Schmidt and Repatriation Commission

[2004] AATA 402

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 402

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2002/974

VETERANS' APPEALS  DIVISION		)
Re		JAN SCHMIDT

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr O Rinaudo, Member

Date22 April 2004  

PlaceBrisbane

Decision The Tribunal affirms the decision under review.

...................(Sgd)......................

O Rinaudo
  Member

CATCHWORDS

VETERANS’ AFFAIRS – entitlement – PTSD, alcohol dependence or alcohol abuse and psoriasis – meaning of “experiencing a severe stressor” – meaning of “threat” – Tribunal satisfied beyond reasonable doubt applicant did not experience severe stressor

Veterans’ Entitlements Act 1986 ss 9, 120

Repatriation Commission v Deledio (1998) 83 FCR 82
Stoddart v Repatriation Commission [2003] FCA 334
Repatriation Commission v Deledio (1998) 49 ALD 193
Harris v Repatriation Commission (2000) 31 AAR 270
Arnott v Repatriation Commission (2001) 32 AAR 445
Woodward v Repatriation Commission [2003] FCACF 160
Repatriation Commission v Stoddart [2003] FCACC 300

REASONS FOR DECISION

22 April 2004  Mr O Rinaudo, Member     

Decision under review

1. The applicant Jan Hendrik Schmidt seeks review of a decision of the Repatriation Commission made on the 7 February 2002 that post traumatic stress disorder, alcohol dependence or alcohol abuse and psoriasis are not war-caused within the meaning of section 9 of the Veterans’ Entitlements Act 1986.  This decision was affirmed by the Veterans’ Review Board on the 13 August 2002.

History

2.      The applicant was born on 14 December 1947.  The applicant enlisted in the Royal Australian Airforce on 8 February 1965 and was discharged on 3 November 1983.  The applicant had operational service at Ubon, Thailand, from the 14 July 1966 to 8 September 1966.  The applicant also has defence service from the 7 December 1972 to 3 November 1983.  The applicant has the following excepted service-related conditions:

·     Sensori-Neural Hearing Loss of the right ear with Tinnitus

·     Post Traumatic Stress Disorder – treatment only

3.      The applicant has the following non-service related disabilities:

·     Post Traumatic Stress Disorder

·     Psoriasis

·     Alcohol Dependence

The Hearing

4.      At the hearing of this application the applicant gave evidence.  The “T” Documents were admitted in evidence as Exhibit 1, as well as the following material:

Exhibit 2        Statement of Jan Hendrik Schmidt

Exhibit 3        Report of Dr Michael Likely dated 5 June 2003

Exhibit 4        Report of Dr John Rogers dated 28 August 2003

Exhibit 5        Report of Dr Peter Mulholland dated 3 July 2003

5.      Mr Schmidt told the Tribunal he was 18 years old when he served in Ubon.  He said that he served as a General Hand and as an Airfield Defence Guard.  He said his shift would start at 7.00 at night for 12 hours.  He said he knew there was a possibility of attack from insurgence.

6.      He described the following incidents involving a Thai Guard.  The applicant said that usually the Australian and Thai Guards would get together about 4 pm to exchange passwords and to become familiar with each other so that if their paths crossed…