Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2006] AATA 341
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2004/588
VETERANS' APPEALS DIVISION )
Re BRIAN RANKIN Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Mr RG Kenny, Member Date10 April 2006
PlaceBrisbane
Decision The Tribunal affirms the decision under review
...........[Sgd]..........
RG Kenny
Member
CATCHWORDS
VETERANS’ AFFAIRS – disability pension – operational service with Royal Australian Air Force – post traumatic stress disorder – no diagnosis of condition – causation considered - application of Statements of Principles – reasonable hypothesis of relevant relationship to service raised – even if diagnosed, condition not war-caused – decision affirmed
Veterans’ Entitlements Act 1986 ss 14, 120, 120A
Fogarty v Repatriation Commission (2003) 37 AAR 363
Woodward v Repatriation Commission (2003) 37 AAR 424
Deledio v Repatriation Commission (1997) 47 ALD 261
Repatriation Commission v Deledio (1998) 83 FCR 82
White v Repatriation Commission [2004] FCA 633
Woodward v Repatriation Commission [2003] FCAFC 160
Repatriation Commission v Stoddart [2003] FCAFC 300
Ballantyne and Repatriation Commission [2003] AATA 1186
Allan and Repatriation Commission [2005] AATA 526REASONS FOR DECISION
10 April 2006 Mr RG Kenny, Member Background
1. Brian Rankin (the applicant) served in the Royal Australian Air Force from 15 February 1961 to 20 March 1981. His service included periods at Ubon in Thailand and, on 26 November 2001, he lodged a claim for acceptance by the Repatriation Commission (the respondent) of “emotional behaviour” as being related to his service. That claim was made in accordance with section 14 of the Veterans’ Entitlements Act 1986 (the Act) and, on 1 August 2002, the respondent determined that, though Mr Rankin suffered from post traumatic stress disorder, this was unrelated to his service. That decision was affirmed by the Veterans’ Review Board on 15 June 2004 and, on 30 July 2004, Mr Rankin sought review of that decision by the Administrative Appeals Tribunal (the Tribunal).
Hearing
2. Mr Rankin was represented by Mr R Clutterbuck of counsel and the respondent was represented by Mr M Smith. The hearing commenced on 12 August 2005 when it was adjourned at Mr Clutterbuck’s request in order for further material to be accessed by him. It was completed on 24 March 2006 and the material before the Tribunal included the documents prepared in accordance with section 37 of the Administrative Appeals Tribunal Act 1975.
Issues and Legislation
3. It is common ground that Mr Rankin served in the Royal Australian Air Force from 1961 to 1981 and that he completed a period of eligible war service in the form of operational service as those terms are defined in the Act. This was in Ubon, Thailand, from 2 June 1966 until 25 August 1966 and from 20 April 1967 until 15 June 1967. He also completed a period of defence service from 7 December 1972 until his discharge but no contentions were raised in respect of this part of Mr Rankin’s service. The issues for determination are whether Mr Rankin…
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- Rankin and Repatriation Commission [2006] AATA 341
- Case
- [2006] AATA 341
- Decision Date
CaseChat Overview and Summary
The Tribunal considered the applicable legislative framework, specifically the Veterans’ Entitlements Act 1986, and examined previous cases that addressed the causation requirement for pension entitlements. The Tribunal had to determine if the applicant’s condition, even if diagnosed, met the criteria of being related to their military service. It relied on authorities such as Fogarty v Repatriation Commission, Woodward v Repatriation Commission, and Deledio v Repatriation Commission to assess the causation element in light of the Statements of Principles regarding mental health conditions.
After careful consideration, the Tribunal found that although the applicant had raised a reasonable hypothesis linking their condition to service, it was not sufficient to establish the necessary causal link required by the legislation. The Tribunal concluded that the condition, even if diagnosed, was not war-caused. Therefore, the Tribunal affirmed the original decision of the Repatriation Commission denying the pension application. The Tribunal's decision was based on the lack of sufficient evidence to establish the required causal link between the applicant's service and the condition in question.
Orders
Orders of the court
The Tribunal affirms the decision under review
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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