Stewart and Repatriation Commission

[2003] AATA 1174

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 1174

ADMINISTRATIVE APPEALS TRIBUNAL      )

)    No Q2001/1117, Q2003/233

VETERANS' APPEALS DIVISION		)
Re		PETER STEWART

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr I R Way, Member

Date21 November 2003   

PlaceBrisbane

Decision

(a) The Tribunal affirms the decision of the Repatriation Commission that Peter James Stewart’s asthma, chronic bronchitis and cervical spondylosis are not defence-caused within the meaning of section 70 of the Veterans’ Entitlements Act 1986.

(b) The Tribunal sets aside the decision under review in respect of PTSD and depressive disorder and in substitution therefor determines that Peter James Stewart suffers from anxiety disorder and depressive disorder and that neither one of these disorders is defence-caused within the meaning of section 70 of the Veterans’ Entitlements Act 1986.

....................(Sgd).....................

IR Way
  Member

CATCHWORDS

VETERANS’ AFFAIRS – benefits and entitlements – pension – whether the veteran’s conditions were caused by his defence service - cervical spondylosis - chronic bronchitis - PTSD

Veterans’ Entitlements Act 1986 (Cth) ss 70, 120B

Repatriation v Smith (1987) 7 AAR 17

Langley v Repatriation Commission (1993) 17 AAR 498
Briginshaw v Briginshaw (1938) 60 CLR 336
Holthouse v Repatriation Commission (1982) 1 RPD 287
Roncevich v Repatriation Commission (2001) 66 ALD 105

REASONS FOR DECISION

21 November 2003  Mr I R Way, Member         

1.      This is an application by Peter James Stewart for review of two decisions of the Repatriation Commission, namely:

·     First Decision (Q01/1117)

(i)On 10 March 2000, the Repatriation Commission decided, inter alia, that cervical spondylosis and asthma are not defence-caused within the meaning of section 70 of the Veterans’ Entitlements Act 1986 (“the Act”);

(ii)On 14 August 2000, the Commission decided that chronic bronchitis and emphysema (“CBE”) is not related to service;

(iii)On 10 October 2001, the Veterans’ Review Board (“VRB”) affirmed both decisions.

·     Second Decision (Q03/233)

(i)On 13 March 2001, the Commission, relevantly, determined that depressive disorder is not related to service;

(ii)On 18 December 2002, the VRB, relevantly,

·     varied the decision by amending the diagnosis of depressive disorder to post traumatic stress disorder (“PTSD”); and

·     affirmed the decision under review as varied in respect of PTSD.

2. The Tribunal had before it the documents lodged pursuant to section 37 of the Administrative Appeals Tribunal Act 1975 as follows:

·     Matter Q2001/1117 – T1-T6

·     Matter Q2003/233 – T1-T6

Other documentary evidence before the Tribunal was as follows:

Exhibit A1     Applicant’s statement dated 4 April 2002

Exhibit A2     Applicant’s supplementary statement (undated)

Exhibit A3     Applicant’s statement re questionnaires dated 16 May 2003

Exhibit A4     Applicant’s letter with attachments dated 22 April 2003

Exhibit R1Dr Mulholland psychiatric medico-legal report dated 26 June 2003

Exhibit R2Port Macquarie Base Hospital report dated 6 July 1999 (1^st page handwritten)

Exhibit R3Letter by Dr Nolan of Port Macquarie Medical Imaging dated 28 June 1999

Exhibit R4Veteran’s Claim for Disability Pension and Medical Treatment dated 29 March 1988

Exhibit R5VRB – Transcript of proceedings dated 10…