Robinson and Repatriation Commission

[2008] AATA 786

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 786

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No V 200601095

VETERANS'        APPEALS       DIVISION		)
Re		NEIL ROBINSON

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr Egon Fice, Member  

Date3 September 2008

PlaceMelbourne

Decision The Tribunal sets aside the decision under review and in substitution decides that Mr Robinson is incapacitated as a consequence of post traumatic stress disorder and that his incapacity should attract compensation in accordance with s 13 of the Veterans’ Entitlements Act 1986.  As to the degree of incapacity, the Tribunal is satisfied that the Impairment Assessment attached to Dr Strauss’ report of 30 October 2007 should be adopted.

(sgd) Egon Fice

Member

VETERANS’ AFFAIRS ‑ Veterans Entitlements – Post Traumatic Stress Disorder – diagnosis applying DSM IV – operational service in Singapore Straits – interception of Indonesian vessels – consistent contemporaneous documentary evidence – category 1A stressor – life threatening event – intense fear – objective and subjective elements – sequential approach to superseded SoP

Veterans’ Entitlements Act 1986

American Psychiatric Association’s and Diagnostic and Statistical Manual of Mental Disorders (DSM-IV)

Benjamin v Repatriation Commission (2001) 34 AAR 270 at 282

Mines v Repatriation Commission [2004] FCA 1331

Repatriation Commission v Budworth (2001) 116 FCR 200

Repatriation Commission v Cooke (1998) 90 FCR 307

Repatriation Commission v Deledio (1998) 83 FCR 82

Repatriation Commission v Gorton (2001) 110 FCR 321

Repatriation Commission v Hill (2002) 69 ALD 581

Repatriation Commission v Smith (1987) 15 FCR 327

Repatriation Commission v Stoddart (2003) 134 FCR 392

Stoddart v Repatriation Commission (2003) 197 ALR 283

Woodward and Another v Repatriation Commission (2003) 131 FCR 473

REASONS FOR DECISION

3 September 2008 Mr Egon Fice, Member      

1.      Mr Neil Robinson served in the Royal Australian Navy (the Navy) between March 1963 and March 1972.  He had operational service, as that term is defined in the Veterans’ Entitlements Act 1986 (VE Act) in Malaysia, Singapore, Brunei and Vietnam.  He was trained and employed as a Tactical Operator in the Communications Branch. 

2.      Mr Robinson was receiving the disability pension at 20 per cent of the general rate.  In December 2005 Mr Robinson submitted a claim for an increase in the disability pension for what he described as stress/anxiety and emotional problems.  The Repatriation Commission (the Commission) rejected Mr Robinson’s claim.  He applied to the Veterans’ Review Board (the VRB) in May 2006 for a review of the Commission’s decision.  The VRB affirmed the Commission’s decision.  He now seeks a review of the VRB’s decision by this Tribunal.

3.The issues before me are:

(a)whether Mr Robinson suffers from post traumatic stress disorder (PTSD) or any other psychiatric condition;

(b)       the date of clinical onset of the diagnosed condition; and

(c)whether any diagnosed condition is causally related to Mr Robinson’s operational service in the Navy.

RELEVANT BACKGROUND

4.      Mr Robinson was born on 19 July 1945.  He enlisted in the Navy on 10 March 1963 and was discharged on 9 March…