Porter and Repatriation Commission

[2004] AATA 51

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 51

ADMINISTRATIVE APPEALS TRIBUNAL      )

)           No Q1997/1252

VETERANS' APPEALS DIVISION		)
Re		INA MAUD PORTER

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr IR Way, Member

Date23 January 2004 

PlaceBrisbane

Decision The Tribunal sets aside the decision under review and in substitution therefor determines that the death of Victor George Porter is war-caused and that his widow, Ina Maud Porter, is to be paid a war widow’s pension on and from 12 September 1996.

....................(Sgd)......................

IR Way
  Member

CATCHWORDS

VETERANS’ AFFAIRS – benefits and entitlements – war widows’ pension – whether death of veteran caused by his war service – ischaemic heart disease – veteran suffered from generalised anxiety disorder as a result of stressors suffered during operational service – reasonable sub-hypothesis established connecting hypertension with veteran’s service -reasonable hypothesis established connecting death with service – decision set aside

Veterans’ Entitlements Act 1986, ss 6A(1)(d), 8, 11, 13, 14, 119, 120, 120A

Repatriation Commission v Hancock [2003] FCA 711
Repatriation Commission v Cook (1998) 90 FCR 307
Benjamin v Repatriation Commission [2001] FCA 1879
Re Cowie and Repatriation Commission [1999] AATA 334
Re Campbell and Repatriation Commission [2001] AATA 559
Re Lewis and Repatriation Commission [2003] AATA 1078
Re May and Repatriation Commission [2003] AATA 1216

Lees v Repatriation Commission [2002] FCAFC 398

Connors v Repatriation Commission (2000) 59 ALD 61
Repatriation Commission v Bey (1997) 149 ALR 721

Stoddart v Repatriation Commission (2003) 197 ALR 283
Repatriation Commission v Stoddart [2003] FCAFC 300
Repatriation Commission v Deledio (1998) 83 FCR 82

Repatriation Commission v Budworth [2001] FCA 1421
Re Robertson and Repatriation Commission (AAT 12666, 2 March 1998)
McKenna v Repatriation Commission (1999) 86 FCR 144
Woodward v Repatriation Commission [2003] FCAFC 160

REASONS FOR DECISION

23 January 2004  Mr IR Way, Member            

1. This is an application by Ina Porter for review of a decision of the Repatriation Commission dated 14 October 1996 and affirmed by the Veterans’ Review Board on 18 September 1997, which determined that the death of Mrs Porter’s husband, Victor George Porter (“the veteran”) was not war-caused within in the meaning of section 8 of the Veterans’ Entitlements Act 1986 (“the Act”). 

2. The Tribunal had before it the documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 (T1–T7) and other documentary evidence as follows:

Exhibit A1     Statement of Ina Maud Porter dated 16 June 2002

Exhibit A2     Statement of Ina Maud Porter dated 20 February 2003

Exhibit A3     Statement of Ina Porter dated 12 September 2003

Exhibit A4     Statement of Maree Tognola dated 15 August 2000

Exhibit A5     Statement of Mona Passmore dated 18 September 2003

Exhibit A6Statement of Ernest Passmore dated 18 September 2003

Exhibit A7Statement of Kevin Charles Knowles dated 11 September 2003

Exhibit A8Report of Dr Michael Likely dated 10 January 2001

Exhibit A9Report of Dr Michael Likely dated 27 August 2001

Exhibit A10    Report of Dr Michael Likely dated 12 November 2001