Worden and Repatriation Commission

Case [2004] AATA 520


Administrative

Appeals

Tribunal

 
 

DECISION AND REASONS FOR DECISION [2004] AATA 520

ADMINISTRATIVE APPEALS TRIBUNAL      )

)          No S2001/197

VETERANS' APPEALS DIVISION )
Re GRAHAM RORY WORDEN

Applicant

And

REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Deputy President D G Jarvis and Dr E T Eriksen, Member

Date24 May 2004

PlaceAdelaide

Decision

The Tribunal affirms the decision under review.

D G Jarvis
  (Signed)

Deputy President


ADMINISTRATIVE APPEALS TRIBUNAL    )
  )           No. S2001/197
VETERANS’ APPEALS DIVISION                  )

Re:     GRAHAM RORY WORDEN        

Applicant

And:   REPATRIATION COMMISSION

Respondent

CORRIGENDUM TO DECISION [2004] AATA 520

TribunalDeputy President Jarvis

Date of Decision                24 May 2004

Date of Corrigendum       10 June 2004

PlaceAdelaide

Corrigendum:  

That the phrase ’Alcohol SoP’ appearing in paragraph 61 of the reasons for decision be deleted and ’Anxiety SoP’ be inserted in its place.

D G Jarvis
  (Signed)

Deputy President

CATCHWORDS

VETERANS’ ENTITLEMENTS - operational service - whether veteran suffers from anxiety disorder - whether veteran suffers from alcohol dependence - consideration of stressors – objective assessment of state of affairs constituting stressor - scare charges in Vung Tau Harbor and other defensive measures aboard HMAS Sydney – meaning of “clinical onset” and “clinical worsening” – decision of VRB affirmed.

Veterans' Entitlements Act 9, 13(1), 120(1), 120(3) and 120A

Repatriation Commission v Deledio (1998) 83 FCR 82

O’Neill v Repatriation Commission (2001) 34 AAR 290

Woodward v Repatriation Commission (2003) 75 ALD 420

Repatriation Commission v Stoddart [2003] FCA 300

Stoddart v Repatriation Commission (2003) 197 ALR 283

Delahunty v Repatriation Commission [2004] FCA 309

Re Robertson and Repatriation Commission (1998) 50 ALD 668

Re A’Bell and Repatriation Commission (1999) 58 ALD 721

Gerzina v Repatriation Commission [2003] FMCA 490

Gerzina v Repatriation Commission [2004] FCAFC 96

Benjamin v Repatriation Commission (2001) 34 AAR 270

REASONS FOR DECISION

24 May 2004 Deputy President D G Jarvis and Dr E Eriksen, Member   

Reasons for Decision 

1.      The applicant, Graham Rory Worden, is a Vietnam veteran.  In a decision made on 24 February 2000, a delegate of the respondent refused the applicant’s claim for medical treatment and for a pension for incapacity for conditions diagnosed as anxiety disorder, spondylolisthesis, alcohol dependence and alcohol abuse on the ground that the conditions were not war-caused.  The applicant has an accepted disability of sensorineural hearing loss of the right ear.  On 9 April 2001, the Veterans’ Review Board affirmed the delegate’s decision.  The applicant has applied for review of this decision.

2. The applicant was represented by Mr S D Ower of counsel and the respondent was represented by its advocate, Mr G Doube. The applicant and a psychiatrist, Dr M Ewer, gave evidence in support of the applicant’s case, and Commodore Mulcare gave evidence for the respondent. The documents lodged pursuant to s 37 of the Administrative Appeals Tribunal Act 1975 were admitted in evidence, and the parties tendered a number of other documents.  Following the conclusion of the hearing, we asked the parties to address certain issues in relation to the claim for…

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AGLC
Worden and Repatriation Commission [2004] AATA 520
Case
[2004] AATA 520
Decision Date

CaseChat Overview and Summary

The matter involved the Repatriation Commission and the applicant, Worden, in the context of veterans' entitlements. Worden sought to establish that he suffered from an anxiety disorder and alcohol dependence linked to his operational service. The Federal Court of Australia was tasked with determining the validity of Worden’s claims.

The primary legal issues revolved around whether Worden’s conditions were indeed linked to his service, and if so, when the "clinical onset" and "clinical worsening" of these conditions occurred. The Court had to objectively assess the stressors during his service and determine if they constituted a sufficient basis for his claims. This required a thorough review of the evidence and an understanding of the specific incidents, such as the scare charges in Vung Tau Harbor and other defensive measures aboard HMAS Sydney.

The Court analysed the evidence provided by Worden and the context of his service. It considered the meaning of "clinical onset" and "clinical worsening" as defined by relevant case law and statutory provisions. Ultimately, the Court found that Worden's claims were substantiated by the evidence, confirming the existence of an anxiety disorder and alcohol dependence linked to his service. The decision of the Veterans' Review Board (VRB) was affirmed, upholding the original findings.

No additional orders were made beyond affirming the VRB's decision.

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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