Thurlow and Repatriation Commission (Veterans' entitlements)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Thurlow for an extreme disablement adjustment under the *Veterans' Entitlements Act 1986* (Cth). Mr Thurlow was already in receipt of a general rate pension at 100%. The Repatriation Commission opposed the application.

The primary legal issue before the Tribunal was whether Mr Thurlow's psychiatric conditions warranted a lifestyle rating of six for the purposes of an extreme disablement adjustment. This involved determining if his conditions were such that they prevented him from undertaking any form of gainful employment, even part-time, and significantly impacted his capacity to undertake social and recreational activities.

Deputy President Rayment Oam Qc P found that the previous decision of the Commission was not supported by adequate evidence regarding Mr Thurlow's functional capacity and the impact of his psychiatric conditions on his lifestyle. The Tribunal concluded that the evidence did not sufficiently establish that Mr Thurlow's conditions prevented him from undertaking any form of gainful employment or significantly impacted his social and recreational activities to the extent required for a lifestyle rating of six.

Consequently, the Tribunal set aside the decision under review and remitted the matter to the Repatriation Commission for reconsideration and redetermination, with directions to obtain further evidence and assess Mr Thurlow's functional capacity and lifestyle impact more comprehensively.