Stevens and Repatriation Commission (Veterans' entitlements) [2017] AATA 2419 (4 December 2017)
Division:VETERANS' APPEALS DIVISION
File Number: 2016/2250
Re:Ronald Stevens
APPLICANT
AndRepatriation Commission
RESPONDENT
DECISION
Tribunal:Senior Member T. Tavoularis
Date:4 December 2017
Place:Brisbane
The decision under review is affirmed.
.........................[SGD]...............................
Senior Member T. Tavoularis
VETERANS’ AFFAIRS – Disability Pension – whether aggravation of Post-traumatic Stress Disorder was service related, specifically war-caused – Tribunal satisfied that the Applicant suffers from Post-traumatic stress disorder (‘PTSD’) – whether reasonable hypothesis raised linking aggravation of PTSD to Applicant’s operational service – consideration of template in Statement of Principles - Tribunal not satisfied hypothesis reasonable – satisfied beyond reasonable doubt that aggravation of PTSD was not war-caused – decision under review affirmed.
Legislation
Veterans’ Entitlements Act 1986 (Cth) ss 6, 9, 13, 120, 120A
Cases
Border v Repatriation Commission (No. 2) (2010) 191 FCR 163; [2010] FCA 1430
Re Cooke and Repatriation Commission (1998) 50 ALD 907; [1998] AATA 77
Delahunty v Repatriation Commission (2004) 38 AAR 51; [2004] FCA 309
McKenna and Repatriation Commission [1999] FCA 323
Moran and Repatriation Commission [2004] AATA 294
Parr and Repatriation Commission [2003] AATA 13
Repatriation Commission v Deledio (1998) 83 FCR 82; [1998] FCA 391
Repatriation Commission v Gorton (2001) 110 FCR 321; [2001] FCA 1194
Stoddart v Repatriation Commission (2003) 74 ALD 366; [2003] FCA 334
Trigge and Repatriation Commission [2012] AATA 176
Voelker and Repatriation Commission [2016] AATA 427
Woodward v Repatriation Commission (2003) 131 FCR 473; [2003] FCAFC 160Secondary Materials
Statement of Principles concerning Posttraumatic Stress Disorder (Instrument No. 82 of 2014)
REASONS FOR DECISION
Senior Member T. Tavoularis
4 December 2017
INTRODUCTION
This is an application for review of the decision by the Veterans’ Review Board (“the VRB”) dated 19 February 2016. The VRB’s decision affirmed the Repatriation Commission’s (“the Respondent”) decision dated 15 January 2015, which refused a claim by Mr Ronald Frederick Stevens (“the Applicant”) for his Post-traumatic Stress Disorder (“PTSD”) to be accepted as service-related.
BACKGROUND
The Applicant is currently 66 years old. He served in the Royal Australian Navy from
18 October 1968 until 28 July 1972 (aged 17 to 20 years old).
It has been accepted that the Applicant rendered eligible operational service in Vietnam waters, whilst on board the HMAS Sydney, during the following periods:
(i) from 21 October 1970 to 12 November 1970;
(ii) from 15 February 1971 to 4 March 1971;
(iii) from 26 March 1971 to 8 April 1971; and
(iv) from 13 May 1971 to 1 June 1971.
On those four trips the HMAS Sydney delivered troops, supplies and equipment to Vung Tau harbour within the war zone of the Vietnam conflict.
Prior to those four periods of operational service, the Applicant rendered service on board HMAS Melbourne and witnessed the horrific collision of HMAS Melbourne and USS Frank E Evans on 3 June 1969 (“the Melbourne-Evans collision”). However, this incident was not within the Applicant’s period of eligible (operational) service for…
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- Case
- [2017] AATA 2419
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Tribunal were whether a diagnosis of PTSD was present, whether that PTSD was war-caused by reference to the applicable Statement of Principles, and if so, what the appropriate rate of pension should be. The parties agreed that a diagnosis of PTSD was not in dispute and that the original cause of the PTSD was the Melbourne-Evans collision.
The Tribunal was required to determine if the applicant's PTSD was war-caused, considering the Statement of Principles concerning Posttraumatic Stress Disorder. The applicant contended that while the Melbourne-Evans collision was the origin of his PTSD, his subsequent service on HMAS Sydney in Vietnam had been the major factor in reinforcing this trauma. The Tribunal noted that the diagnosis of PTSD and its original cause were not in dispute, focusing the determination on whether the condition was war-caused in accordance with the relevant legislative framework.
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