RONALD DAVIS and REPATRIATION COMMISSION

[2011] AATA 455

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2011] AATA 455

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2009/0753

VETERANS' APPEALS  DIVISION		)
Re		RONALD DAVIS

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr R G Kenny, Senior Member

Date29 June 2011

PlaceBrisbane

Decision The Tribunal affirms the decision under review.

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

Senior Member

CATCHWORDS

VETERANS’ AFFAIRS – Disability pension – Operational service with Royal Australian Navy – Application of Statements of Principles – Appropriate diagnosis of psychiatric conditions – No factual basis for diagnosis of posttraumatic stress disorder – Posttraumatic stress disorder not war-caused – Diagnosis and clinical onset of alcohol abuse and drug abuse –  Reasonable hypothesis of relevant relationship to service raised for alcohol abuse and drug abuse – Hypothesis disproved beyond reasonable doubt – Alcohol abuse and drug abuse not war-caused – Decision under review affirmed

Veterans’ Entitlements Act 1986 (Cth) ss 6C, 7, 9, 14, 37, 120, 120A, 196B

Border v Repatriation Commission (No 2) [2010] FCA 1430
Drew v Repatriation Commission [2008] FCA 537
Fogarty v Repatriation Commission [2003] FCAFC 136; (2003) 37 AAR 363

Glasby v Repatriation Commission [2008] AATA 664.

Hunter v Repatriation Commission [2010] FCA 145; (2010) 114 ALD 89
Repatriation Commission v Keeley [2000] FCA 532; (2000) 60 ALD 401
Lees v Repatriation Commission (2002) 125 FCR 331
Re Robertson and Repatriation Commission (1998) 50 ALD 668
Repatriation Commission v Cornelius [2002] FCA 750
Repatriation Commission v Deledio (1998) 83 FCR 82; (1998) 49 ALD 193; (1998) 27 AAR 144
Repatriation Commission v Gorton [2001] FCA 1194; (2001) 65 ALD 609
Repatriation Commission v Stoddart [2003] FCAFC 300; (2003) 38 AAR 176
White v Repatriation Commission [2004] FCR 633

Woodward v Repatriation Commission [2003] FCAFC 160; (2003) 75 ALD 420  

REASONS FOR DECISION

29 June 2011 Mr R G Kenny, Senior Member    

BACKGROUND

1. On 15 May 2008 the applicant, Ronald Davis, lodged with the Repatriation Commission (“the respondent”), in accordance with s 14 of the Veterans’ Entitlements Act 1986 (Cth) (“the Act”), a claim for a disability pension for “psychiatric disorder”. He contended that this was related to circumstances of his service with the Royal Australian Navy (“the RAN”) which was from 4 January 1967 until 10 August 1972.

2.      On 26 May 2008 the respondent determined that the appropriate medical diagnoses for the claimed conditions were posttraumatic stress disorder, depressive disorder, drug abuse and alcohol abuse. It also determined that those conditions were not related to Mr Davis’ service. On 17 November 2008 the Veterans’ Review Board (“the Board”) affirmed the decision in relation to depressive disorder, drug abuse and alcohol abuse on the basis that these conditions were not related to Mr Davis’ service. The Board also affirmed the decision in relation to posttraumatic stress disorder on the basis that relevant diagnostic criteria for that condition were not met. 

ISSUES AND SERVICE

3.      Mr T Meehan, on behalf of the applicant, conceded that there was no current diagnosis of…