Turner and Repatriation Commission

[2004] AATA 290

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2004] AATA 290

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2002/722

VETERANS' APPEALS  DIVISION		)
Re		GRAEME TURNER

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Senior Member B J McCabe

Date19 March 2004

PlaceBrisbane

Decision The decision under review is varied in part. 

.........………(Sgd).........................

Senior Member

CATCHWORDS

VETERANS’ AFFAIRS – benefits and entitlements - pension – post-traumatic stress disorder and alcohol abuse or dependence – whether condition aggravated – aggravation caused by inability to obtain appropriate clinical management – whether symptoms associated with PTSD created an inability to obtain appropriate clinical management – whether cultural factors create an inability to obtain appropriate clinical management – whether inability to obtain appropriate clinical management was related to service

Veterans Entitlements Act 1986

Federal Broom Co Pty Limited v Semlitch (1964) 110 CLR 626

Repatriation Commission v Deledio (1998) FCR 82

Brew v Repatriation Commission (1999) 94 FCR 80

McKenna v Repatriation Commission (1999) 86 FCR 144

REASONS FOR DECISION

19 March 2004 Senior Member B J McCabe        

1.      This is an application for review of a decision of the Veterans’ Review Board dated 2 May 2002 which affirmed an earlier decision of the Repatriation Commission dated 5 October 2001, to refuse the applicant’s claim for pension for incapacity from post traumatic stress disorder (PTSD) and alcohol dependence or abuse.

2.      The Tribunal heard the matter on 3 March 2004. The applicant was represented by Mr Honchin.  The respondent was represented by Mr Stoner, a departmental advocate.

3. Before the Tribunal were documents lodged pursuant to s37 of the Administrative Appeals Tribunal Act 1975.  Also submitted as exhibits were:

·     A statement of the applicant dated 27 March 2003;

·     A report of Dr Rogers dated 20 May 2003;

·     A bundle of medical records from the time of the applicant’s service;

·     A report of Dr Mullholland dated 21 October 2003.

Facts before the Tribunal

4.      Mr Turner enlisted in the navy as a young man. He was serving aboard HMAS Melbourne on the night it collided with the USS Frank E Evans. He was on lifebuoy duty that evening: he was responsible for throwing flotation devices to sailors who fell overboard. His description of what happened as the ships collided was vivid and frightening. He said he watched as bodies were fished out of the water. He saw one American sailor in particular trying to escape the wreck of his ship by climbing through the scuttles. The man became trapped and sank before the applicant’s eyes.

5.      This particular aspect of the incident appears to have stayed with the applicant in the form of recurrent dreams that he says became more prevalent after he transferred to serve on patrol boats in 1972. During this period – which roughly coincides with his commencement of eligible defence service – he dreamed of sharks coming through the scuttles of the patrol boat.

6.      Soon after the collision, when the Melbourne docked in Singapore,…