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Reynolds and Repatriation Commission

Reynolds and Repatriation Commission

Case [2003] AATA 1258 12 December 2003

Entitlement

War-caused diseases

Post Traumatic Stress Disorder

Alcohol Abuse or Dependence

Cardiomyopathy

Veterans Affairs

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Administrative

Appeals

Tribunal

DECISION AND REASONS FOR DECISION [2003] AATA 1258
ADMINISTRATIVE APPEALS TRIBUNAL N2002/0001

VETERANS APPEALS DIVISION

Re: Kevin Walter REYNOLDS
Applicant

And: REPATRIATION COMMISSION
Respondent

DECISION
Tribunal:       P.J. Lindsay, Senior Member
Date:             12 December 2003
Place:            Sydney
Decision:The decisions under review should be set aside. In substitution the tribunal decides that the applicant’s alcohol abuse and secondary cardiomyopathy with congestive cardiac failure are war-caused diseases. The matter is remitted to the Commission for assessment.

(sgd) P. J. Lindsay, Senior Member

© Commonwealth of Australia (2003)

ORDER TO AMEND WRITTEN DECISION

Tribunal P.J. Lindsay, Senior Member
Date15 January 2004
PlaceSydney
WHEREAS

1.    The tribunal published its decision on 12 December 2003.
2.    It has come to the tribunal’s attention that there was an error in the decision in that there is no reference to the date of effect of the decision.
3. The tribunal wishes to amend the written decision so as to rectify the error and wishing to do so with the least cost and inconvenience to the parties, applies the provision of section 43AA of the Administrative Appeals Tribunal Act 1975.
THE TRIBUNAL THEREFORE ORDERS:
That the decision of the tribunal as recorded should read as follows:
The decisions under review should be set aside. In substitution the tribunal decides that the applicant’s alcohol abuse and secondary cardiomyopathy with congestive cardiac failure are war-caused diseases with effect from 18 February 2001 and 21 March 2000 respectively. The matter is remitted to the Commission for reassessment of the rate of pension taking into account incapacity from these diseases.
(sgd) P.J. Lindsay
  Senior Member

CATCHWORDS
Veterans Affairs – entitlement – applicant suffering from secondary cardiomyopathy with congestive cardiac failure - symptoms of a psychiatric condition – diagnosis of psychiatric symptoms - applicant experienced severe stressor - diagnosed psychiatric conditions of PTSD and alcohol abuse are war-caused diseases - decisions set aside.
Veterans’ Entitlements Act 1986, ss.120, 120A
Repatriation Medical Authority Statements of Principles:
-     Instrument No.76 of 1998 concerning Alcohol Abuse or Dependence
-     Instrument No 19 of 1998 concerning Cardiomyopathy, as amended by Instrument No 22 of 2002
-     Instrument No 3 of 1999 concerning Post Traumatic Stress Disorder, as amended by Instrument No 54 of 1999
Repatriation Commission v Deledio (1998) 49 ALD 193
Repatriation Commission v Hill (2002) 69 ALD 581
Benjamin v Repatriation Commission (2001) 34 AAR 270
Repatriation Commission v Budworth (2001) 66 ALD 285
Fogarty v Repatriation Commission (2003) 37 AAR 363
Repatriation Commission v Smith (1987) 74 ALR 537
McKenna v Repatriation Commission (1999) 29 AAR 70.
Bull v Repatriation Commission (2001) 66 ALD 271
Stoddart v Repatriation Commission (2003) 197 ALR 283
Woodward v Repatriation Commission (2003) 200 ALR 332
Re Robertson and Repatriation Commission (1998) 50 ALD 668
Repatriation Commission v Cornelius [2002] FCA 750
Lees v Repatriation Commission (2002) 36 AAR 484
Bushell v Repatriation Commission (1992) 175 CLR 408
REASONS FOR DECISION

P.J. Lindsay, Senior Member

1. Kevin Walter Reynolds served in the Royal Australian…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Reynolds and Repatriation Commission

Details

AGLC: Reynolds and Repatriation Commission [2003] AATA 1258
Case: [2003] AATA 1258
Decision Date: 12 December 2003

CaseChat Overview and Summary

The applicant, Mr Reynolds, sought a review of a decision by the Commission concerning his entitlements under the Veterans’ Entitlements Act 1986. The applicant argued that he was entitled to a war-caused disease pension for secondary cardiomyopathy with congestive cardiac failure, as well as for post-traumatic stress disorder and alcohol abuse. The Commission had previously determined that the applicant's psychiatric symptoms were not a war-caused disease but rather a consequence of his alcohol abuse. This case was heard by the Federal Court of Australia.

The primary legal issue before the court was whether the applicant's psychiatric conditions, specifically post-traumatic stress disorder and alcohol abuse, were war-caused diseases. The court needed to determine if these conditions were related to the severe stressor experienced by the applicant during his service, and thus qualified as war-caused diseases under the Act. Another issue was whether the applicant's cardiomyopathy with congestive cardiac failure was related to his service and therefore compensable.

The court found that the applicant's psychiatric conditions were indeed war-caused diseases, as they were directly related to the severe stressor he experienced during his service. The court referred to relevant medical authorities and statements of principles, as well as previous case law, to support its decision. The court held that the Commission had erred in its initial decision by not considering the applicant's psychiatric conditions as war-caused diseases. As a result, the court set aside the Commission's decision and remitted the matter back for reconsideration.

The court ordered that the matter be remitted to the Commission for reconsideration in light of the court's decision. The Commission was directed to reassess the applicant's entitlements under the Veterans’ Entitlements Act 1986, taking into account the applicant's war-caused diseases of post-traumatic stress disorder and alcohol abuse. The court did not make a specific order regarding the cardiomyopathy with congestive cardiac failure, leaving it to the Commission to determine whether it was related to the applicant's service.

Orders