[2012] AATA 776
Division Veterans' Appeals Division File Number
2011/2482
Re
Rachel Rayson
APPLICANT
And
Repatriation Commission
RESPONDENT
DECISION
Tribunal Mr Egon Fice, Senior Member
Dr Roslyn Blakley, MemberDate 7 November 2012 Place Melbourne The Tribunal affirms the decision of the Veterans’ Review Board made on
14 October 2010.
.......[sgd Egon Fice].................................................................
Mr Egon Fice, Senior Member
VETERANS’ AFFAIRS – Widows’ pension – Royal Australian Navy – Eligible war service – Operational service – kind of death of a veteran – reasonable hypothesis – was the death of the veteran war-caused – cerebrovascular accident – hypertension – depression – cerebral haemorrhage – cerebral ischaemia – smoking
Veterans' Entitlements Act 1986 (Cth) ss 7, 8, 13, 120, 120A, 196B
Collins v Repatriation Commission (2009) 258 ALR 200
Repatriation Commission v Deledio (1998) 83 FCR 82
Repatriation Commission v Hancock (2003) 37 AAR 383
Repatriation Commission v Hill (2002) 69 ALD 581
Repatriation Commission v Law (1980) 31 ALR 140
Repatriation Commission v Law (1981) 147 CLR 635
Re Rayson and Repatriation Commission (2011) 55 AAR 1
Statement of Principles concerning Cerebrovascular Accident No. 51 of 2006
REASONS FOR DECISION
Mr Egon Fice, Senior Member
Dr Roslyn Blakley, Member
7 November 2012
Mr Stanley Keith Rayson joined the Royal Australian Navy on 14 May 1951. His first period of service concluded on 13 May 1957. He had a second period of service between 10 June 1959 and 8 June 1965. During his time in the Navy Mr Rayson had a number of periods of operational service including:
·3 June 1953 – 12 February 1954 – Korea
·23 June 1960 – 8 July 1960 – Malaya
·15 July 1960 – 31 July 1960 – Malaya
·24 March 1961 – 17 April 1961 – Malaya and Singapore
·22 April 1961 – 14 May 1961 – Malaya and Singapore
·24 June 1961 – 6 July 1961 – Malaya and Singapore
Mr Rayson died on 29 June 2009. He was 77 years of age. The cause of death stated on his Death Certificate was cerebral haemorrhage – 5 hours.
Mrs Rayson lodged a claim with the Department of Veterans Affairs (DVA) for a pension by a widow of a deceased veteran on 31 August 2009. In her claim, Mrs Rayson said she believed her husband's death resulted from the stress of service in Korean waters and the smoking habit which he took up during military service.
On 4 January 2010 the Repatriation Commission notified Mrs Rayson that her husband's death was not related to his service and that the war widows' pension was not payable to her. On 8 February 2010 Mrs Rayson lodged with the Repatriation Commission an application for review of that decision by the Veterans’ Review Board (VRB). On 14 October 2010 the VRB affirmed the decision of the Repatriation Commission. Mrs Rayson lodged an appeal to the Tribunal on 23 June 2011 seeking a review of the VRB decision.
The substantive issues which we are required to determine are:
(a)whether the…
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CaseChat Overview and Summary
The central legal issue before the Court was whether the evidence presented supported a connection between Mr Rayson's death and his military service, specifically if there was a sufficient hypothesis connecting the two. The Court was required to apply the relevant statutory provisions and guidelines to assess the material provided and determine whether the death could be considered war-caused.
After carefully examining all the evidence, the Court concluded that the material did not establish a reasonable hypothesis connecting Mr Rayson's death to his military service. The Court found that the most significant contributing cause of death was hypertension and that there was no evidence supporting any of the hypotheses proposed by Mrs Rayson. Consequently, the Court affirmed the decision of the VRB that Mr Rayson's death was not related to his military service. The Court held that there was no sufficient ground for determining that Mr Rayson's death was war-caused under s 120(3) of the VE Act.
Orders
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Background
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Evidence
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