PETER QUINN SINCLAIR Applicant And REPATRIATION COMMISSION Respondent

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 6

ADMINISTRATIVE APPEALS TRIBUNAL      )           No Q1998/924

)                  Q1999/76

VETERANS’ APPEALS DIVISION		)                Q1999/562
Re		PETER QUINN SINCLAIR

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member M J Carstairs

Date5 January 2007 

PlaceBrisbane

Decision

The Tribunal affirms the decisions under review.

  ........[Sgd]........

  MJ Carstairs

  Senior Member

CATCHWORDS

VETERANS’ AFFAIRS – disability pension – service in RAAF – post traumatic stress disorder – alcohol dependence – depressive disorder – anxiety disorder –                   gastro-oesophageal reflux – cerebral atrophy – evidence accepted for only one claimed trip to Vietnam as supernumeracy – claimed stressors involving shooting incident, enemy gun, coffin incident and drug smuggling – evidence of stressors not accepted – not exposed to traumatic events required for diagnosis of post traumatic stress disorder – PTSD not accepted but psychiatric disorder accepted – psychiatric conditions found not to be           war-caused – other conditions found not to be war-caused as claim for alcohol abuse/dependence failed  – decision under review affirmed

Veterans’ Entitlements Act 1986 (Cth) ss 6, 7, 9, 13, 120(1)(3)(4), 120A(3).

Mines v Repatriation Commission (2004) 86 ALD 62

Benjamin v Repatriation Commission (2001) 70 ALD 622

Repatriation Commission v Deledio (1998) 83 FCR 82

Woodward v Repatriation Commission (2003) 131 FCR 473

Byrnes v Repatriation Commission (1993) 177 CLR 564

Stoddart v Repatriation Commission (2003) 197 ALR 283

Repatriation Commission v Cornelius [2002] FCA 750

Repatriation Commission v Milenz [2006] FCA 1436

Hill v Repatriation Commission [2005] FCAFC 23

REASONS FOR DECISION

5 January 2007            Senior Member M J Carstairs

1.Mr Peter Sinclair seeks a review of the respondent’s decisions to reject his claims that post traumatic stress disorder, alcohol abuse, gastro-oesophageal reflux, and cerebral degeneration are related to his service in the Royal Australian Air Force and should be accepted as war caused as provided for within the Veterans’ Entitlements Act 1986. 

2.Where a veteran has become incapacitated from a war-caused injury, s13 of the Act makes the Commonwealth liable for payment of pension by way of compensation to the veteran. For liability to arise, the person must be able to show that they come within the terms of the Act, by satisfying a number of matters including that they are a veteran.  In Mr Sinclair’s case he must show that he has eligible war service as provided for in the Act.  Next he must show that he is suffering from disease or injury.  Finally he must show the necessary causal factors relating any injury or disease to war service.

Background

3.Mr Sinclair was born on 20 July 1948 at Beaudesert in Queensland.  He joined the RAAF on 27 January 1967 and served until 23 June 1971 including serving with 37 Squadron at Richmond from 1968 to 1970, and subsequently with 36 Squadron. He trained in the RAAF as a fitter before taking up duties at Richmond airbase as a leading aircraftsman. 

4.Most of Mr Sinclair’s service was within Australia.  It is acknowledged by the respondent that…