Potterat and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by Mr Potterat against a decision of the Repatriation Commission regarding his entitlement to a special rate pension under the *Veterans' Entitlements Act 1986* (Cth). The core of the dispute revolved around whether Mr Potterat's incapacity to undertake remunerative work for more than eight hours per week was solely attributable to war-caused disabilities. Mr Potterat contended that his mental health issues, stemming from his military service, were the sole reason for his inability to work, while the Commission appeared to consider that non-war-caused physical factors may have also contributed. The Administrative Appeals Tribunal (AAT) was required to determine if the criteria for a special rate pension were met.

The legal issues before the AAT included whether Mr Potterat was totally and permanently incapacitated by his war-caused conditions, and crucially, whether these conditions *alone* prevented him from undertaking remunerative work for periods aggregating more than eight hours per week. This required the Tribunal to assess the extent to which his post-traumatic stress disorder (PTSD) and any physical ailments contributed to his work incapacity, and to apply the "alone test" as stipulated by the Act. The Tribunal also had to consider the permanence of his condition and the appropriate date from which any increased pension entitlement should commence.

The Tribunal's reasoning focused on the medical evidence presented, particularly the reports from psychiatrists. It noted Dr Ewer's 2014 diagnosis of chronic PTSD, his assessment that Mr Potterat was unfit to work more than eight hours per week, and his recommendation for a conservative approach to rating the condition as "temporary" pending treatment. The Tribunal found that this assessment was confirmed by later opinions, such as that of Dr Strauss in May 2017, and was satisfied that Mr Potterat's condition was permanent. The Tribunal accepted submissions that Mr Potterat's career was cut short by his PTSD and that there was no evidence he ceased work for reasons other than this war-caused condition.

Consequently, the Tribunal set aside the previous decision and substituted a new decision finding Mr Potterat entitled to payment of pension at the special rate. This entitlement was backdated to 9 August 2016, being six months prior to the date Mr Potterat lodged his application with the Tribunal.