Moylan v Repatriation Commission

[1998] AATA 211
1998 AAT 189

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Re: Frederick Moylan, Applicant
And: Repatriation Commission

Tribunal:

Member: Dwyer, SM

Subject References:
Veterans' Affairs
pension for war-caused disease
whether hypertension a war-caused disease
renal stenosis related to service a factor specified in Statement of Principles for hypertension
medical evidence that renal stenosis may be associated with aortic atherosclerotic disease
aortic atherosclerotic accepted as war-caused
whether that acceptance was based on medical diagnosis or made in error
no material pointing to the hypothesis
no sufficient ground for determining that hyptertension a war-caused disease
decision as to hypertension affirmed
decision varied to take into account concessions as to other diseases

Legislative References:
Veterans' Entitlements Act 1986 - 9(1)(b); 120(1); 120(3); 120A(3)
Statement of Principles No 83 of 1995 -

Case References:
Byrnes v Repatriation Commission - (1993) 177 CLR 564; 116 ALR 210
Deledio v Repatriation Commission - (1997) 47 ALD 261
East v Repatriation Commission - (1987) 74 ALR 518
Langley v Repatriation Commission - (1993) 115 ALR 51
Noble v Repatriation Commission (FFC 971159) - unreported 3 November 1997
Repatriation Commission v Bey - (1997) 149 ALR 721

Hearing date: 19 May 1997
Decision date: 27 March 1998

Melbourne

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Decision

1. In accordance with concessions made by the Repatriation Commission the decision under review is varied to provide that cervical spondylosis, lumbar spondylosis and lumbar spinal stenosis are war-caused diseases with effect from 27 November 1994.

2. The matter is remitted to the Repatriation Commission for assessment of the rate of pension in respect of the conditions which have been conceded to be war-caused.

3. In all other respects the decision is affirmed.