Roll and Repatriation Commission (Veterans' entitlements)

The applicant sought a review of a decision by the Veterans' Review Board that refused to grant the special rate of pension under section 24 of the *Veterans' Entitlements Act 1986* (Cth). The applicant had served in the Royal Australian Navy and had several accepted conditions, including bilateral sensorineural hearing loss, bilateral tinnitus, and osteoarthritis of both knees, along with an adjustment disorder with depressed mood. The applicant's claim for the special rate was based on the assertion that these accepted disabilities prevented him from continuing remunerative work and resulted in a loss of earnings.

The primary legal issue before the court was whether the applicant met the criteria for the special rate pension under section 24(1)(c) of the Act. This required determining if the applicant was, by reason of incapacity from war-caused injury or disease alone, prevented from continuing remunerative work he was undertaking and consequently suffering a loss of earnings that he would not otherwise be experiencing. The court also considered the impact of the applicant's alcohol use on his ability to undertake remunerative work, as assessed by a medical professional.

The court reasoned that the applicant's accepted disabilities, particularly the chronic pain from his knee conditions, alone prevented him from continuing remunerative work. The medical assessment indicated that while the applicant's alcohol consumption was a significant problem, it was integrated into his life and did not prevent him from working when he was employed. The court found that the applicant's incapacity from his accepted war-caused conditions was the sole reason for his inability to continue remunerative work and the resulting loss of earnings.

Consequently, the court varied the decision of the Veterans' Review Board, ordering that the applicant be granted the special rate pension pursuant to section 24 of the *Veterans' Entitlements Act 1986* (Cth).