Simpson and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by a 64-year-old ex-serviceman, who was in receipt of a disability pension at 100% of the General Rate, seeking an increase to the Special or Intermediate Rate. The applicant sought to claim new conditions, specifically post-traumatic stress disorder (PTSD), epilepsy, and alcohol abuse, and to link these conditions to his service. The applicant had previously claimed PTSD, relying on a traumatic event not previously mentioned in earlier claims. The decision under review was affirmed.

The legal issues before the Tribunal were whether the applicant suffered from PTSD, epilepsy, and alcohol abuse, and whether these conditions were causally linked to his military service. Furthermore, the Tribunal had to determine if the applicant was prevented from undertaking work due to accepted conditions alone, and if any ameliorating provisions applied, in order to assess his entitlement to a disability pension above his current rate.

The Tribunal found that the applicant did not suffer from PTSD, nor was the Respondent liable for such a condition. Similarly, the Tribunal determined that the applicant did not suffer from epilepsy or alcoholism, and the Respondent was not liable for these conditions. Consequently, the Tribunal concluded that the applicant was not entitled to a disability pension above his current rate of 100% of the General Rate. The decision under review was therefore affirmed.