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Tribunal:  Senior Member Katter

The decision under review was varied by the Tribunal resulting in the applicant additionally receiving the special rate pursuant to Veterans’ Entitlements Act 1986 (the Act).

The applicant served in the Royal Australian Air Force for 29 years. In 2002, the applicant sought and was granted a pension. The applicant applied for re-assessment subsequently. 

The Tribunal heard evidence from the applicant and doctors at the hearing.  An orthopaedic surgeon provided evidence that the applicant could continue performing the work he had been doing since leaving the Royal Australian Air Force from an orthopaedic perspective.  The medical evidence provided by an occupational physician and two psychiatrists were materially relevant to the applicant’s claim for the special rate. 

The Tribunal found that by reason of incapacity from service related injury or disease, or both, the applicant was prevented from continuing to undertake remunerative work that the applicant was undertaking and was, by reason thereof, suffering a loss of salary or wages, or of earnings on his own account, that the applicant would not be suffering if the applicant were free of that incapacity.  The applicant was therefore to additionally receive the special rate pursuant to section 24 of the Act.

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