Taylor and Repatriation Commission

[2008] AATA 318

Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2008] AATA 318

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No 2007/3546

VETERANS' APPEALS DIVISION		)
Re		PETER JOHN TAYLOR

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr J G Short (Member)

Date18 April 2008

PlaceAdelaide

Decision The decision of the Repatriation Commission dated 27 September 2006, as affirmed by the Veterans’ Review Board on 10 July 2007, is affirmed.

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J G SHORT
  (Member)  

CATCHWORDS

VETERANS’ AFFAIRS – veterans’ entitlements – operational service – claim that generalised anxiety disorder was war-caused – consideration of Statements of Principles Instrument No 1 of 2000 and Instrument No 101 of 2007 –  assertion that veteran’s war-caused experience of tinnitus caused his anxiety disorder – decision under review affirmed

Veterans’ Entitlements Act 1986 ss 6, 13, 9, 120(1), 120(3), 196(2)

Repatriation Commission v Deledio (1998) 83 FCR 82
Bull v Repatriation Commission (2001) 66 ALD 27
Hardman v Repatriation Commission (2004) 82 ALD 433
Elliott v Repatriation Commission (2002) 73 ALD 377
East v Repatriation Commission (1987) 16 FCR 517
Repatriation Commission v Bey (1997) 79 FCR 364
Lees v Repatriation Commission (2002) 125 FCR 331
Re Robertson and Repatriation Commission (1998) 50 ALD 668
RepatriationCommission v Cornelius[2002] FCA 750
Woodward v Repatriation Commission (2003) 75 ALD 420

Statement of Principles Instrument No 1 of 2000
Statement of Principles Instrument No 101 of 2007

REASONS FOR DECISION

18 April 2008     Mr J G Short (Member)  

1.      Mr Peter Taylor served in the Australian Army from 1 July 1965 until 30 June 1967.  He continued to serve with the Army Reserve until 30 June 1970.  Mr Taylor’s period of operational service was from 17 June 1966 until 14 September 1966, serving in Malaysia/Singapore/Borneo.

2.      Mr Taylor served as a field engineer.  He asserted that exposure to the sound of explosions had caused hearing loss and tinnitus and that his tinnitus had, in turn, caused his anxiety disorder.

3.      On 17 August 2000 the respondent (the Commission) accepted anxiety disorder and “hearing difficulties” as war-caused.  In October 2005 the Commission realised that tinnitus had not been formally accepted.  At that time the Commission also considered whether Mr Taylor’s anxiety disorder was relevantly related to service.  By decision dated 27 September 2006, the Commission determined that Mr Taylor’s anxiety disorder was not relevantly related to service.  That decision was affirmed by the Veterans’ Review Board (the VRB) on 10 July 2007.

4.      It was contended before the VRB that Mr Taylor’s anxiety disorder could be related to his service either through the experience of severe psychosocial stressors during his service, which in this case involved the use of explosives and on narrowly avoiding serious injury while Mr Taylor performed his duties.  It was also contended that Mr Taylor’s anxiety experience could have been caused by his tinnitus.  The suggestion was that Mr Taylor’s tinnitus could be considered a major illness or injury experienced within two years immediately before the clinical onset of anxiety disorder.

5.…