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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- Pye and Repatriation Commission [2005] AATA 145
- Case
- [2005] AATA 145
- Decision Date
CaseChat Overview and Summary
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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