Potts and Repatriation Commission - [2003] AATA 1126

Administrative

Appeals

Tribunal

DECISION AND REASONS FOR DECISION [2003] AATA 1126
ADMINISTRATIVE APPEALS TRIBUNAL )
) No D2003/4

VETERANS' APPEALS DIVISION )

Re BRUCE FREDERICK POTTS

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Deputy President Don Muller
Date10 November 2003
PlaceBrisbane

Decision
The Tribunal affirms the decision to reject a claim for disability pension for Bruce Frederick Potts in respect of Post Traumatic Stress Disorder, Alcohol Abuse, Hypertension and Depressive Disorder.

................SIGNED...............................
D.W. MULLER
DEPUTY PRESIDENT

CATCHWORDS
VETERANS – whether post traumatic stress disorder, alcohol abuse, hypertension and depressive disorder war-caused
Veterans’ Entitlements Act 1986
REASONS FOR DECISION

Deputy President Don Muller

1.      This is an application by Bruce Frederick Potts, the Applicant, to review a decision to reject a claim for disability pension in respect of claimed disabilities of Post Traumatic Stress Disorder (PTSD), Alcohol Abuse (AA), Hypertension and Depressive Disorder (DD), on the basis that they are not war-caused, nor defence-caused, within the meaning of those terms in the Veterans’ Entitlements Act 1986 (the VE Act).
2.      The Applicant claims that while serving with the Royal Australian Navy, aboard the HMAS Vendetta, in the Malacca Strait on 30 November 1965, he experienced an extremely traumatic event during the boarding and subsequent detention of an Indonesian vessel (the “Mutiara”). He claims that his disabilities arise out of the traumatic events experienced by him on 30 November 1965.
3.      The Applicant claims further that whilst serving on the HMAS Vampire in 1968 he had the distressing duty of rescuing crew and possessions from the USS Frank E. Evans after it had collided with the HMAS Melbourne. He claims that his abuse of alcohol increased further after this incident.
4.      The following matters are not in dispute and the Tribunal finds:
(a)The Applicant, Bruce Frederick Potts, was born on 9 June 1941.
(b)The Applicant served in the Royal Australian Navy from 10 February 1964 until 1 July 1984. He reached the rank of Chief Petty Officer. He was discharged at his own request.
(c)For the purposes of consideration under the VE Act, his operational service is his service in Malaysia/Singapore/Brunei aboard HMAS Vendetta and in Vietnam waters as an escort for HMAS Sydney aboard HMAS Vendetta, HMAS Stuart and HMAS Vampire from:
5/8/65 to 18/9/65                 (45 days) Malaysia
20/9/65 to 3/10/65               (16 days) Vietnam
12/10/65 to 5/1/66               (86 days) Malaysia
15/1/66 to 2/3/66                 (47 days) Malaysia
25/1/68 to 5/2/68                 (12 days) Vietnam
14/5/72 to 25/5/72               (11 days) Vietnam

(d)He also has eligible defence service from 7 December 1972 until 1 July 1984.
(e)On 19 December 2001, the Applicant lodged a claim for pension in respect of, inter alia, PTSD and high blood pressure.
(f)The diagnoses of PTSD, alcohol abuse, depressive disorder and hypertension were recorded. On 15 May 2002 the Repatriation Commission rejected the claim.
(g)On 28 May 2002 the Applicant lodged an application to the Veterans’ Review Board seeking a review of the Repatriation Commission’s determination in respect of the claimed conditions.
(h)On 22 November 2002, the Veterans’…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Potts and Repatriation Commission

Details

AGLC: Potts and Repatriation Commission [2003] AATA 1126
Case: [2003] AATA 1126
Decision Date: 10 November 2003

CaseChat Overview and Summary

The case involved Bruce Frederick Potts, who sought a disability pension from the Repatriation Commission for several conditions: Post Traumatic Stress Disorder, Alcohol Abuse, Hypertension, and Depressive Disorder. The claim was assessed and subsequently rejected by the Commission, a decision Potts sought to challenge. The matter was brought before the court to determine whether these conditions were war-caused, entitling Potts to the pension under the Veterans’ Entitlements Act 1986.

The central legal issues revolved around the causation of each of the claimed conditions. Specifically, the court had to decide if there was sufficient evidence to link these conditions to Potts’ service in the armed forces. The Repatriation Commission argued that the evidence did not sufficiently establish a war-related causation for the conditions, while Potts contended that there was a clear nexus between his military service and his health issues.

In examining the evidence, the court found that while Potts had served in the armed forces and experienced various traumatic events, the evidence provided did not convincingly link his current conditions to his military service. The court was particularly critical of the lack of medical evidence directly connecting the claimed conditions to Potts' service. Consequently, the court upheld the Commission's decision to reject the claim for a disability pension, affirming that the onus was on Potts to prove the war-related causation of his conditions, a burden he had not met.

The final orders of the Tribunal were to affirm the rejection of Potts' claim for a disability pension in respect of the listed conditions. This decision emphasised the importance of robust medical evidence in establishing a war-related causation for pension claims under the Veterans’ Entitlements Act 1986.

Orders

Orders of the court

The Tribunal affirms the decision to reject a claim for disability pension for Bruce Frederick Potts in respect of Post Traumatic Stress Disorder, Alcohol Abuse, Hypertension and Depressive Disorder.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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VETERANS' APPEALS DIVISION		)
Re		BRUCE FREDERICK POTTS