Robert Mewett and Repatriation Commission

[2013] AATA 277 

Division

Veterans' Appeals Division

File Numbers

2012/3535

2012/4499

Re

Robert Mewett

APPLICANT

And

Repatriation Commission

RESPONDENT

DECISION

Tribunal	Senior Member Bernard J McCabe
Date	8 May 2013
Place	Brisbane (heard in Townsville)

The decision under review related to depressive disorder is set aside and varied.  The decision under review related to ischaemic heart disease is affirmed.

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

Senior Member Bernard J McCabe

CATCHWORDS

VETERANS' AFFAIRS – Pensions and benefits – Pension at special rate – Date of onset of depressive disorder – Ischaemic heart disease – Category 1A stressor – Decision related to depressive disorder set aside and substituted – Decision related to ischaemic heart disease affirmed

LEGISLATION

Veterans’ Entitlements Act 1986

SECONDARY MATERIALS

Statement of Principles, No. 28 of 2008

Statement of Principles, No 90 of 2007

REASONS FOR DECISION

Senior Member Bernard J McCabe

1. Robert Mewett suffers from a depressive disorder and a heart condition. He says those conditions are a result of his work as a bomb disposal technician while serving in the RAAF between 1981 and 2006. He has asked for a pension paid at the special rate under s 24 of the Veterans’ Entitlements Act 1986. The hearing which has led to this decision focused on whether it was possible to establish a link between the conditions and the applicant’s defence service.

2. In order to succeed in his claim for depressive disorder, Mr Mewett must satisfy the requirements imposed by the applicable Statement of Principles (SoP) published by the Repatriation Medical Authority, No. 28 of 2008. As a practical matter, that means he must establish he was exposed to a category 1A, category 1B, or category 2 stressor in the two-year period before the onset of his depressive condition. To succeed in his claim for ischaemic heart disease, he must satisfy the requirements of the SoP applicable to that condition, which is No. 90 of 2007. The applicant can satisfy the requirements of that SoP if he can establish his depressive disorder:

   (a) was defence-caused, and

   (b) the depressive condition had a date of onset prior to early 2001. (Factor 6(m) in the ischaemic heart disease SoP refers to the presence of a clinically significant psychiatric disorder for at least 5 years before the date of onset of the heart condition.)

3. The applicant provided a good deal of evidence about his experience as a bomb-disposal technician. He had difficulty remembering some events. His recollection of dates and the detail of some specific events was especially vague. Even so, I am satisfied he was doing his best to assist the Tribunal. I accept he was a credible witness and I have no reason to doubt what he said at the hearing or in his statements. I accept his evidence.

4. Mr Mewett told a number of stories about hair-raising experiences he had as a bomb-disposal technician. He was routinely required to handle unexploded munitions. That often occurred in a controlled environment which limited the risk – although Mr Mewett told stories about how…