Sly and Repatriation Commission

[2004] AATA 958

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 958

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/767

VETERANS' APPEALS  DIVISION		)
Re		ROBERT SLY

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member McCabe

Date15 September 2004

PlaceBrisbane

Decision The Tribunal affirms the decision under review.  

.................Sgd...................

Senior Member

CATCHWORDS

VETERANS’ ENTITLEMENTS – pensions and benefits – applicant claims PTSD is war-caused – whether PTSD Statement of Principles is satisfied – whether alcohol dependence or alcohol abuse Statement of Principles is satisfied – whether anxiety disorder Statement of Principles is satisfied – decision affirmed

Veterans’ Entitlements Act 1986

Repatriation Commission v Deledio (1998) 83 FCR 82

Stoddart v Repatriation Commission (2003) 197 ALR 283

Benjamin v Repatriation Commission [2001] FCA 1879

Re Benjamin and Repatriation Commission [2004] AATA 738

Re Stonehouse and Repatriation Commission [2004] AATA 707

White v Repatriation Commission [2004] FCA 633

REASONS FOR DECISION

15 September 2004 Senior Member McCabe    

Introduction

1. This is an application for review of a decision of the Veterans’ Review Board (the VRB) of 22 July 2003. The VRB decided to vary an earlier decision of the Repatriation Commission, determining the applicant suffered post traumatic stress disorder (PTSD) instead of generalised anxiety disorder (GAD). The VRB then decided PTSD was not “war-caused” within the meaning of s 9 Veterans’ Entitlements Act 1986, and otherwise affirmed the decision.

2. The matter was heard on 24 May 2004. The applicant was represented by Mr Richards. The respondent was represented by Mr McAninly, a departmental advocate. The Tribunal had before it the documents compiled pursuant to s 37 Administrative Appeals Tribunal Act 1975 (the T-documents).  Also in evidence were:

·Reports of Dr Freed dated 10 July 2002; 27 January 2003; 10 April 2003; and 23 March 2004;

·The employment history (including naval history) of the applicant;

·Two daily medical records of the applicant dated 25 February 1963 and 29 December 1963;

·Three sets of employment information supplied by Castlemaine Perkins Pty Ltd (the applicant’s former employer);

·Australian Taxation Office returns of the applicant dated 5 December 2003;

·An historical research report compiled by Writeway Research Service dated 10 January 2004;

·Three supplementary research reports of Writeway Research Service dated 12 March 2004, 12 March 2004, 18 April 2004;

·Information from Workcover Queensland dated 18 February 2004 concerning the applicant’s past claims;

·A statement of the applicant dated 15 November 2000;

·Statutory declarations of the applicant dated 15 December 2003, 13 January 2003 and 14 April 2002;

·Three statements of Kevin Bevridge dated 12 December 2003; 15 December 2003; 17 December 2003;

·A further three reports of Dr Freed dated 22 April 2001; 9 October 2001; 5 April 2002;

·A photograph taken by the applicant of one of the alleged incidents;

·A statement of Dr Dickman dated 20 January 2003.

3.      Mr Sly had operational service in the Royal Australian Navy from 25 May 1966 to 11 June 1966 and from 14 September 1970 to 8 April 1971 (aboard the HMAS Perth