Vock and Repatriation Commission

[2003] AATA 1295

Administrative

Appeals

Tribunal

 

DECISION AND REASONS FOR DECISION [2003] AATA 1295

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2001/1145

VETERANS' APPEALS DIVISION		)
Re		ERIC VOCK

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr B J McCabe, Senior Member

Date18 December 2003

PlaceBrisbane

Decision The Tribunal affirms the decision under review. 

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

Senior Member

CATCHWORDS

VETERANS’ AFFAIRS – benefits and entitlements – disability pension – eligibility - social anxiety disorder – no relevant Statement of Principles – reasonable satisfaction test – diagnosis - whether applicant’s condition caused by his war service – decision affirmed

Veterans’ Entitlements Act 1986

REASONS FOR DECISION

18 December 2003 Mr B J McCabe, Senior Member

Introduction

1.      The Repatriation Commission says Eric Vock did not suffer from a war-caused injury or disease while on operational service in Vietnam. Mr Vock says he suffers from social anxiety disorder. He also claims he suffers from alcohol abuse although the evidence at the hearing focused on the psychiatric condition. He says the conditions are related to his service and entitle him to compensation under the Veterans’ Entitlement Act 1986.

2.      Disputes of this nature ordinarily require consideration of Statements of Principles published by the Repatriation Medical Authority. But the parties accepted there was no Statement of Principles that was directly applicable to the psychiatric condition. (The respondent had previously sought to examine the diagnosis with reference to the Statement of Principles relating to generalised anxiety conditions, but it did not persist with that approach before the Tribunal). In those circumstances, the Tribunal must decide whether it is reasonably satisfied as to the matters alleged by the applicant: s 120(4). There is a Statement of Principles in respect of alcohol dependence and abuse: Statement of Principles No 77 of 1998.

3.      The applicant already receives a pension in respect of other service-related conditions. He seeks an increase in the amount of his pension to compensate him for the psychiatric condition and alcohol abuse problems.

The Material Before the Tribunal

4. The Tribunal was provided with the documents required under s 37 of the Administrative Appeals Tribunal Act 1975. It also received the following material into evidence:

§Undated statement by the applicant in relation to stressors (Exhibit 2)

§Applicant’s reply to the Writeway Research Report (Exhibit 3)

§Report of Dr Danesi dated 13 March 2002 (Exhibit 4)

§Report of Dr Danesi dated 21 January 2003 (Exhibit 5)

§Report of Dr Boulnois dated 4 April 1996 (Exhibit 6)

§Writeway Research Report dated 16 December 2002 (Exhibit 7)

§Report of Dr Wainwright dated 9 September 2002 (Exhibit 8)

5.      A number of witnesses also gave oral testimony at the hearing:

§The applicant, Eric Vock;

§Dr Wainwright; and

§Dr Danesi.

6.      Mr Clutterbuck represented the applicant and Mr Morrison represented the respondent.

The Facts

7.      Eric Vock was born on 22 March 1947. He undertook national service in the Australian Army between 6 February 1968 and 5 February 1970. He served in Vietnam between 19 December 1968 and 30 December 1969. The time in Vietnam qualifies as operational service.

8.      The applicant was a school-teacher before his military service. He taught maths and science, having qualified in 1966. He was conscripted in the first intake of 1967 but was able to defer his service because of his teaching responsibilities. He said he enjoyed teaching and was good at it. He was comfortable dealing with people.

9.      Mr Vock was based in Vung Tau. He was a clerk, although he was occasionally required to assist in guarding the perimeter of the base. On those occasions, he manned a machine gun post facing the perimeter fence near the beach. There were no enemy assaults on the perimeter while he was on duty but he said it was stressful work all the same.

10.     There was enemy action against the base during the applicant’s time there. On at least one occasion, rockets were fired in the direction of the base. Mr Vock said he was woken by the sounds of the rockets travelling overhead, although the Writeway report furnished by the respondent says rockets cannot be heard in flight.  (The applicant conceded in cross-examination that it might have been the noise of an aircraft that woke him, or even the sound of the general alarm). In any event, the rockets flew over the base and landed at sea. When the alarm and order to “stand to” was issued, the applicant went to his assigned defensive position in a fox-hole. The emergency lasted a few minutes, and the “stand to” order was rescinded after an hour or so (although in his “stressor statement” in Exhibit 2, the applicant suggested he was in a weapons pit for hours).

11.     After hearing the applicant during cross-examination, it was apparent the applicant was never in any immediate danger during the rocket attacks.

12.     The applicant described several other events that he said were stressful. He spoke of a “white mice” attack. The “white mice” in question were the local police. The applicant said in his stressor statement that he was often subjected to “white mice” attacks, but in cross-examination he conceded he was only aware of one incident. On that occasion, he was drinking with his friends in Vung Tau. He said he heard a whistle, and several shots were fired. He dived to the floor with his friends. The police appeared. Nothing else happened. There did not appear to be any immediate danger: there was no suggestion the applicant and his friends were caught in a cross-fire. Indeed, they appeared to be some distance away from the action, such as it was.

