Skinner and Repatriation Commission (Veterans' entitlements)

This matter concerned an application for review of a decision by the Repatriation Commission that the applicant's lumbar spondylosis was not related to his service in the Royal Australian Navy. The applicant served from December 1972 to January 1980, including time as a cook on submarines, and claimed his condition was caused by repetitive lifting and carrying of heavy loads in confined spaces. The delegate of the Repatriation Commission had determined that the applicant's condition did not meet the requirements of the relevant Statement of Principles, specifically regarding the timing of clinical onset after the identified factor of carrying heavy loads.

The primary legal issue before the court was whether the applicant's lumbar spondylosis was defence-caused, meaning it was related to his eligible service under the *Veterans' Entitlements Act 1986* (Cth). This required the court to consider the evidence presented by the applicant regarding his service duties and the onset of his symptoms, and to assess whether these aligned with the factors and timeframes stipulated in the applicable Statement of Principles for lumbar spondylosis. The court also had to determine the correct date of clinical onset for the condition.

The court reasoned that the applicant's oral evidence, supported by medical documentation, indicated a history of back pain commencing during his submarine service due to the nature of his duties, including lifting heavy boxes in confined spaces. The court found that the applicant's recollection of experiencing back problems for the five years he was in submarines, coupled with subsequent treatment for lower back pain from around 1991, established a connection between his service and the development of his condition. Crucially, the court determined that the clinical onset of lumbar spondylosis could be dated to 14 April 2016, and that the evidence supported the conclusion that the applicant's service involved factors that, on the balance of probabilities, contributed to this condition within the parameters of the Statement of Principles.

Consequently, the court set aside the Repatriation Commission's decision of 5 October 2017 and remitted the matter to the Respondent for reconsideration, with a finding that the applicant's lumbar spondylosis was defence-caused in accordance with the Act.