Thomas and Repatriation Commission

[2003] AATA 65

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 65

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No N2001/396

VETERANS' APPEALS  DIVISION		)
Re		HILDA THOMAS

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Dr J D Campbell, Member

Date23 January 2003

PlaceSydney

Decision The Tribunal determines that the decision under review be affirmed.

[SGD] Dr J D Campbell   Member

CATCHWORDS

VETERANS' ENTITLEMENTS - war widow pension - war caused death - B-cell non-Hodgkin's lymphoma of duodenum - issue of Helicobacter pylori infection - concurrent evidence

Veterans' Entitlements Act 1986 – ss 9, 120, 120A

Statement of Principles Instrument No. 80 of 1999 concerning Non-Hodgkin’s Lymphoma

REASONS FOR DECISION

23 January 2003   Dr J D Campbell, Member

1.      In this matter, Mrs Hilda Thomas ("the Applicant") seeks a review of the decision of the Repatriation Commission ("the Respondent") dated 15 March 2000 that determined, that the death of her husband, the late veteran Mr James Thomas was not war caused, in that the evidence did not raise a reasonable hypothesis connecting the death of the late veteran with his operational service. This decision was reviewed by the Veterans' Review Board  ("VRB") and affirmed in a decision dated 22 February 2001.

2.      A hearing was held before the Tribunal in Sydney on 28 August 2002 at which the Applicant was represented by Mr Vincent of Counsel. The Respondent was represented by Mr Modder, an advocate, from the Department of Veterans' Affairs. The Applicant and Professor Zwi presented oral evidence on this day. The matter was held over until 13 November 2002 at which concurrent evidence was taken from Dr Garvey and Professor Zwi, together with closing submissions.

3.      The following documents were placed into evidence before the Tribunal:

Exhibit	Description	Date
T1-T19 p1-p59	Documents prepared pursuant to section 37 of the Administrative Appeals Tribunal Act 1975
A1	Applicant's Statement of Facts & Contentions	20 November 2001
A2	Statement of Mrs Hilda Thomas	28 February 2002
A3	Statement of Mr John Little	20 February 2002
A4	Medical Report of Professor J Shepherd	8 November 2001
A5	Medical Report of Dr J Garvey	9 July 2002
A6	Medical Report of Dr J Garvey	11 November 2002
A7	Five Articles provided by Dr J Garvey	13 November 2002
R1	Respondent's Statement of Facts & Contentions	14 August 2002
R2	Clinical Notes of Dr Wong
R3	Clinical Notes Bankstown Lidcombe Hospital
R4	Medical Report of Dr Hall	12 November 2001
R5	Medical Report of Dr Hall	3 January 2002
R6	Medical Report of Professor Zwi	23 June 2002
R7	Clinical Notes Concord Hospital

issue

4.      The relevant issue in this matter is whether the late veteran's death from non-Hodgkin's lymphoma was war-caused.

legislation

5.      The relevant legislation in this matter is the Veterans' Entitlements Act1986 ("the Act") and in particular sections 9, 120, 120A and Statement of Principles Instrument No.80 of 1999 concerning non-Hodgkin's lymphoma.

background

6.      The Applicant lodged a claim (T11) for a widow's pension on 13 March 2000 in which she…