Sullivan and Repatriation Commission (Veterans' entitlements) [2023] AATA 3044 (26 September 2023)
Division:VETERANS' APPEALS DIVISION
File Number(s):2021/5746
Re:George Sullivan
APPLICANT
Repatriation CommissionAnd
RESPONDENT
DECISION
Tribunal:Member McLean Williams
Date:26 September 2023
Place:Brisbane
The reviewable decision dated 5 May 2021 is affirmed.
................[SGD]..................
Member McLean Williams
CATCHWORDS
VETERANS’ AFFAIRS – Defence-related claims – whether the Applicant suffered an injury or disease – clinical onset – Statement of Principles – decision under review affirmed.
LEGISLATION
Administrative Appeals Tribunal Act 1975 (Cth)
Military Rehabilitation and Compensation Act 2004 (Cth)
Veterans’ Entitlements Act 1986 (Cth)
CASES
Benjamin v Repatriation Commission (2001) 64 ALD 411
Boys v Repatriation Commission [2022] FCA 257
Repatriation Commission v Cooke (1998) 90 FCR 307
Repatriation Commission v Gorton [2001] FCA 1194
Repatriation Commission v Smith (1987) 15 FCR 327REASONS FOR DECISION
Member McLean Williams
26 September 2023
Background and relevant chronology
This is an Application for Review of a decision made by the Veteran’s Review Board (‘the VRB’) dated 5 May 2021. By that decision, the VRB affirmed a decision of the Repatriation Commission (‘the Respondent’) dated 26 October 2020 to reject
Mr Sullivan’s claims for Lumbar Spondylosis and L4/L5 Spondylolisthesis under the Veterans’ Entitlements Act1986 (Cth) (‘the VEA’).
Mr Sullivan served as a soldier in the infantry from 2 September 1970 until
1 September 1973. Mr Sullivan also performed ‘eligible defence service’ for the purposes of the VEA from 7 December 1972 until 1 September 1973.
The issue for consideration in this application for review is whether Mr Sullivan is entitled to compensation under the VEA for lumbar spondylosis, and/or for L4/L5 spondylolisthesis. This requires the Tribunal to consider whether each of
Mr Sullivan’s claimed conditions were caused by his period of eligible defence service. In addition, there must also be a Statement of Principles (‘SOP’) that upholds the contention that the claimed condition is, on the balance of probabilities, ‘caused by’ Mr Sullivan’s eligible defence service.
Mr Sullivan already has a number of other, previously accepted conditions under the VEA, each referrable to his eligible defence service. The accepted conditions are:
(a)striae Atrophicae (2 April 1998);
(b)haemorrhoids (2 April 1998);
(c)cervical spondylosis (8 May 2002);
(d)osteoarthritis of the right knee (8 May 2002);
(e)sensorineural hearing loss (6 April 2011); and
(f)tinnitus (6 April 2011).
On 23 March 2020 Mr Sullivan lodged a further claim for lumbar radiculopathy (T4). In that application, Mr Sullivan stated that ‘the full weight of my [Army] backpack cantilevered at my L4 – L5 spine joint and began this degeneration.’
On 26 October 2020 (T14), the Respondent rejected Mr Sullivan’s claim in respect of both lumbar spondylosis and L4/L5 spondylolisthesis, and also for a L4/L5 facet joint cyst (‘the determination’).[1]
[1] On 21 April 2021, Mr Sullivan withdrew his application to the VR regarding his L4/L5 facet joint cyst (T18).
On 14 November 2020 Mr Sullivan requested a…
Keep reading for free
Create a free CaseChat account to read Sullivan and Repatriation Commission (Veterans' entitlements... and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2023] AATA 3044
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Tribunal was to ascertain the date of clinical onset of Mr Sullivan's spondylolisthesis and, consequently, whether this condition could be established as connected to his defence service on the balance of probabilities, by reference to the relevant Statement of Principles (SOP).
The Tribunal, accepting the further evidence provided in Dr Journeaux's report dated 28 June 2022, determined that the clinical onset date for Mr Sullivan's L4/L5 spondylolisthesis was 20 March 2007. Applying SOP No. 25 of 2017, the Tribunal found that none of the causative factors listed in clause 9 of that SOP were applicable to Mr Sullivan's circumstances. Therefore, it was concluded that the spondylolisthesis was not connected to his eligible defence service. The decision under review was affirmed.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.