13.     Mr Vock spoke of living adjacent to the field hospital on the base. He said helicopters would arrive with the wounded and dead at all hours, but especially at night. He conceded during cross-examination that he was unsure how often this occurred.

14.     The applicant said he started drinking heavily in Vietnam. He said alcohol was plentiful and cheap. He said it was common for him to consume half a dozen beers before moving onto spirits. He said the drinking continued after he returned home and was discharged.

15.     The applicant attempted to resume teaching when he returned from Vietnam, but he was unsuccessful. He enrolled in some courses to extend his qualifications but failed because he could not concentrate. He said he felt embarrassed and humiliated in front of a class. He said he felt the students were attacking him, and he lasted a week. He drank more and claimed he could not sleep.

16.     The applicant married in 1978. His wife had an adopted son. She had a miscarriage that apparently caused stress in the relationship, and a failed business venture. They divorced in 1985. Mr Vock remarried in 1988 and remains with his second wife. She has three grown children from a previous relationship. He currently works as a gaming machine attendant at Twins Towns Club in Tweed Heads. That job requires some interaction with the public: when a patron of the club wins a jackpot or requires assistance with a machine, Mr Vock is called. He does community work: he is treasurer of “Kids in Need”, a local charity.

17.     There was evidence the applicant developed epilepsy and has had a number of attacks, although he is taking medication which he says keeps the condition under control. It was unclear whether that condition has any relevance to the present claim.

18.     There was also evidence (albeit not direct evidence) that the applicant’s sister noticed changes in the applicant’s personality upon his return from Vietnam. It is unclear what those changes were. The applicant suggested he became more reserved and did not like mixing with people. He preferred to mix with his family and rarely went out on social occasions with his wife.

The Diagnosis

19.     Dr Danesi concluded in his report of 13 March 2002 that the applicant suffered from social anxiety disorder. He enlarged on his reasons in his report of 21 January 2003 to explain why he preferred a diagnosis of social anxiety disorder over avoidant personality disorder (in short: because the applicant demonstrated prominent symptoms of anxiety that were more consistent with a diagnosis of social anxiety disorder). The expression “social phobia” is an alternative label for social anxiety disorder. Dr Danesi explained in his report of 21 January 2003 that social phobia:

“…revolves around a marked and persistent fear of one or more social or performance situations in which the person is exposed to unfamiliar people or possibly scrutiny by others. The individual feels that he or she will act in a way or show anxiety symptoms that would be humiliating or embarrassing.”

20.     Dr Danesi referred to the diagnostic criteria in DSM-IV. A copy of the criteria (at paragraphs 300.29 and 300.23 of the manual) were provided to the Tribunal.

21.     I note Dr Danesi said in his report on 13 March 2002 that the applicant did not meet the diagnosis criteria for alcohol abuse, although he may have done so in the past.

22.     Dr Wainwright was called by the respondent. After carrying out blood and urine tests, he concluded there was no evidence of excessive alcohol intake. That is consistent with Dr Danesi’s conclusions, and effectively disposes of the claim in respect of alcohol abuse and dependency.

23.     Dr Wainwright also concluded the applicant did not have post traumatic stress disorder or social phobia. Dr Wainwright accepted the applicant suffered from stress in some situations, but the stress was not excessive and did not interfere with his normal relationships or functioning. His successful maintenance of long-standing relationships and his occupation and charity work (in which he is exposed to the public) are not consistent with a diagnosis of social phobia, Dr Wainwright concluded.

24.     I note that Dr Boulnois reached a similar conclusion in his report dated 4 April 1996. Dr Boulnois queried whether the applicant was affected by his epilepsy medication.

25.     Dr Danesi also reported the applicant said he would snore heavily and stop breathing while he slept. Dr Wainwright reported the applicant complained he never felt refreshed in the morning. Dr Wainwright noted the applicant did shift work. In Dr Wainwright’s opinion, the applicant suffered from sleep apnoea – a condition which explained many if not all of his symptoms.

26.     After seeing the applicant in the witness box and considering all the circumstances, I prefer Dr Wainwright’s diagnosis. Mr Vock is an anxious man, but he appears to function more or less normally. I cannot be satisfied he suffers from a compensable psychiatric disorder. I have already concluded he does not suffer from alcohol abuse or dependency.

Conclusion

27.     The decision under review is affirmed.

I certify that the 27 preceding paragraphs are a true copy of the reasons for the decision herein of Mr B J McCabe, Senior Member

Signed:         Sarah Oliver

Associate

Date of Hearing  13 June 2003
Date of Decision  18 December 2003
Counsel for the Applicant         Mr Clutterbuck
Solicitor for the Applicant          Streeting Haney
For the Respondent                  Mr Morison, Departmental Advocate