Thiselton and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by the veteran, Mr Thiselton, against a decision of the Veterans’ Review Board that denied his claim for a pension for hypertension and ischaemic heart disease, and adjustment disorder, on the basis that these conditions were not defence-caused. The appeal was heard by Deputy President Sosso P.

The primary legal issues before the Tribunal were whether the veteran's hypertension and ischaemic heart disease were defence-caused, and whether he suffered from an adjustment disorder. Specifically, for hypertension, the Tribunal had to determine if the veteran consumed an average of at least 500g of alcohol per week for the six months preceding the clinical onset of his hypertension, and if his alcohol consumption was a contributing factor to his condition. The Tribunal also considered the definition of a "Category 2 stressor" in relation to the claimed adjustment disorder.

The Tribunal found that the veteran did suffer from hypertension and ischaemic heart disease, and that these conditions were defence-served related. While the Respondent argued that the veteran's alcohol consumption did not meet the threshold of 500g per week, the Tribunal was persuaded by the evidence of the veteran and his wife, Mrs Thiselton, who testified to his significant alcohol consumption at the Canungra Hotel. This evidence indicated that the veteran regularly consumed substantially more than the minimum required amount of alcohol in the period leading up to his hypertension diagnosis. The Tribunal also noted that the clinical onset of hypertension was undisputed and diagnosed by a medical practitioner. However, the Tribunal found that the veteran did not suffer from an adjustment disorder, and therefore the requirements of Instrument No. 24 of 2016 were not met in relation to that condition.

The Tribunal set aside the decision of the Veterans’ Review Board denying liability for a pension for the veteran’s claimed conditions of hypertension and ischaemic heart disease. It substituted a decision that the veteran suffered from defence-served related hypertension and ischaemic heart disease, and remitted these matters to the Respondent for all necessary action. The Tribunal affirmed the decision of the Veterans’ Review Board denying liability for a pension for the claimed condition of adjustment disorder.