Administrative
Appeals
Tribunal
DECISION AND REASONS FOR DECISION [2005] AATA 1115
ADMINISTRATIVE APPEALS TRIBUNAL )
) No N2003/1531
VETERANS’ APPEALS DIVISION ) Re ALAN JAMES VEACOCK Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Ms R Hunt, Senior Member
Rear Admiral A R Horton, MemberDate11 November 2005
PlaceSydney
Decision The Tribunal affirms the decision under review. ..............................................
Ms R Hunt
Presiding Member
CATCHWORDS
VETERANS' AFFAIRS - Veterans' entitlements - Disability pension - Applicant served in Royal Australian Navy - Rendered "operational service" - Suffering from Generalised Anxiety Disorder (GAD) - GAD not "war-caused" - No reasonable hypothesis connecting applicant's GAD with circumstances of his "operational service" –Decision under review affirmed
LEGISLATION
Veterans' Entitlements Act 1986 ss 120(1), 120(3), 120(4), 120A(3)
Statement of Principles concerning Generalised Anxiety Disorder (Instrument No 1 of 2000)
Statement of Principles concerning Generalised Anxiety Disorder (Instrument No 2 of 2000)
CASES
Deledio v Repatriation Commission (1997) 47 ALD 261
Repatriation Commission v Deledio (1998) 83 FCR 82
Arnott v Repatriation Commission (2001) 106 FCR 83
Stoddart v Repatriation Commission (2003) 197 ALR 283
White v Repatriation Commission (2004) 39 AAR 67
REASONS FOR DECISION
11 November 2005 Ms R Hunt, Senior Member
Rear Admiral A R Horton, Memberintroduction
1. Mr Alan Veacock applied for a disability pension on 26 September 2002. The Commission accepted his claim for pension in respect to sensorineural hearing loss, tinnitus and gastro-oesophageal reflux disease but found that his anxiety disorder was not war-caused. He has sought review by the tribunal of this decision which rejected his claim that his anxiety disorder was war-caused. If this were a war-caused condition, his rating according to the Guide to the Assessment of Rates of Veterans’ Pensions (GARP) would need to be adjusted. However, the tribunal has decided that the decision under review should be affirmed. This means that Mr Veacock has not been successful.
issues and legislative provisions governing
2. The main issue before the Tribunal is whether Mr Veacock suffers from a war-caused anxiety disorder.
3. Section 120 of the Veterans’ Entitlements Act 1986 (the Act) sets out the required standard of proof. Subsection 120(1) makes it clear that where a claim for a pension in respect of incapacity from an injury or disease relates to operational service, the tribunal shall determine that the injury or disease was war-caused, unless it is satisfied beyond reasonable doubt that there are no sufficient grounds for making that determination.
4. Subsection 120(3) then goes on to explain that, in applying subsection (1) of section 120 in respect of the incapacity of a person from injury or disease, the tribunal is to be satisfied beyond reasonable doubt that there is no sufficient ground for determining that the injury or disease was war-caused. After consideration of the whole of the material before it, if the tribunal is of the view that the material does not raise a reasonable hypothesis connecting the injury with the circumstances of the veteran’s service, then the veteran cannot succeed in…
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- Veacock and Repatriation Commission [2005] AATA 1115
- Case
- [2005] AATA 1115
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether there was a reasonable hypothesis connecting the applicant's GAD with his operational service. The Tribunal had to assess the evidence presented, including medical reports and the applicant's testimony, to determine if the disorder was a consequence of his service. The focus was on whether the GAD was caused by a specific incident or the general conditions of service, as defined under veterans' entitlement laws.
The Tribunal found no reasonable hypothesis linking the applicant's GAD to his service. The evidence did not establish that the disorder was caused by a specific incident during his operational service or the general conditions of his service. The Tribunal concluded that the Commission's decision was reasonable and well-supported by the evidence. Therefore, the Tribunal affirmed the Commission's decision, denying the applicant's claim for a disability pension.
Orders
Orders of the court
The Tribunal affirms the decision under review.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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