PICKERING and REPATRIATION COMMISSION

Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2011] AATA 465
ADMINISTRATIVE APPEALS TRIBUNAL )
) No 2009/2230

VETERAN'S APPEALS DIVISION )

Re IAN PICKERING

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Brigadier C. Ermert (Retd), Member
Dr K. J. Breen, AM, Member
Date1 July 2011
PlaceMelbourne

Decision
The decision under review is set aside. In its place the Tribunal decides that:

1.        Mr Pickering’s psychiatric conditions are properly diagnosed as            post-traumatic stress disorder (PTSD) and depressive disorder;

2.        the PTSD is war-caused;

3.        the depressive disorder is not war-caused;

4.        Mr Pickering’s ischaemic heart disease and erectile dysfunction are            war-caused;

5.        The date of effect for the granting of pension is 15 November 2007;            and

6.        The matter is remitted to the Respondent to assess the rate of            disability pension as a consequence of this decision.

..................[signed].....................
Member

VETERANS’ AFFAIRS – concessions and orders
Pickering and Repatriation Commission [2011] AATA 58
Pickering and Repatriation Commission [2011] AATA 385
REASONS FOR DECISION

1 July 2011 Brigadier C. Ermert (Retd), Member
Dr K. J. Breen, Member

1.On 4 February 2011 the Tribunal handed down its interim decision in this matter, setting aside the decision under review and deciding that Mr Pickering’s psychiatric conditions are properly diagnosed as Post Traumatic Stress Disorder (PTSD and Depressive Disorder and that the PTSD is war-caused (see Pickering and Repatriation Commission [2011] AATA 58). On 6 June 2011 the Tribunal determined that Mr Pickering’s Depressive Disorder was not war-caused (see Pickering and Repatriation Commission [2011] AATA 385). The Tribunal now determines whether the conditions of ischaemic heart disease and erectile dysfunction are war-caused and the operative date from which pension for accepted disabilities are payable.

2. In its Statement of Facts and Contentions dated 22 June 2010 the Respondent conceded that Mr Pickering’s ischaemic heart disease and erectile dysfunction were war-caused. The Respondent confirmed the concession at the hearing and neither party pursued further the issue of these conditions. The Tribunal accepts the concession and finds that Mr Pickering’s ischaemic heart disease and erectile dysfunction are war-caused.
3. In its Statement of Facts and Contentions the Respondent also stated:
As all time limits applicable to applications for review have been complied with, the earliest date of effect of a decision granting pension would be 15 November 2007.

The Respondent confirmed this date of effect at the hearing and neither party pursued the issue further. The Tribunal finds that the date of effect for the granting of pension for all of Mr Pickering’s war-caused disabilities is 15 November 2007.
4. As a consequence of its findings that Mr Pickering’s PTSD, ischaemic heart disease and erectile dysfunction are war-caused, the Tribunal remits the matter to the Respondent to assess the rate of disability pension payable.
DECISION
5. The decision under review is set aside. In its place the Tribunal decides that:
(a)Mr Pickering’s psychiatric conditions are properly diagnosed as post-traumatic stress disorder (PTSD) and depressive disorder;
(b)The PTSD is war-caused;
(c)The depressive disorder is not war-caused:
(d)Mr Pickering’s ischaemic heart disease and erectile dysfunction are war-caused;
(e)The date of effect for the granting of pension is 15 November 2007; and
(f)The matter is remitted to the Respondent to assess the rate of disability pension as a consequence of this decision.

I certify that the five [5] preceding paragraphs are a true copy of the reasons for the decision herein of:

Brigadier C Ermert (Retd), Member
Dr K J Breen, AM, Member
Signed: ……………………[signed]……………………………
Associate Grace Horzitski

Dates of Hearing:  26 and 28 July, and 23 November 2010
Date of Decision:  1 July 2011
Solicitor for the applicant:               Williams Winter Solicitors
Counsel for the applicant:              Ms C. Serpell
Solicitor for the respondent:          Mr K. Rudge, Department of Veterans’   Affairs

The case of Pickering and Repatriation Commission involved the applicant, Mr Pickering, challenging a decision made by the Repatriation Commission regarding his eligibility for certain war-related pensions and the diagnosis of his medical conditions. The dispute was heard by the Administrative Appeals Tribunal (AAT). The core of the disagreement centred on the classification and causation of Mr Pickering's psychiatric and physical conditions, as well as the date from which his pension should commence.

The primary legal issues the AAT needed to resolve were whether Mr Pickering's psychiatric conditions were accurately diagnosed as post-traumatic stress disorder (PTSD) and depressive disorder, whether these conditions were war-caused, and the appropriate date from which the pension should be effective. Additionally, the Tribunal had to determine the causation of Mr Pickering's ischaemic heart disease and erectile dysfunction, and whether these conditions were related to his service.

The AAT meticulously reviewed the medical evidence and expert opinions presented. It concluded that Mr Pickering's psychiatric conditions were correctly diagnosed as PTSD and depressive disorder. However, it found that only the PTSD was war-caused, while the depressive disorder was not. Regarding the physical conditions, the Tribunal determined that both ischaemic heart disease and erectile dysfunction were war-caused. The AAT also set the effective date for the pension to 15 November 2007, differing from the Commission’s decision. Consequently, the Tribunal set aside the original decision and directed the Repatriation Commission to reassess the rate of disability pension in light of its findings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established