DECISION AND REASONS FOR DECISION [2002] AATA 894
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N1999/1396
VETERANS' APPEALS DIVISION )
Re GEOFFREY VALENTINE ROBINSON
Applicant
And REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Mr M J Sassella, Senior Member
Date4 October 2002
PlaceSydney
Decision The tribunal affirms the decisions under review.
[SGD] M J SASSELLA
Senior Member
CATCHWORDS
VETERANS' ENTITLEMENTS – Disability Pension – post-traumatic stress disorder – generalised anxiety disorder – panic disorder – depressive disorder – alcohol dependence or abuse – whether veteran experienced a severe stressor or a severe psychosocial stressor – decisions affirmed
Safety, Rehabilitation and Compensation Act 1986 ss 20(1), 23(1)(a)(i), 24(1)(a)(i), 120(1), (3), (4). 196D
Statement of Principles 3/99 as amended by 54/99 concerning post-traumatic stress disorder
Statement of Principles 15/94 as amended by 225/95 concerning post-traumatic stress disorder
Statement of Principles 76/98 concerning alcohol dependence or alcohol abuse
Statement of Principles 5/94 concerning psychoactive substance abuse or dependence
Statement of Principles 1/2000 concerning anxiety disorder
Statement of Principles 48/94 concerning generalised anxiety disorder
Statement of Principles 9/99 as amended by 58/99 concerning panic disorder
Statement of Principles 31/98 concerning panic disorder
Statement of Principles 58/98 concerning depressive disorder
Statement of Principles 65/96 concerning depressive disorder
Budworth v Repatriation Commission (2001) 33 AAR 48
Chaplin and Repatriation Commission, Re [2000] AATA 688
Deledio, Repatriation Commission v (1998) 49 ALD 193
Dettmer and Repatriation Commission, Re [2001] AATA 320
Gorton, Repatriation Commission v (2001) 33 AAR 370
Hamilton and Repatriation Commission, Re [2000] AATA 299
Hunter and Repatriation Commission, Re [2002] AATA 485
Kelly and Repatriation Commission, Re [2001] AATA 254
Smith, Repatriation Commission v (1987) 74 ALR 537
Williams, Repatriation Commission v [2001] FCA 1195
REASONS FOR DECISION
4 October 2002 Mr M J Sassella, Senior Member
THE APPLICATION
This is an application to the Administrative Appeals Tribunal ("the tribunal") by Geoffrey Valentine Robinson ("the applicant"), born 7 August 1940 (T4), for review of a decision of the Veterans' Review Board ("the VRB") dated 28 July 1999 (T17) which affirmed a decision of the Repatriation Commission ("the respondent") dated 22 August 1998 (ex TD3/21) to refuse a claim for Disability Pension in respect of post-traumatic stress disorder, psychoactive substance abuse, panic disorder and depressive disorder and which set aside a decision of the respondent dated 3 January 1997 (T10) setting the pension rate at 20% of the general rate. The VRB set aside the respondent's decision and decided instead that the pension was payable at 40% of the general rate.
THE HEARINGThe tribunal convened a hearing in this matter in Sydney on 13 February 2001. Mr N Dawson of counsel represented Mr Robinson. Mr S Modder of the Department of Veterans' Affairs ("DVA") Advocacy Service represented the Repatriation Commission. The tribunal heard oral evidence from Mr Robinson and Dr A Dinnen, a psychiatrist. The tribunal took into evidence the following documents:
Exhibit TD1 – Section 37 Statement and associated documents (exhibits T1 – T21) provided by the respondent.
Exhibit TD2 – Additional service documents…
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CaseChat Overview and Summary
The legal issues before the court centred on whether Mr Robinson's service exposed him to a severe stressor or a severe psychosocial stressor, as required by the relevant Statements of Principles issued under the Safety, Rehabilitation and Compensation Act 1986. The tribunal had to determine if Mr Robinson's experiences during his service met the criteria set out in the Statements of Principles concerning various psychiatric conditions. These included experiencing, witnessing, or being confronted with events involving actual or threatened death or serious injury, or a threat to physical integrity.
The tribunal found that Mr Robinson's service did not expose him to the kinds of severe stressors necessary to support his claims for additional psychiatric disabilities. The tribunal relied on the Federal Court's decision in Budworth v Repatriation Commission, which outlined a four-step process for assessing war-caused disabilities. The tribunal determined that the hypothesis connecting Mr Robinson's psychiatric conditions with his service was not reasonable because it did not align with the relevant Statements of Principles. Consequently, the tribunal affirmed the decisions under review, maintaining Mr Robinson's current rate of Disability Pension at 40% of the general rate. This rate did not qualify for higher rates of pension under the Guide to the Assessment of Rates of Veterans' Pensions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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