Rodney Green and Repatriation Commission

[2012] AATA 619

[2012] AATA 619 

Division	VETERANS' APPEALS DIVISION
File Numbers	2011/3544
Re	Rodney Green
APPLICANT
And	Repatriation Commission
RESPONDENT

DECISION

Tribunal	Mr S. Webb, Member
Date	14 September 2012
Place	Taree, NSW

The reviewable decision is affirmed.

.....................[sgd]...........................................

Mr S. Webb, Member

VETERANS’ ENTITLEMENTS – defence service – right eye – chorioretinal scar and visual field defects – probable viral placoid retinitis during service – cause of virus not known –viral retinitis and chorioretinal scarring not arising out of service – but for test not satisfied – no material contribution or aggravation – decision affirmed

Veterans’ Entitlements Act 1986 (CTH), ss 5D, 70, 119, 120, 196B

Holthouse v Repatriation Commission [1982] FCA 113

Johnston v Commonwealth (1982) 43 ALR 559

Kennedy Cleaning Services Pty Limited v Petkoska [2000] HCA 45

Langley v Repatriation Commission (1993) 43 FCR 194

Repatriation Commission v Law (1980) 31 ALR 140

Re Repatriation Commission and Wicking [1987] AATA 358

Roncevich v Repatriation Commission [2005] HCA 40

REASONS FOR DECISION

Mr S. Webb, Member

14 September 2012

1. Rodney Green served in the Australian Army. After discharge, he claimed a disability pension in respect of lower limb, hearing and right eye conditions. The lower limb claim has now been accepted as defence-caused and Mr Green has withdrawn his claim in respect of a hearing condition. The only matter remaining for determination on review is Mr Green’s claim in respect of a right eye condition.

2. During the period of his defence service, Mr Green experienced the sudden onset of right eye symptoms. He sought and obtained medical treatment, but sustained chorioretinal scarring and permanent visual field defects. Mr Green claims that the scarring and related vision-loss is defence-caused and he is seeking an increase in the rate of his disability pension.

3. The issues to be determined are whether the condition affecting Mr Green’s right eye, including chorioretinal scarring and visual field defects, are defence-caused for the purposes of the Veterans’ Entitlements Act 1986 (CTH) (the Act), and if so, whether Mr Green qualifies for an increase in the rate of disability pension.

4. Following the hearing, the parties provided written submissions addressing relevant matters arising under s 70 of the Act.

   Onset

5. Mr Green asserts that he first sought treatment for symptoms in his right eye, including partial vision loss, irritation and a watery discharge on or about 19 January 1985[1]. He says that he did so at the 5/7 RAR Regimental Aid Post (RAP) during the Christmas stand-down period. He says that he was treated by a medical orderly with basic first aid training, who thought that he may have dust in his right eye. The treatment simply involved flushing his eye. He was given a device for this purpose and he was told to do this daily for the following week; and that is what he did. His right eye symptoms did not resolve: the discharge, irritation and vision loss persisted. Mr Green asserts that he consulted the RAP for his own regiment one week later, but again…