Salter and Repatriation Commission

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 231

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2001/1161

VETERANS' APPEALS  DIVISION		)
Re		JANETTE HELEN SALTER

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Deputy President Don Muller

Date12 March 2003 

PlaceBrisbane

Decision The Tribunal sets aside the decision under review and in substitution determines that the death of the late veteran, John Salter, on 31 October 1996, was war-caused within the meaning of that term in the Veterans’ Entitlements Act 1986.

..............(Signed)................................

D.W. MULLER

DEPUTY PRESIDENT

6.      There is no dispute about the following facts and the Tribunal finds that:

(a)John Salter was born in the United Kingdom on 6 January 1924.

(b)He served in the British Army from 6 January 1942 until 21 May 1952.

(c)He served in the Australian Army from 20 October 1952 until 31 May 1974.

(d)He had operational service in Vietnam from 3 February 1967 until 1 July 1967.

(e)He had never lived in a tropical area until he went to Vietnam.

(f)He had eligible defence service from 7 December 1972 until 31 May 1974.

(g)He suffered from hypertension before he joined the Australian Army in 1952.

(h)The available medical records show that his blood pressure readings were recorded in the following years:

1952            140/85  1972              130/95

June 1964   145/85  1973              130/90

1965            145/80  1974              150/90

1966            160/85  13 Feb 1996  255/90

1969            160/80  16 Feb 1996  210/90

1970            160/80  

(i)The clinical onset of his heart disease was in 1996.

(j)He died on 31 October 1996, aged 72 years.  The cause of death was recorded in his death certificate as:

“Myocardial infarction, and Severe atherosclerosis of coronary arteries”

7.      The Applicant gave evidence to the following effect:

(a)She first met her husband in 1979.  He told her that he had recently ceased smoking.

(b)The veteran ate at least a dessert spoon of salt on all of his meals including breakfast, every day.

(c)The veteran would sometimes pour salt on to his hand and eat it after mowing the lawn;

(d)The veteran told his wife that he required a lot of salt “since being in the tropics” and that the doctors in Vietnam told him that he should have salt in the tropics;

(e)Even though she had heated discussions with her husband about his excessive salt consumption he never reduced his salt intake even when he was later diagnosed with hypertension and ischaemic heart disease.

8.      The veterans’ colleague and friend, Roger Mattiske, gave the following evidence:

(a)He had known the veteran since January 1957;

(b)During their service in Vietnam they were both ordered to take four salt tablets daily in order to help preserve body fluids;

(c)He witnessed the veteran while in service and later at his home, pour salt on to his hand and eat it;

(d)He noticed during the mess meals he shared with the veteran, after their service in Vietnam, that the veteran’s first move was towards the salt shaker;

(e)His own experience was that he had also developed a…