Re Williamson and Repatriation Commission

[2004] AATA 1185

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 1185

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/198

VETERANS' APPEALS  DIVISION		)
Re		DAVID JOHN WILLIAMSON

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member BJ McCabe
Member SC Fisher

Date10 November 2004  

PlaceBrisbane

Decision

The Tribunal decides:

(a)      to set aside the VRB decision under review of 13 November 2002            insofar as lumbar spondylosis is concerned and to accept this            condition as being defence-caused with effect from 5 November            2001;

(b)      to remit the matter of assessment of incapacity from lumbar            spondylosis together with all previously accepted conditions to the            Repatriation Commission; and

(c)       to affirm that part of the VRB decision under review of            13 November 2002 refusing acceptance of post traumatic stress            disorder, alcohol dependence and alcohol abuse and gastro-           oesophageal reflex disease.

....................[Sgd].........................

BJ McCabe
  Senior Member

CATCHWORDS

VETERANS’ ENTITLEMENTS – pensions and benefits – whether post traumatic stress disorder, anxiety disorder, alcohol abuse, gastro-oesophageal reflux disease are war-caused – whether raised facts fit Statements of Principles – decision affirmed
VETERANS’ ENTITLEMENTS – pensions and benefits – whether lumbar spondylosis is defence-caused – whether Statement of Principles is satisfied – decision set aside

Veterans’ Entitlements Act 1986
Repatriation Commission v Stoddart [2003] FCAFC 300
Repatriation Commission v Deledio (1998) 83 FCR 82
Woodward v Repatriation Commission [2003] FCAFC 160
Stoddart v Repatriation Commission [2003] FCA 334
Byrnes v Repatriation Commission (1993) 177 CLR 564
McKenna v Repatriation Commission [1999] FCA 323

REASONS FOR DECISION

10 November 2004   Senior Member BJ McCabe
Member SC Fisher

Introduction

1.      Mr Williamson is the applicant in these proceedings. He lodged a claim under the Veterans’ Entitlements Act 1986 (the Act) for medical treatment and a pension for incapacity from several conditions, including bilateral sensorineural hearing loss, fracture of the right lower leg, post traumatic stress disorder (PTSD) and alcohol abuse or dependence, gastro-oesophageal reflux disease and lumbar spondylosis.  He says these conditions are related to his service in Vietnam.

2.      The Repatriation Commission accepted liability for bilateral sensorineural hearing loss and fracture of the right lower leg.  It rejected Mr Williamson’s contention that his other medical conditions (PTSD, alcohol abuse or dependence, gastro-oesophageal reflux disease and lumbar spondylosis) were service related, and made a decision to that effect on 26 April 2004.  The Repatriation Commission’s decision was affirmed by the Veterans’ Review Board (the VRB) on 13 November 2002. From the VRB Mr Williamson lodged an appeal with this Tribunal, which heard the matter on 12 August 2004.

Background

3.      The applicant was born on 13 January 1949.  He served in the Royal Australian Navy from 27 August 1966 to 27 August 1976.  His operational service was from 14 – 29 May 1969 aboard HMAS Vampire in Vietnam.

4.      The applicant also rendered defence service from 7 December 1972 to his discharge on 27 August 1976.

The Material Before the Tribunal

5.      The following documentary evidence was before the Tribunal:

Exhibit 1 Documents lodged pursuant to section 37…