Stuart and Repatriation Commission (Veterans' entitlements)

This case concerned a claim for a widow's pension by the applicant, whose veteran husband died from lung cancer. The dispute centred on whether the veteran's death was war-caused, which required determining if his lung cancer was related to his operational service. The matter was heard by Deputy President McDermott.

The court was required to determine whether a reasonable hypothesis existed, supported by the relevant Statement of Principles (SoP), that the veteran's death from lung cancer was related to his operational service. This involved assessing the evidence regarding the veteran's smoking habits, when they commenced, and whether these habits were influenced by his military service, particularly during World War II.

The court applied the four-step process established in *Repatriation Commission v Deledio*. It found that the veteran's service in 1945 constituted operational service. The court considered the conflicting evidence regarding the commencement of the veteran's smoking, noting statements from the applicant and the veteran's step-son. Crucially, the court identified that the step-son's statement, referring to smoke-filled offices during wartime and the veteran's exposure to potential environmental hazards like radon and beryllium, raised a hypothesis consistent with factor 6(b) of the relevant SoP. This factor related to exposure to certain environmental conditions during service.

The court set aside the previous decision and substituted a new decision finding that the veteran's death was war-caused, entitling the applicant to a widow's pension. The decision was to take effect from 20 December 2014.