Visinko and Repatriation Commission (Veterans' entitlements)

This matter concerned an appeal by Mr Visinko against a decision of the Veterans’ Review Board which had determined that he did not suffer from generalised anxiety disorder, nor was there a causal connection between any such disorder and his operational war service. The Administrative Appeals Tribunal was required to determine whether Mr Visinko suffered from generalised anxiety disorder and, if so, whether that condition was caused by his service in Vietnam.

The Tribunal considered extensive medical evidence, including reports from treating psychiatrists and psychologists, as well as consultant psychiatrists engaged by the Department of Veterans’ Affairs. Key to the Tribunal’s assessment was the evidence of Dr Pusic, Mr Visinko’s treating psychiatrist since 2010, who diagnosed generalised anxiety disorder with an onset during Mr Visinko’s Vietnam service and identified specific stressors experienced during that deployment. The Tribunal also considered reports from Dr Cleary, Dr Edwards, and Ms Dayman, while placing limited weight on Dr Chaturvedi’s report due to its lack of reference to war service. Dr Smith’s evidence, which attributed Mr Visinko’s symptoms to excessive alcohol consumption rather than military service, was also considered.

The Tribunal found that Mr Visinko did suffer from generalised anxiety disorder, with the onset dating back to his service in Vietnam. Applying the Statement of Principles for generalised anxiety disorder, the Tribunal was satisfied that Mr Visinko had been exposed to Category 1A and 1B stressors during his operational service. This exposure, in the Tribunal’s view, raised a reasonable hypothesis connecting his anxiety disorder with the circumstances of his operational service, thereby satisfying the relevant criteria under the *Veterans’ Entitlements Act 1986* (Cth).

Consequently, the Tribunal set aside the decision of the Veterans’ Review Board and substituted its own decision that Mr Visinko suffers from generalised anxiety disorder, which was war-caused. The matter was remitted to the Repatriation Commission for reconsideration of the rate of pension payable to Mr Visinko.