Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2004] AATA 738
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2002/61
VETERANS' APPEALS DIVISION ) Re
David Hedley Jeffrey Benjamin
Applicant
And
Repatriation Commission
Respondent
DECISION
Tribunal Mr RP Handley, Deputy President
Dr M Thorpe, MemberDate13 July 2004
PlaceSydney
Decision The Tribunal:
(1) sets aside the decision of the Veterans’ Review Board dated 21 October 1998;
(2) substitutes a new decision that the Applicant suffers from war-caused General Anxiety Disorder and is entitled to payment of a pension with effect from 19 June 1997; and
(3) remits the matter to the Respondent for assessment of the rate of pension payable.
..............................................
RP Handley
Deputy President
CATCHWORDS
VETERANS’ AFFAIRS – Repatriation Commission – entitlement to disability pension at special rate – claim for post traumatic stress disorder – whether psychiatric problems constitute a war-caused condition – standard of proof – whether the Applicant suffers a war-caused disease other than Post Traumatic Stress Syndrome – examination of the two incidents identified by the Applicants as stressors – examination of the hypothesis raised by the Applicant – examination of the Applicant’s drinking history – held that the Applicant is suffering from Generalised Anxiety Disorder which is connected to his operational service – held that the Applicant is entitled to a pension with effect from 19 June 1997 – held that the matter be remitted to the Respondent to calculate the rate of pension payable.
Veterans Entitlement Act 1986 ss 6, 9(1), 13(1), 14, 21A, 22, 24, 120(1) (3) (4), 120A
Statement of Principle No 1 of 2000
Statement of Principle No 48 of 1994 as amended by Instrument No 275 of 1995
Benjamin v Repatriation Commission [2001] FCA 1879
Repatriation Commission v Budworth [2001] FCA 1421
Repatriation Commission v Deledio [1998] FCA 391
Repatriation Commission v Stoddard [2003] FCAFC 300
Stoddart v Repatriation Commission (2003) 197 ALR 283
Woodward v Repatriation Commission [2003] FCAFC 160
REASONS FOR DECISION
13 July 2004 Mr RP Handley, Deputy President
Dr M Thorpe, Member1. This matter was remitted to the Tribunal by the Federal Court to be dealt with in accordance with law. At issue before the Federal Court was the Tribunal’s interpretation of s 120 of the Veterans’ Entitlement Act 1986 (“the Act”) in relation to a Statement of Principles (“SoP”) made under Part XIA of the Act and whether the Tribunal made errors of law in not deciding that certain psychiatric problems of the Applicant constituted a war-caused condition.
2. On the first day of the remittal hearing on 13 August 2003, the Tribunal was constituted by Mr RP Handley, Deputy President and Dr J Campbell, Member. At the commencement of the hearing, it was agreed between the Tribunal and the parties that the matter be adjourned for the parties to consider whether to seek leave of the Full Federal Court that its orders be amended to allow the Tribunal to consider all relevant psychiatric diagnoses, including post traumatic stress disorder (“PTSD”), even though…
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- AGLC
- Re Benjamin and Repatriation Commission [2004] AATA 738
- Case
- [2004] AATA 738
- Decision Date
CaseChat Overview and Summary
The legal issues central to the case were whether Mr Benjamin's psychiatric conditions constituted a war-caused condition and, if so, whether they qualified as a war-caused disease other than Post Traumatic Stress Syndrome. The court was also required to assess the credibility of the two incidents Mr Benjamin identified as stressors and evaluate the hypothesis he proposed regarding the origin of his conditions. Additionally, the court had to consider Mr Benjamin’s history of alcohol consumption and its impact on his psychiatric state.
The court found that Mr Benjamin was indeed suffering from Generalised Anxiety Disorder, which was connected to his operational service. The tribunal set aside the Veterans’ Review Board’s decision from 21 October 1998 and substituted a new decision that Mr Benjamin was entitled to a pension effective from 19 June 1997. The matter was remitted to the Repatriation Commission to calculate the appropriate rate of pension payable. The court's decision hinged on a detailed analysis of the evidence provided by Mr Benjamin, including expert psychiatric assessments, which supported the conclusion that his conditions were war-caused.
The orders of the tribunal were to set aside the previous decision of the Veterans’ Review Board, to substitute a new decision recognising Mr Benjamin's entitlement to a pension, and to remit the matter back to the Repatriation Commission for reassessment of the pension rate.
Orders
Orders of the court
The Tribunal:
(1) sets aside the decision of the Veterans’ Review Board dated 21 October 1998;
(2) substitutes a new decision that the Applicant suffers from war-caused General Anxiety Disorder and is entitled to payment of a pension with effect from 19 June 1997; and
(3) remits the matter to the Respondent for assessment of the rate of pension payable.
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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