Pritchard and Repatriation Commission

[2006] AATA 251

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2006] AATA 251

ADMINISTRATIVE APPEALS TRIBUNAL       )          No N2002/1784 & N2004/24

VETERANS’ APPEALS DIVISION		)  )
Re		GORDON PRITCHARD

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Prof I. A. Shearer, Senior Member
Dr P. Lynch, Member

Date16 March 2006

PlaceSydney

Decision

The Tribunal decides as follows:

1.      The decision of the Commission to reject the Applicant’s claim in respect of the right knee, affirmed by the Board on 27 October 2003, is set aside. In substitution thereof, the Tribunal decides that the Applicant’s claim is accepted, with the date of effect of 23 January 2001.

2.      In respect of the Applicant’s remaining claims, the decisions of the Commission of 26 June 2001, as affirmed, varied or set aside by the Board on 14 October 2002 and 27 October 2003, are affirmed.

3.      The matter is remitted to the Commission for determination of the appropriate impairment rating under the GARP.

[Sgd] Prof I. A. Shearer
Senior Member

  

CATCHWORDS

VETERANS’ AFFAIRS – veterans’ entitlements – operational service - disability pension – generalised anxiety disorder – no diagnosis - decision affirmed.

Veterans’ Entitlements Act 1986 – ss. 9, 13, 120, 120A, 175

Byrnes v Repatriation Commission (1993) 177 CLR 564

Repatriation Commission v Deledio (1998) 83 FCR 82

Repatriation Commission v Hill (2002) 69 ALD 581

White v Repatriation Commission (2004) 39 AAR 67

Benjamin v Repatriation Commission (2001) 70 ALD 622

Repatriation Commission v Cooke (1998) 90 FCR 307

REASONS FOR DECISION

16 March 2006  Prof I. A. Shearer, Senior Member & Dr P. Lynch, Member

1.      The Applicant, Mr. Pritchard, lodged a claim in 2001 for a disability pension in respect of several conditions alleged to be war-caused:

·     anxiety disorder;

·     pleural plaques;

• internal derangement of the right knee; and
• rotator cuff syndrome.

2.      On 26 June 2001 the Repatriation Commission (”the Commission”) decided to accept the claim for pleural plaques, to refuse the claims for anxiety disorder, internal derangement of the right knee and rotator cuff syndrome, and to continue the disability pension at 10% of the General Rate, with effect from 12 January 2001.

3.      The Applicant applied to the Veterans’ Review Board (”the Board”) for a review of those of the above decisions of the Commission adverse to him. On 14 October 2002 and 27 October 2003, in successive decisions, the Board decided to:

• affirm the rejection by the Commission of the claim in respect of anxiety disorder;
• vary the diagnosis of internal derangement of the right knee to osteoarthritis of the right knee;
• affirm the decision of the Commission, as varied,  to reject the claim in respect of osteoarthritis of the right knee;
• affirm the decision of the Commission to reject the claim in respect of rotator cuff syndrome – both shoulders; and
• set aside the decision of the Commission in respect of assessment, and substitute its decision that the pension be assessed at 50% of the General Rate, to operate from and including 12 January…