Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2003] AATA 805
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2001/485
VETERANS’ APPEALS DIVISION ) Re Allen Michael Taylor Applicant
And
Repatriation Commission
Respondent
DECISION
Tribunal Ms S M Bullock, Senior Member
Dr M E C Thorpe, MemberDate15 August 2003
PlaceSydney
Decision Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975, the decision under review is set aside and in substitution therefor, the Tribunal decides that:
(i) Mr Taylor suffers from the war-caused conditions of generalised anxiety disorder and alcohol abuse with effect from and including 2 November 1998; and
(ii) The assessment of the correct rate of Disability Pension is remitted to the Repatriation Commission.
...............................................
Ms SM Bullock
Presiding Member
CATCHWORDS
Veterans’ Affairs - Entitlement - Diagnosis of Psychiatric Condition - Post Traumatic Stress Disorder - Generalised Anxiety Disorder - Personality Disorder - Alcohol Dependence or Abuse - Operational Service - Reasonable Hypothesis
LEGISLATION
Veterans’ Entitlements Act 1986 ss 5D, 9,13, 119,120, 120A.
AUTHORITIES
Benjamin v Repatriation Commission (2001) 70 ALD 622
Re Budworth and Repatriation Commission [2000] AATA 127
Re Binding and Repatriation Commission [1998] AATA 340
Repatriation Commission v Binding [1999] FCA 974
Repatriation Commission v Budworth (2001) 116 FCR 200
Budworth v Repatriation Commission (2001) 63 ALD 422
Jones v Dunkel (1959) 101 CLR 298
Bushell v Repatriation Commission (1992) 175 CLR 408
Repatriation Commission v Deledio (1998) 83 FCR 82
Repatriation Commission v Hill (2002) 69 ALD 581
Freeman v Repatriation Commission [2002] FCA 576
Re Powell and Repatriation Commission [2000] AATA 385
Repatriation Commission v Gorton (2001) 110 FCR 321
Fogarty v Repatriation Commission (2002) 36 AAR 307
O'Neil v Repatriation Commission (2001) 34 AAR 290
Lees v Repatriation Commission (2002) 36 AAR 484
Repatriation Commission v Cornelius [2002] FCA 750
Repatriation Commission v Gosewinckel (1999) 59 ALD 690
Connors v Repatriation Commission (2000) 59 ALD 61
Byrnes v Repatriation Commission (1993) 177 CLR 564
Repatriation Commission v Bey (1997) 79 FCR 364
Bull v Repatriation Commission (2001) 66 ALD 271
Repatriation Commission v O’Brien (1985) 155 CLR 422
Re Dell and Repatriation Commission (1986) 9 ALD 596
East v Repatriation Commission (1987) 16 FCR 517
Woodward v Repatriation Commission [2003] FCAFC 160
Fogarty v Repatriation Commission [2003] FCAFC 136
Stoddart v Repatriation Commission (2003) 197 ALR 283, [2003] FCA 334
REASONS FOR DECISION
15 August 2003 Ms S M Bullock, Senior Member
Dr M E C Thorpe, Member1. This is an application to the Administrative Appeals Tribunal (“the Tribunal”) of a decision of the Veterans’ Review Board made on 28 February 2001 (T16) which affirmed a decision of the Repatriation Commission dated 8 June 1999 (T2) which refused a claim by the Applicant, Mr Allen Michael Taylor, for post traumatic stress disorder and alcohol dependence or alcohol abuse. A hearing was held in Sydney on 5 November 2002 and resumed in Sydney on 24 February 2003. Final written submissions were received on 19 March 2003. Mr Taylor was…
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- Case
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- Decision Date
CaseChat Overview and Summary
The primary legal issues the AAT was required to address involved the causation of Mr Taylor's psychiatric conditions and whether these conditions were attributable to his operational service. The AAT had to consider the medical evidence presented and determine if the Repatriation Commission's findings were supported by a reasonable hypothesis based on the evidence. The AAT was also tasked with assessing whether the psychiatric conditions were caused by or contributed to by Mr Taylor's service, and whether there was a causal link between the psychiatric conditions and the alcohol abuse.
The AAT found that the Repatriation Commission had erred in its assessment by not properly considering the evidence regarding Mr Taylor's psychiatric conditions and their relation to his service. The Tribunal concluded that there was a reasonable hypothesis that Mr Taylor's generalised anxiety disorder and alcohol abuse were war-caused, beginning on 2 November 1998. The AAT held that the Repatriation Commission had failed to adequately consider the evidence provided by Mr Taylor's medical experts and that the decision to deny the disability pension was therefore flawed. The AAT set aside the original decision and ordered that the matter be remitted to the Repatriation Commission for reassessment of the correct rate of Disability Pension.
The AAT's final orders were that the decision under review be set aside and, in substitution, Mr Taylor was to be recognised as suffering from generalised anxiety disorder and alcohol abuse with effect from and including 2 November 1998. The assessment of the correct rate of Disability Pension was to be remitted to the Repatriation Commission for further consideration.
Orders
Orders of the court
Pursuant to section 43 of the Administrative Appeals Tribunal Act 1975, the decision under review is set aside and in substitution therefor, the Tribunal decides that:
(i) Mr Taylor suffers from the war-caused conditions of generalised anxiety disorder and alcohol abuse with effect from and including 2 November 1998; and
(ii) The assessment of the correct rate of Disability Pension is remitted to the Repatriation Commission.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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