THSV and Military Rehabilitation and Compensation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal considered the case of THSV and the Military Rehabilitation and Compensation Commission concerning veterans' entitlements. The dispute centred on the applicant's claim for permanent impairment compensation related to gastro-oesophageal reflux disease (GORD), specifically the determination of the date of clinical onset and whether the applicant was treated with a smooth muscle relaxant drug at that time, as required by Statement of Principles (SoP) No 66 of 2013.

The Tribunal was required to determine the correct date of clinical onset for the applicant's GORD, a critical factor for applying the provisions of SoP 66 of 2013, particularly clause 6(f) which references treatment at the time of clinical onset. Additionally, the Tribunal needed to ascertain whether the applicant was receiving treatment with a smooth muscle relaxant drug as defined within the relevant SoP, a condition precedent for establishing certain factors under the SoP.

The Tribunal reasoned that the date of clinical onset should be determined by reference to the principles established in *Kaluza v Repatriation Commission* [2011] FCAFC 97. This approach involves considering either the first manifestation of symptoms or the date of a formal diagnosis upon investigation. In this instance, the Tribunal found no evidence of the applicant disclosing GORD symptoms prior to her attendance upon Dr Pham. Therefore, the clinical onset was determined to be the date of that attendance and subsequent diagnosis, 7 November 2016, aligning with the second limb of the *Kaluza* test. The Tribunal also examined the applicant's medication history, noting the absence of any smooth muscle relaxant drugs from her prescribed treatments during the relevant period.