YZJT and Repatriation Commission (Veterans’ entitlements)

This matter concerned an application by the Applicant, YZJT, for a disability pension under the *Veterans’ Entitlements Act 1986* (Cth). The Applicant sought to establish that her Major Depressive Disorder (MDD) and Posttraumatic Stress Disorder (PTSD) were defence-caused. The Repatriation Commission (the Respondent) had made a decision under review, which the Administrative Appeals Tribunal (AAT) was considering.

The AAT was required to determine whether the Applicant’s MDD and PTSD were defence-caused, applying the relevant Statements of Principles (SoPs) in force at the time. Specifically, the AAT needed to assess whether the evidence satisfied the criteria outlined in the SoP concerning PTSD and the SoP concerning Depressive Disorder, considering the Applicant's service history, including experiences of harassment, bullying, exposure to hazardous substances, physical injuries, and a sexual assault.

The AAT considered the medical evidence, particularly the opinion of Dr. Andrea Boros-Lavack, who testified that the Applicant suffered from both MDD and PTSD, and that these conditions had independent origins but interacted. Dr. Boros-Lavack attributed the MDD to a combination of physical injuries and the negative experiences arising from the male-dominated culture and harassment within the Navy. The AAT found that while the Applicant's PTSD was not established as defence-caused, the evidence, when considered against the Depressive Disorder SoP, reasonably satisfied the Tribunal that her MDD was defence-caused.

Consequently, the AAT set aside the decision under review and substituted its own decision. The substituted decision declared that the Applicant's MDD was defence-caused, while her PTSD was not. The matter was remitted to the Commission for the assessment of the rate of disability pension in respect of the MDD.