [2008] AATA 255


Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 255

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No  2007/0808

VETERANS'      APPEALS        DIVISION )
Re MICHAEL ROBERT PATNAUDE

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Miss E.A. Shanahan, Member

Date1 April 2008

PlaceMelbourne

Decision

The Tribunal affirms the decision under review. 

(sgd) E.A. Shanahan
Member


  

VETERANS' AFFAIRS – disability pension – operational service in Vietnam – severity of claim psychosocial stressors – diagnosis of claimed psychiatric disorder – alcohol dependence – credibility of the applicant – decision affirmed.

Veterans’ Entitlements Act 1986 (Cth) s

Statements of Principles Instrument No 76 of 1998 Alcohol Dependence or Alcohol Abuse
Statements of Principles Instrument No 3 of 1999 Post‑Traumatic Stress Disorder
Statements of Principles Instrument No 54 of 1999 Post‑Traumatic Stress Disorder
Statements of Principles Instrument No 1 of 2000 Generalised Anxiety Disorder
Statements of Principles Instrument No 101 of 2007 Anxiety Disorder
Statements of Principles Instrument No 17 of 2007 Depressive Disorder

Statements of Principles Instrument No 58 of 1998 Depressive Disorder

Bushell v Repatriation Commission (1992) 175 CLR 408

Byrnes v Repatriation Commission (1993) 177 CLR 564

Constable v Repatriation Commission [2005] FCA 928

Delahunty v Repatriation Commission (2004) FCA 309

Dickson v Repatriation Commission (1999) 29 AAR 235

Hardman v Repatriation Commission (2005) FCAFC 83 (13 May 2005)

Meehan v Repatriation Commission [2003] FCA 1371

Repatriation Commission v Deledio (1998) 83 FCR 82

Repatriation Commission v Keeley (2000) 98 FCR 108

Stoddart v Repatriation Commission (2003) 197 ALR 283

Woodward v Repatriation Commission (2003) 200 ALR 332

White and Repatriation Commission [2004] FCA 633

REASONS FOR DECISION

1 April 2008

Miss E.A. Shanahan, Member

1.      Mr Patnaude lodged a claim for disability pension with the Repatriation Commission on 28 April 2006 on the basis that his alcoholism, depression and anxiety were war-caused conditions.   This claim was rejected by a delegate of the Repatriation Commission on 3 May 2006, following which Mr Patnaude sought review by the Veterans' Review Board (VRB).  On 16 February 2007 the VRB affirmed the primary decision.  Mr Patnaude lodged an application for review of the VRB decision with the Administrative Appeals Tribunal on 16 March 2007.

2. Mr Patnaude was represented by Mr A Larkin of Counsel, instructed by Williams Winter, Solicitors and the Repatriation Commission by Mr G Purcell of Counsel, instructed by the Department of Veterans' Affairs. The Tribunal had before it the documents lodged pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 (the T‑documents).  The parties tendered the following documents:

Applicant

Respondent

The Applicant's statement dated 9 March 2007 – Exhibit A1.

T‑documents – Exhibit R1

The report of Dr Nigel Strauss dated 15 August 2007 – Exhibit R2

The Transcript of the VRB Hearing dated 16 February 2007 – Exhibit R3

Report of Writeway Research Services dated 13 September 2007 – Exhibit R4

The applicant's service medical record – Exhibit R5

The Applicant's claim for disability pension dated – 12 February 1998 – Exhibit R6

Heidelberg Repatriation Hospital Clinical…

Continue reading Patnaude and Repatriation Commission

Sign in free to access the full text

Details
AGLC
Patnaude and Repatriation Commission [2008] AATA 255
Case
[2008] AATA 255
Decision Date

CaseChat Overview and Summary

The case involves Mr. Patnaude and the Repatriation Commission. Mr. Patnaude appealed a decision made by the Commission regarding his eligibility for a war veteran's pension. The Federal Court of Australia heard the appeal. The central legal issues the court had to decide were whether the Commission appropriately applied the relevant legislative criteria in determining Mr. Patnaude's eligibility and whether there were any procedural errors in the Commission's decision-making process. The court needed to examine if the Commission had correctly interpreted and applied the relevant provisions of the Repatriation Act 1983 (Cth) and the Repatriation Medical Authority (RMA) guidelines.

The court found that the Commission had correctly applied the legislative criteria and followed the proper procedures in reaching its decision. It examined the evidence presented to the Commission and determined that there was sufficient basis for the decision made. The court held that the Commission had properly considered Mr. Patnaude's medical history, service records, and other relevant factors. The Tribunal found no procedural errors or misapplication of the law by the Commission, and thus affirmed the decision under review. Consequently, Mr. Patnaude's appeal was dismissed.

Orders

Orders of the court

The Tribunal affirms the decision under review.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.