Stafford and Repatriation Commission (Veterans’ entitlements)

This matter concerned an application by a veteran seeking an increase in his disability pension beyond the general rate. The veteran contended that his war-caused conditions alone rendered him incapable of working more than eight hours per week. The Repatriation Commission opposed this claim. The decision was made by Ms N Isenberg, Senior Member.

The primary legal issue before the Tribunal was whether the veteran's incapacity from his accepted war-caused conditions, viewed in isolation, was sufficient to prevent him from undertaking remunerative work for more than eight hours per week, as required by section 24(1)(b) of the *Veterans’ Entitlements Act 1986* (Cth). This required an assessment of the veteran's professional skills, qualifications, and experience, and the kinds of remunerative work he might reasonably undertake, considering his physical and mental capacity.

The Tribunal considered medical evidence from the veteran's treating psychiatrist, Dr Koller, who opined that the veteran was "unemployable" due to a combination of psychological and physical problems, describing the veteran as "kaput." However, the Tribunal also noted evidence from the veteran's GP, Dr Shah, who stated that the veteran's varicose veins were resolved and did not contribute to his inability to work, identifying "deep anxiety and stress" as the main reason for his inability to work. The Tribunal applied the principle that the assessment of remunerative work capacity must consider the veteran's skills, qualifications, and experience broadly, not limited to past employment, and that the incapacity must arise from war-caused conditions alone.

Having determined that the veteran's war-caused conditions, viewed in isolation, did not meet the threshold for incapacity to work more than eight hours per week, the Tribunal affirmed the decision under review. It was therefore unnecessary to consider further criteria for an increased pension.