Watt and Repatriation Commission

Case [2007] AATA 1536


Administrative Appeals Tribunal

DECISION AND REASONS FOR DECISION [2007] AATA 1536

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No Q2005/255

VETERANS' APPEALS DIVISION )
Re IAN WATT

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal

Senior Member P McDermott, RFD

Dr G Maynard, Member

Date11 July 2007  

PlaceBrisbane

Decision

The Tribunal affirms the decision under review.

.............[Sgd]...............

Senior Member

CATCHWORDS

VETERANS’ AFFAIRS – Royal Australian Navy service – application of Deledio – statement of principles – medical evidence – clinical onset – decision affirmed

Veterans’ Entitlements Act 1986 (Cth) ss 9, 70, 120, 120A, 196B

Repatriation Commission v Cooke (1998) 52 ALD 1

Repatriation Commission v Smith (1987) 15 FCR 327

Repatriation Commission v Deledio (1998) 83 FCR 82

Bull v Repatriation Commission (2001) 66 ALD 271
Hardman v Repatriation Commission (2004) 82 ALD 433
Elliott v Repatriation Commission (2002) 73 ALD 377

Lees v Repatriation Commission (2002) 125 FCR 331
Re Robertson and Repatriation Commission (1998) 50 ALD 668

RepatriationCommission v Cornelius[2002] FCA 750

Bushell v Repatriation Commission (1992) 175 CLR 408
Benjamin v Repatriation Commission (2001) 70 ALD 622

REASONS FOR DECISION

11 July 2007 Senior Member P McDermott, RFD Dr G Maynard, Member   

Introduction

1.      Mr Ian Watt, who has served with the Royal Australian Navy, lodged a claim for disability pension with the Department of Veterans’ Affairs.

Decisions

2.      On 23 October 2003 the Repatriation Commission (“the Commission”) determined that the conditions of adjustment disorder episodes with anxious or depressed mood and intervertebral disc prolapse are not service related.

3.      Mr Watt sought a review of this decision from the Veterans’ Review Board. On 9 March 2005 the Veterans’ Review Board affirmed that part of the decision of the Commission. 

4.      Mr Watt now applies to this Tribunal to review the decision of the Veterans’ Review Board which affirmed the decision of the Commission.

Issues before the Tribunal

5. We have to decide whether Mr Watt suffers from the conditions of adjustment disorder episodes with anxious or depressed mood, lumbar spondylosis and intervertebral disc prolapse, and if so, whether those conditions are defence caused within the meaning of s 70 of the Veterans’ Entitlements Act 1986(“the Act”).  If Mr Watt is successful, we consider that the earliest date of effect is 21 October 2002.

Background

6. Mr Ian Watt served with the Royal Australian Navy from 3 July 1964 until 2 July 1984. His eligible defence service, as defined under the Act, is from 7 December 1972 until the date of his discharge on 2 July 1984.

Evidence of the Applicant

7.      Mr Watt gave evidence of his career in the Royal Australian Navy. He stated that he was promoted to the rank of Chief Petty Officer in 1972. He performed engineering related duties until 1982. In 1982 he was transferred to general duties. He was discharged in 1984.

8.      Mr Watt referred to an incident in 1965 when he sustained a spinal injury. He hit his head in a diving accident. He was…

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AGLC
Watt and Repatriation Commission [2007] AATA 1536
Case
[2007] AATA 1536
Decision Date

CaseChat Overview and Summary

The applicant, Mr Watt, sought a review of a decision made by the Repatriation Commission, which declined to award him a pension under the Veterans' Entitlements Act 1986. The Commission determined that Mr Watt's psychiatric condition did not meet the criteria for service-related disability, as outlined in the relevant statements of principles. The Federal Court was tasked with reviewing the Commission's decision and assessing whether it was legally sound.

The central legal issue was whether the medical evidence provided by Mr Watt was sufficient to establish that his psychiatric condition had its clinical onset during his service in the Royal Australian Navy. This issue required the court to consider the application of the Deledio case and other relevant precedents, as well as the statutory criteria set out in the Veterans' Entitlements Act. The court had to determine whether the Commission's decision was reasonable and supported by appropriate evidence.

In its judgment, the court examined the evidence provided by Mr Watt and considered the application of the Deledio case and other precedents. The court found that the Commission's decision was consistent with the applicable legal standards and was supported by the evidence. The court concluded that Mr Watt had not provided sufficient evidence to establish that his psychiatric condition had its clinical onset during his service. Therefore, the Tribunal affirmed the decision under review, upholding the Commission's determination.

No additional orders were made by the Tribunal beyond affirming the decision under review.

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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