Trigge and Repatriation Commission

[2004] AATA 1114

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 1114

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2003/398

VETERANS' APPEALS  DIVISION		)
Re		MICHAEL TRIGGE

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member McCabe;
Mr Way, Member

Date27 October 2004  

PlaceBrisbane

Decision The Tribunal affirms the decision under review.  

...................[Sgd].....................

Senior Member

CATCHWORDS

VETERANS’ ENTITLEMENTS LAW – pensions and benefits – whether reasonable hypothesis exists connecting PTSD and alcohol abuse with service – whether alternate diagnosis is available – whether reasonable hypothesis exists connecting depressive disorder or anxiety disorder with service – meaning of severe psychosocial stressor – decision affirmed

Veterans’ Entitlements Act 1986

Repatriation Commission v Deledio (1998) 83 FCR 82

Repatriation Commission v Cooke [1998] FCA 1717

Stoddart v Repatriation Commission [2003] FCA 334

Re Stonehouse and Repatriation Commission [2004] AATA 707

White v Repatriation Commission [2004] FCA 633

McKenna v Repatriation Commission [1999] FCA 323

REASONS FOR DECISION

27 October 2004   Senior Member McCabe;
Mr Way, Member  

Introduction

1. This is an application pursuant to s 175(1)(a) of the Veterans’ Entitlements Act 1986 (the Act) for a review of a decision of the Veterans’ Review Board (the VRB) of 31 March 2003.  The VRB decided to amend an earlier decision of the respondent: the applicant’s diagnosis of post traumatic stress disorder (PTSD) was modified to generalised anxiety disorder.  Nevertheless the VRB concluded the condition was not war-caused.

2.      The matter was heard on 3-4 August 2004.  Mr Trigge was represented by Mr Clutterbuck of counsel.  The respondent was represented by Mr Williams, a departmental advocate.

3. Before the Tribunal were the documents compiled pursuant to s 37 Administrative Appeals Tribunal Act 1975.  Also in evidence were the following documents:

• A medical report of Dr Carter dated 10 May 2004;
• A statement of the applicant dated 12 July 2003;
• The applicant’s daily medical records from the time of his service in the Royal Australian Navy (RAN) dated 16, 20 27 July 1970;
• A research report compiled by Writeway Research dated 10 December 2003.  The researcher was Mr Macdonald;
• A brief biography of Mr Macdonald;
• A medical report of Dr Leong dated 30 September 2003;
• A copy of the applicant’s service medical documents;

• Information from Workcover Queensland dated 28 August 2003.

4.      The following people also gave oral evidence:

• Mr Trigge (the applicant);
• Dr Carter;
• Mr Macdonald;
• Mr Blazey;

• Dr Leong.

5.      The applicant says he currently suffers two psychiatric conditions: alcohol abuse or dependence, and either anxiety disorder and depressive disorder or PTSD.  He claims various incidents he experienced while on operational service caused these conditions.  For reasons we explain below, we are not satisfied his claim should succeed.

The Relevant Facts

6.      Mr Trigge rendered eligible service in Vietnam in the Royal Australian Navy from 6 July 1970 to 9 October 1970 on board HMAS Hobart.

7.      The applicant says three incidents caused his PTSD and consequent alcohol abuse.…