Thompson and Repatriation Commission (Veterans’ entitlements)

This matter concerned an appeal by Tracy Thompson against a decision of the Repatriation Commission, affirmed by the Veterans’ Review Board, which refused her claim that bilateral rotator cuff syndrome was related to her eligible defence service in the Royal Australian Air Force. The Applicant served from May 1984 to June 2008.

The primary legal issue before the Tribunal was to determine, to its reasonable satisfaction on the balance of probabilities, whether the Applicant's rotator cuff syndrome was caused by her defence service, in accordance with the relevant Statement of Principles (SoP) issued by the Repatriation Medical Authority. Specifically, the Tribunal had to consider whether the Applicant met the criteria outlined in factors 6(a) or 6(b) of SoP No 101 of 2014, which relate to prior injury to the affected shoulder or performing repetitive or forceful activities with the affected shoulder within specified timeframes before the clinical onset of the condition.

The Tribunal reasoned that the Applicant's service as a fitness instructor involved repetitive and sustained activities of the shoulders, including abduction and flexion, and that these activities were consistent with the requirements of factor 6(b) of the SoP. While acknowledging that the Applicant's physical activities may have been modified at times due to pain, the Tribunal found that the physiotherapy regime undertaken by the Applicant often involved similar repetitive exercises. Expert medical opinion supported the view that the Applicant's shoulder problems were likely related to her service as a fitness instructor.

The Tribunal concluded that the Applicant had established, to its reasonable satisfaction, that her bilateral rotator cuff syndrome was caused by her defence service. Accordingly, the decision under review was set aside and substituted with a decision in favour of the Applicant.