Administrative Appeals Tribunal
DECISION AND REASONS FOR DECISION [2011] AATA 918
ADMINISTRATIVE APPEALS TRIBUNAL )
) No 2010/3204
VETERANS APPEALS DIVISION ) Re JOHN RAYMOND WATKINS Applicant
And
REPATRIATION COMMISSION
Respondent
DECISION
Tribunal Regina Perton Date21 December 2011
PlaceMelbourne
Decision The Tribunal affirms the decision under review. ........................[sgd]......................
Member
VETERANS’ AFFAIRS ‑ pension at special rate – whether war‑caused conditions alone cause of inability to work – reason why applicant stopped working – decision affirmed
Veterans’ Entitlements Act 1986 ss 24(1)(a)(b)(c), 24(2)(a)
Flentjar v Repatriation Commission (1997) 48 ALD 1
Forbes v Repatriation Commission (2000) 101 FCR 50
Repatriation Commission v Alexander (2002) 75 ALD 329
REASONS FOR DECISION
21 December 2011 Regina Perton, Member 1. John Watkins, who is 65 years old, served in the Royal Australian Navy for nine years which included operational service in Vietnam. Mr Watkins currently receives a service disability pension at 100 per cent of the general rate. He suffers from multiple medical conditions, of which bilateral sensorineural hearing loss with tinnitus, osteoarthrosis of the right ankle and foot, solar keratosis, post-traumatic stress disorder (PTSD) and alcohol dependence have been accepted by the Repatriation Commission (the Commission) as having been war‑caused.
2. Mr Watkins is seeking a special rate pension, which is a higher rate of pension paid to a working-age recipient who is unable to work due to his accepted disabilities alone.
3. Mr Watkins lodged a claim for increase in pension on 31 July 2009, shortly before his 64th birthday. On 29 October 2009, the Commission decided that Mr Watkins’s rate of pension should remain at 100 per cent of the general rate and that he was not eligible for a special rate of pension because he did not cease work due to his accepted war-caused disabilities alone. On 21 June 2010, the Veterans’ Review Board (VRB) agreed with the Commission. Mr Watkins then lodged an application for review of the VRB decision with this Tribunal on 30 July 2010.
4. In deciding whether Mr Watkins is eligible for pension at the special rate, the Tribunal needs to consider:
·Is Mr Watkins unable to work for more than 8 hours per week?
·When and why did Mr Watkins stop working?
·Do Mr Watkins’s accepted war-caused conditions alone prevent him from working?
Is Mr Watkins unable to work for more than 8 hours per week?
5. Based on the medical evidence, the parties agree that Mr Watkins is unable to undertake remunerative work for more than 8 hours per week. The Tribunal concurs.
When and why did Mr Watkins stop working?
6. In his written and oral evidence Mr Watkins stated that he left school at the age of 14 years. After leaving school, Mr Watkins worked as a delivery boy for about two years and then as a car detailer for 18 months. He then enlisted in the navy serving for nine years which included operational service.
7. After leaving the navy in November 1972, he joined the Melbourne…
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- Watkins and Repatriation Commission [2011] AATA 918
- Case
- [2011] AATA 918
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Tribunal were whether the applicant's inability to work was solely due to war-caused conditions, and if so, whether this would entitle him to a pension at the special rate. The Tribunal needed to examine the evidence provided by the applicant and assess the reasons he provided for stopping work to determine if these reasons were exclusively linked to his war service.
In delivering its decision, the Tribunal thoroughly reviewed the evidence and found that while the applicant had conditions caused by his war service, these were not the sole reason for his inability to work. The Tribunal concluded that the applicant's decision to cease working was influenced by other factors, such as personal circumstances and health issues unrelated to his war service. Consequently, the Tribunal affirmed the decision of the Repatriation Commission, holding that the applicant was not entitled to a pension at the special rate.
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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