Scott and Repatriation Commission

[2007] AATA 1809

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1809

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q 200600786

VETERANS’ APPEALS DIVISION		)
Re		ALLEN ARTHUR SCOTT

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal

M J Carstairs, Senior Member

Dr J B Morley, RFD, Member

Date13 September 2007

PlaceBrisbane

Decision

For reasons given orally after the hearing the Tribunal sets aside the decision under review and substitutes the decision that the applicant’s depressive disorder, diabetes mellitus and hypertension are war-caused with effect from 24 December 2004.

The Tribunal remits to the respondent the assessment of the rate of pension payable to the applicant.

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Senior Member

CATCHWORDS

VETERANS’ AFFAIRS – medical conditions of depressive disorder, diabetes, hypertension – whether conditions are service related – application of Deledio steps – depression was accepted as related to service – experienced stressor, marital breakdown, anxiety, alcohol misuse, binge eating – respondent conceded diabetes and hypertension if depressive condition war caused – decision set aside – remit to respondent to assessment pension rate.

Veterans’ Entitlements Act 1986 - ss9, 13, 120(1),(4), s120A(3)

Repatriation Commission v Deledio (1988) 83 FCR 82

Benjamin v Repatriation Commission (2001) 70 ALD 622

Repatriation Commission v Milenz (2006) 93 ALD 107

WRITTEN REASONS FOR ORAL DECISION

13 September  2007   M J Carstairs, Senior Member
  Dr J B Morley, RFD, Member

1.Mr Allen Arthur Scott seeks pension for three medical conditions - depression, diabetes mellitus, and hypertension - which he says are related to his service in the Royal Australian Navy, in particular those parts of his service which took place in Malaya and in Vietnam.  

2.These parts of Mr Scott’s service are operational service under the Veterans’ Entitlements Act 1986 (the Act) and were made up of several discrete periods of such service from 1960 to 1972, involving firstly trips undertaken between 1960 and 1962 in relation to operations with the Far East Strategic Reserve and secondly those undertaken between 1965 and 1972 in relation to the Vietnam campaign. Mr Scott also had defence service after December 1972 and until his discharge in July 1978, but does not rely on this for these claims.

3.We gave oral reasons for the decision after the hearing.  On 13 September 2007 the respondent requested written reasons. These reasons now answer that request.

ISSUES

4.Given the contentions by the parties, the statutory framework provided for in the Act, and the four steps set out by the Federal Court in Repatriation Commission v Deledio[1] the issues for us to consider are:

·     The diagnosis of Mr Scott’s conditions;

·     Whether the material before us raises hypotheses connecting the conditions with the circumstances of Mr Scott’s service and whether there are in force Statements of Principles relevant to Mr Scott’s conditions;

·     Whether the hypotheses contain one or more of the factors set out in the relevant Statements of Principles. This, in turn, requires an examination of the elements of the relevant factors of the Statements of Principles.

·     Whether Mr Scott’s…