Sunners and Repatriation Commission
[2001] AATA 800
•20 September 2001
DECISION AND REASONS FOR DECISION [2001] AATA 800
ADMINISTRATIVE APPEALS TRIBUNAL )
) No Q1999/815
VETERANS' APPEALS DIVISION )
Re LORNA SUNNERS
Applicant
And REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Mr. D.W. Muller, Senior Member
Date20 September 2001
PlaceBrisbane
Decision The Tribunal sets aside the decision under review and in substitution determines that: 1. The death of the late veteran Stanley Sunners, who died on 6 July 1973, was war-caused within the meaning of that term in the Veterans' Entitlements Act 1986. 2. Lorna Sunners is entitled to the widow's pension pursuant to the said Act with effect from 11 November 1997.
............(Signed)....................
D.W. MULLER
SENIOR MEMBER
CATCHWORDS
VETERANS' APPEALS – widows' pension – reasonable hypothesis
REASONS FOR DECISION
Mr. D.W. Muller, Senior Member
This is an application to review a decision to refuse war-widows' pension to the applicant.
The facts are not in dispute and the Tribunal finds as follows:
(i)Lorna Sunners, the applicant, is the widow of the late veteran, Stanley Sunners. They met in 1939 and were married on 29 March 1947.
(ii)Stanley Sunners was born in Brisbane on 8 January 1921.
(iii)Stanley Sunners enlisted in the Australian Army on 20 May 1941. He served until the end of 1944. He had operational service from 6 October 1941 to 11 December 1944 in World War II, including service as an infantry rifleman at Milne Bay in New Guinea, at the time of the attempted Japanese invasion. Mr. Sunners arrived at Milne Bay on 2 August 1942.
(iv)Stanley Sunners experienced severe psychological trauma at Milne Bay, from which he never recovered. He also contracted malaria.
(v)In the years immediately following his service, Stanley Sunners continued to suffer from periodic attacks which were originally diagnosed as malaria. He also suffered from "strange attacks" on a regular basis, during which he would become dizzy and disorientated. During these attacks he would have to sit down. He would also start to shake and break out in a sweat. He also suffered from very bad migraine headaches. The attacks continued in a severe form for many years but abated to less regular attacks as the years went on. A blood test performed on 23 January 1946 failed to find any malaria parasites.
(vi)Lorna Sunners noticed that her husband's personality had changed markedly after his war service, compared with what it had been before his service. He had changed from a ""happy go lucky" outgoing person to a person who was quiet, withdrawn, irritable, moody and almost anti-social. He would have nightmares and call out at night.
(vii)Stanley Sunners suffered a heart attack in 1969. He was hospitalised for six weeks.
(viii)Stanley Sunners died on 6 July 1973, at the age of 52 years. The death certificate records the cause of death as:
(a)Myocardial ischaemia
(b)Coronary artery disease
(c)Hypertensive atherosclerosis
It is common ground that a major battle for Milne Bay started in early August and continued through to late September, 1942. It is not necessary here to go into the details of the battle, the privations of the troops or the horrific events to which the soldiers were subjected. It is sufficient for these purposes to say that it was a very savage affair. It is also common ground that Stanley Sunners would have experienced many extremely traumatic stressors during the said battle.
The Tribunal heard evidence from Dr. Thomas Hogan, psychiatrist, who reviewed the section 37 statement. Dr. Hogan also interviewed the applicant and her daughter and he has carried out extensive historical research relating to the battle for Milne Bay. Dr. Hogan has concluded that it is more than likely that Stanley Sunners suffered from a Phobic Anxiety Disorder and from a Panic Disorder, both directly related to his war service.
Lorna Sunners applied for the widows pension on 11 February 1998. Her claim was initially rejected on 27 April 1998 because the facts of her case did not satisfy the Statement of Principles (SOP) then in operation in relation to any hypothesis attempting to link the late veteran's death with his war service.
On 1 December 1998 the Repatriation Medical Authority issued SOP No. 80 of 1998 concerning Ischaemic Heart Disease. This SOP introduced factor 5(O):
"… for myocardial infarction or arrhythmia with ECG evidence of myocardial ischaemia only, suffering from panic disorder or phobic anxiety with panic attack at the time of the clinical onset of ischaemic heart disease;"
The current SOP concerning ischaemic heart disease is SOP No. 38 of 1999. It retains factor 5(O), in similar terms to SOP No. 80 of 1998.
It is common ground that the circumstances of Stanley Sunners' war service and his subsequent history satisfy the relevant SOP relating to Panic Disorder insofar as a reasonable hypothesis exists to link the late veteran's panic disorder with his war service.
Consequently, the Tribunal finds that there is a reasonable hypothesis which connects the late veteran's ischaemic heart disease with his operational service and that the death of the late veteran was war-caused.
The decision under review is set aside and in substitution the Tribunal decides that the applicant, Lorna Sunners, is entitled to the widow's pension pursuant to the Act, with effect from 11 November 1997.
I certify that the 9 preceding paragraphs are a true copy of the reasons for the decision herein of Mr. D.W. Muller, Senior Member
Signed: .....................................................................................
B. Hitchcock, SecretaryDate/s of Hearing 12 April 2001
Date of Decision 20 September 2001
Counsel for the Applicant Mr. D. O'Gorman
Solicitor for the Applicant Gilshenan and Luton
Respondent Mr. B. Williams, departmental advocate
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