The Estate of Esther Whitby and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by the Estate of Esther Whitby (the Applicant) against a decision of the Repatriation Commission (the Respondent) regarding veterans' entitlements. The dispute centred on whether the death of the Veteran, Eric Carl Whitby, from carcinoma of the colon was war-caused. The case was heard by George SM in the Administrative Appeals Tribunal.

The legal issues before the Tribunal were to determine whether a reasonable hypothesis had been raised connecting the Veteran's death from carcinoma of the colon with his war service, and if so, whether that hypothesis was consistent with the relevant Statement of Principles (SoP) under the *Veterans' Entitlements Act 1986* (Cth). Specifically, the Tribunal had to consider whether the Veteran's alcohol consumption, which was alleged to have commenced or increased significantly after his World War II service, met the criteria outlined in the SoP for malignant neoplasm of the colon and rectum.

The Tribunal applied the "Deledio steps" for assessing war-caused conditions. It found that the evidence, including a statement from the Veteran's younger sister indicating he did not drink alcohol before his World War II service but did so upon his return, raised a hypothesis that his death from carcinoma of the colon was war-caused. The relevant SoP, Statement of Principles concerning malignant neoplasm of the colon and rectum (Reasonable Hypothesis) No. 19 of 2022, was identified. The Tribunal noted that section 9(11) of this SoP requires the consumption of at least 250 kilograms of alcohol before the clinical onset of the condition. The Tribunal considered the Applicant's contention that the hypothesis was reasonable, while the Respondent argued that the material did not raise a reasonable hypothesis connecting the death to war service.

The Tribunal concluded that the evidence raised a reasonable hypothesis that the Veteran's death was war-caused. The decision under review was set aside.