Pye and Repatriation Commission

Case [2005] AATA 145


Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2005] AATA 145

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/536

VETERANS APPEALS DIVISION )
Re GORDON PYE

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr K S Levy, Member

Date17 February 2005  

PlaceBrisbane

Decision

Pursuant to S. 43 of the Administrative Appeals Tribunal Act 1975, the Tribunal determines that –

1.    In relation to the decision under review, the correct diagnoses are Post Traumatic Stress Disorder, Generalised Anxiety Disorder and Alcohol Dependence.

2.    The Tribunal affirms the decision under review with the varied diagnosis i.e. the claims made are not war-caused pursuant to section 9 of the Veteran’s Entitlements Act 1986.

...................[Sgd]........................

K S Levy
  Member

CATCHWORDS

VETERANS – Benefits and Entitlements – Whether applicant’s conditions of Post Traumatic Stress Disorder and Alcohol Dependence or Alcohol Abuse are war caused – Whether applicant suffers from war caused Generalised Anxiety Disorder – Whether events experienced were  ‘severe stressors’ or ‘severe psychosocial stressors’  - Applicant suffers from Post Traumatic Stress Disorder, Generalised Anxiety Disorder and Alcohol Dependence or Alcohol Abuse – Conditions not war caused – Decision under review affirmed.

Veterans’ Entitlements Act 1986 ss 5D, 6, 9, 13, 68, 70, 120, 120A, 196B, Schedule 2.

Byrnes v Repatriation Commission (1993) 177 CLR 564

Repatriation Commission v Smith (1987) 15 FCR 327; (1987) 12 ALD 798

Benjamin v Repatriation Commission (2003) 70 ALD 622

Fogarty v Repatriation Commission [2003] FCAFC 136

Repatriation Commission v Hancock [2003] FCA 711

East v Repatriation Commission (1987) 74 ALR 518; (1987) 12 ALD 389

Repatriation Commission v Stares (1996) 41 ALD 212

Repatriation Commission v Hill (2002) 69 ALD 581

Stoddart v Repatriation Commission [2003] FCA 334; (2003) 74 ALD 366

Lees v Repatriation Commission (2002) 125 FCR 331; (2002) 74 ALD 68

Re Slattery and Repatriation Commission (1988) 52 ALD 90

White v Repatriation Commission [2004] FCA 663

Hillier and Repatriation Commission [2004] AATA 897

Repatriation Commission v Wedekind [2000] FCA 649

Brew v Repatriation Commission [1999] FCA 1246

Stevenson and Repatriation Commission [2002] AATA 130

REASONS FOR DECISION

Dr K S Levy, Member

Introduction

1. The applicant, Gordon William Pye, has applied under section 29(1) of the Administrative Appeals Tribunal Act 1975 for review of a decision of the Veterans’ Review Board dated 8 May 2003.  That decision rejected a claim that the accepted condition of post traumatic stress disorder and a claimed condition of alcohol dependence or alcohol abuse were war-caused, under the Veterans’ Entitlements Act 1986 (the Act).

2.      He has been accepted for, and currently receives, 60% of the general rate of pension from 19 November 2001 for the condition of gastro-oesophageal reflux disease which was accepted as service-related.

3.      The current application is based on the contentions that the applicant’s claimed disabilities of Post Traumatic Stress Disorder (PTSD) and Alcohol Dependence/Alcohol Abuse satisfy the diagnostic criteria for these conditions; and that he experienced a severe stressor prior to the clinical onset of PTSD and…

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AGLC
Pye and Repatriation Commission [2005] AATA 145
Case
[2005] AATA 145
Decision Date

CaseChat Overview and Summary

The applicant in this case sought a review of a decision by the Repatriation Commission, which had determined that his conditions of Post Traumatic Stress Disorder, Generalised Anxiety Disorder, and Alcohol Dependence or Alcohol Abuse were not caused by his war service. The dispute was heard by the Administrative Appeals Tribunal, which upheld the Commission’s decision. The applicant contested the Tribunal's affirmation of the Commission’s decision, and appealed to the Federal Court.

The central legal issues the court needed to address were whether the applicant's conditions were caused by his war service, and if so, whether these events were severe stressors or severe psychosocial stressors that could trigger war-related entitlements. The court considered the definitions and criteria under the Veterans’ Entitlements Act 1986, including sections 5D, 6, 9, 13, 68, 70, 120, 120A, 196B, and the relevant provisions in Schedule 2. The court also examined relevant case law to interpret the statutory terms and to determine the scope of the entitlements.

The court found that the applicant suffered from Post Traumatic Stress Disorder, Generalised Anxiety Disorder, and Alcohol Dependence, but concluded these conditions were not war-caused. The applicant had experienced various stressful events during his service, but the court determined that these did not meet the threshold of 'severe stressors' or'severe psychosocial stressors' as defined by the Act and relevant case law. Therefore, the court affirmed the decision of the Tribunal that the applicant's claims were not war-caused.

The Federal Court, pursuant to section 43 of the Administrative Appeals Tribunal Act 1975, affirmed the Tribunal's decision. The court held that the correct diagnoses were Post Traumatic Stress Disorder, Generalised Anxiety Disorder, and Alcohol Dependence. However, these conditions were not attributable to the applicant's war service, and thus, his claims for war-related entitlements were denied.

Orders

Orders of the court

Pursuant to S. 43 of the Administrative Appeals Tribunal Act 1975, the Tribunal determines that –

1. In relation to the decision under review, the correct diagnoses are Post Traumatic Stress Disorder, Generalised Anxiety Disorder and Alcohol Dependence.

2. The Tribunal affirms the decision under review with the varied diagnosis i.e. the claims made are not war-caused pursuant to section 9 of the Veteran’s Entitlements Act 1986.

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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