Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2004] AATA 707
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q2002/283
VETERANS' APPEALS DIVISION ) Re DOUGLAS STONEHOUSE Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Senior Member Bernard McCabe
Major-General J Stein, MemberDate 2 July 2004
PlaceBrisbane
Decision The Tribunal affirms the decision under review.
....................[Sgd].......................
BJ McCabe
Senior Member
CATCHWORDS
VETERANS AFFAIRS – pensions and entitlements – applicant claims anxiety disorder is service related – whether applicant experienced a severe psychosocial stressor – meaning of the term severe psychosocial stressor – whether clinical onset occurred within two years of severe psychosocial stressor – decision affirmed
VETERANS AFFAIRS – pensions and entitlements – applicant claims alcohol abuse or alcohol dependence is service related – whether applicant experienced a severe stressor – whether applicant suffers alcohol abuse or alcohol dependence – decision affirmed
Veterans’ Entitlements Act 1986
Repatriation Commission v Deledio (1998) 83 FCR 82
Demczuk v Repatriation Commission [2003] FCA 1188
White v Repatriation Commission [2004] FCA 633
O’Neil v Repatriation Commission (2001) 34 AAR 290
Benjamin v Repatriation Commission [2001] FCA 1879
McKenna v Repatriation Commission [1999] FCA 323
Krause and Repatriation Commission [2004] AATA 359
Repatriation Commission v Stoddart [2003] FCAFC 300REASONS FOR DECISION
2 July 2004 Senior Member Bernard McCabe
Major-General J Stein, Member1. This is an application for review of a decision of the Veterans’ Review Board (the VRB) of 14 February 2002. The VRB affirmed the Repatriation Commission’s decision of 13 September 2000 as varied by the Commission on 28 September 2001. The Commission decided the applicant’s conditions of anxiety disorder and alcohol dependence or abuse are not war caused.
2. The matter was heard by the Tribunal on 9-10 March 2004. The applicant was represented by Mr Harding. The respondent was represented by Mr Kelly, a departmental advocate. The documents submitted pursuant to s37 Administrative Appeals Tribunal Act 1975 were tendered in evidence. Also in evidence were:
• Statement of the applicant dated 2 July 2002;
• Undated statement of J. Durick;
• Two statutory declarations of Mervyn Ward dated 12 March 2002
• A statement of Mervyn Ward dated 1 August 2003;
• A statement of Ian Hunger dated 30 July 2003;
• A statement of Malcolm Wheat dated 10 August 2003;
• A statement of William Krause dated 28 July 2003;
• A statement of William Reilly dated 22 July 2003;
• A report of Dr Wainwright dated 28 October 2002;
• A report of Dr Carter dated 8 May 2003;
• A Writeway Research report dated 7 March 2003• An extract from a Naval Ratings Handbook.
Several witnesses also gave evidence at the hearing:
• The applicant;
• Joseph Durick;
• Mervyn Ward;
• Ian Hunter;
• Malcolm Wheat;
• William Krause;
• William Reilly;• Dr Janice Carter; and
• Dr Wainwright.
The Facts
3. The applicant served with the Royal Australian Navy from 14 January 1963 until 13 January 1972. For the purposes of the Veterans’…
Continue reading Re Stonehouse and Repatriation Commission
Sign in free to access the full text
- AGLC
- Re Stonehouse and Repatriation Commission [2004] AATA 707
- Case
- [2004] AATA 707
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the applicant had experienced a severe psychosocial stressor during their military service, the meaning of the term "severe psychosocial stressor," and whether the onset of the clinical conditions occurred within two years of the stressor. Additionally, the court needed to determine if the applicant suffered from alcohol abuse or alcohol dependence and whether these conditions were related to their service.
In examining the evidence, the court found that the applicant had not experienced a severe psychosocial stressor as defined by relevant authorities. The court referred to previous cases such as Repatriation Commission v Deledio and Demczuk v Repatriation Commission to clarify the definition and criteria for a severe psychosocial stressor. The applicant's claims did not meet the necessary threshold, and thus, the court affirmed the Repatriation Commission's decision. The court also found that the applicant did not suffer from alcohol abuse or alcohol dependence, and therefore, the applicant's claims in this regard were also rejected.
The Tribunal, in affirming the decision under review, concluded that the applicant was not entitled to the pensions and entitlements claimed. The decision was based on the lack of evidence supporting the applicant's claims regarding the service-related nature of the alleged conditions.
Orders
Orders of the court
The Tribunal affirms the decision under review.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.