DECISION AND REASONS FOR DECISION [2002] AATA 66
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2000/965
VETERANS' APPEALS DIVISION )
Re Brian Pigdon
Applicant
And Repatriation Commission
Respondent
DECISION
Tribunal Ms S M Bullock, Senior Member
Date4 February 2002
PlaceCoffs Harbour and Sydney
Decision Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975, the decision under review is set aside and in substitution therefor, the Tribunal decides that: (1) Mr Pigdon has a war-caused condition of post traumatic stress disorder pursuant to section 9 of the Veterans' Entitlements Act 1986. (2) Pension is assessed at 100 per cent of the General Rate from and including 30 March 1997.
..............................................
Ms SM Bullock
Senior Member
Catchwords
VETERANS' AFFAIRS - Entitlement - Operational Service - Reasonable Hypothesis – Diagnosis - Reasonable Satisfaction - Post Traumatic Stress Disorder - - Psychoactive Substance Abuse - Hypertension - Assessment - Extreme Disablement Adjustment.
Legislation
Veterans' Entitlements Act 1986 ss 5D, 9, 13, 22, 29, 31, 120(1), 120(3), 120(4), 120A.
Authorities
Repatriation Commission v Williams [2001] FCA 1195
Benjamin v Repatriation Commission (2001) 64 ALD 411
Benjamin v Repatriation Commission [2001] FCA 1879
Repatriation Commission v Gosewinckel (1999) 59 ALD 690
Re Saunders and Repatriation Commission [2001] AATA 727
Re Mulvaney and Repatriation Commission (AATA 272, 21 April 1998)
Re Powell and Repatriation Commission [2000] AATA 385
Re Maier and Repatriation Commission [2001] AATA 117
Re Repatriation Commission and Freeman [2000] AATA 727
Re Robertson and Repatriation Commission (1998) 50 ALD 668
Repatriation Commission v Budworth (2001) 33 AAR 476
Meehan v Repatriation Commission (2001) 64 ALD 366
McKenna v Repatriation Commission (1999) 86 FCR 144
Gorton v Repatriation Commission (2001) 63 ALD 723
Connors v Repatriation Commission (2000) 59 ALD 61
REASONS FOR DECISION
4 February 2002 Ms S M Bullock, Senior Member
This is an application for review by the Applicant, Mr Brian Pigdon, of a decision of the Veterans' Review Board ("the Board") dated 2 May 2000 (T27) which affirmed the Repatriation Commission decisions of:
a)24 September 1997, which refused a claim for hypertension with heart failure and post traumatic stress disorder and assessed pension at 50 per cent of the General Rate (T2).
b) 24 October 1998, which refused the claim for obesity and psychoactive substance abuse or dependence (T3).
It should be noted that on 22 December 1998, pursuant to section 31 of the Veterans' Entitlements Act 1986, the condition of ischaemic heart disease was determined to be war-caused within the meaning of section 9 of the Veterans' Entitlements' Act 1986 with effect from 30 March 1997. Pension was increased at that time to 90 per cent of the General Rate with effect from 30 March 1997 (T26).
A hearing was held before the Administrative Appeals Tribunal ("the Tribunal") in Coffs Harbour on 16 August 2001 and resumed in Sydney on 24 August 2001. Mr Pigdon provided oral evidence to the Tribunal and was represented by Mr B Winship, Solicitor. The Respondent, the Repatriation Commission ("the Commission"),…
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CaseChat Overview and Summary
The legal issues before the court involved interpreting the statutory criteria for the Extreme Disablement Adjustment and assessing whether the veteran's claimed health conditions were reasonably attributable to his service. The court had to determine if there was sufficient evidence to reasonably satisfy it that the veteran's conditions were related to his military service, particularly in the context of the traumatic experiences he had during his deployment. This involved examining the veteran's statements and the evidence provided regarding his experiences and the impact they had on his health.
The court found that the veteran had sufficiently demonstrated that his claimed health conditions were reasonably attributable to his operational service. It accepted the veteran's account of his experiences, including guarding Japanese prisoners and hearing stories of atrocities, as sufficient to establish a reasonable hypothesis linking his health conditions to his service. The court was reasonably satisfied that the veteran’s experiences and the psychological impact they had were linked to his service. Consequently, the court upheld the Tribunal's decision that the veteran was eligible for the Extreme Disablement Adjustment.
The court ordered that the veteran be granted the Extreme Disablement Adjustment, affirming the previous determinations that he met the statutory criteria. The decision highlighted the importance of establishing a link between the veteran's service and his health conditions to qualify for the adjustment, and it reinforced the need for a thorough assessment of the evidence provided.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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