Sullivan and Repatriation Commission (Veterans' entitlements)

This matter concerned an application by Mr Sullivan against the Repatriation Commission regarding a claim for a defence-related injury or disease. The dispute centred on whether Mr Sullivan's L4/L5 spondylolisthesis was clinically connected to his eligible defence service, as determined by the Tribunal.

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.