Sanderson and Repatriation Commission

[2008] AATA 891

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 891

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/2300

VETERANS'        APPEALS       DIVISION		)
Re		NOEL SANDERSON

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr Egon Fice, Member
Dr Kerry Breen, Member

Date6 October 2008

PlaceMelbourne

Decision The Tribunal affirms the decision under review.

(sgd) Egon Fice

Member

VETERANS’ ENTITLEMENTS – post traumatic stress disorder (PTSD) – depressive disorder – alcohol dependence/abuse – diagnosis of PTSD – operational service – escort duties to Vietnam – sequential approach to superseded SoPs – category 1A stressor – category 1B stressor – category 2 stressor – severe psychsocial stressor – severe stressor

Veterans’ Entitlements Act 1986

Repatriation Commission v Deledio (1998) 83 FCR 82

Benjamin v Repatriation Commission (2001) 34 AAR 270

McKenna v Repatriation Commission (1999) FCR 323

Mines v Repatriation Commission [2004] FCA 1331

Repatriation Commission v Budworth (2001) 116 FCR 200

Repatriation Commission v Cooke (1998) 90 FCR 307

Repatriation Commission v Gorton (2001) 110 FCR 321

Repatriation Commission v Hill (2002) 69 ALD 581

Repatriation Commission v Keeley (2000) 98 FCR 108

Repatriation Commission v Smith (1987) 15 FCR 327

REASONS FOR DECISION

6 October 2008 Mr Egon Fice, Member
Dr Kerry Breen, Member

1.      Mr Noel Sanderson served in the Royal Australian Navy (the Navy) between August 1966 and April 1972.  He had operational service, as that term is defined in the Veterans’ Entitlements Act 1986 (the Act), in Vietnam between 10 and 18 February 1969 on board HMAS Derwent (the Derwent).  

2.      Mr Sanderson was receiving the disability pension at 50 per cent of the general rate.  In June 2004 Mr Sanderson submitted a claim for an increase in the disability pension for what he described as a PTSD/anxiety disorder and tinea.  In September 2004 Mr Sanderson lodged a further claim for alcohol dependence.  On 23 September 2004 the Repatriation Commission (the Commission) notified Mr Sanderson that it accepted his claim for tinea but rejected his claim for PTSD/anxiety disorder and alcohol dependence.  The Commission treated the latter claim as an alcohol abuse claim.  Mr Sanderson sought a review of the decision by the Commission pursuant to s 31 of the Act but the Commissioner declined to do so and suggested he proceed to the Veterans’ Review Board (the VRB).  On 2 May 2007 the VRB affirmed the Commissioner’s decision.  Mr Sanderson now seeks review of the VRB’s decision by this Tribunal.

3.      The issues before us are:

(a)whether Mr Sanderson suffers from PTSD or any other psychiatric condition;

(b)whether Mr Sanderson suffers from alcohol dependence/alcohol abuse;

(c)the date of clinical onset of any diagnosed condition;

(d)whether any diagnosed condition is causally related to Mr Sanderson’s operational service in the Navy.

RELEVANT BACKGROUND

4.      Mr Sanderson was born on 16 June 1947.  He enlisted in the Navy on 27 August 1966 and trained as a Weapons Mechanic at HMAS Cerberus.  On completion of this training on 27 October 1967, he was promoted to Able Seaman Weapons Mechanic…