Keding and Repatriation Commission [2000] AATA 478 (11 May 2000)

Last Updated: 15 June 2000

DECISION AND REASONS FOR DECISION [2000] AATA 478

ADMINISTRATIVE APPEALS TRIBUNAL )

) No Q1997/1188

VETERANS' APPEALS DIVISION )

Re IRENE KEDING

Applicant

And REPATRIATION COMMISSION

Respondent

DECISION

Tribunal Mr. D.W. Muller, Senior Member

Date 11 May 2000

Place Brisbane

...............Signed...............................

D.W. MULLER

SENIOR MEMBER

CATCHWORDS

VETERANS' APPEALS - war-widows' pension - whether cause of death recorded on death certificate was sole cause of veteran's death

REQUEST FOR WRITTEN REASONS FOR DECISION

Mr. D.W. Muller, Senior Member

1. This is an application to review a decision to reject a claim for widow's pension.

2. The applicant, Irene Keding, is the widow of the late veteran, Frederick John Keding.

3. The relevant history of the late veteran is as follows:

(i) Born on 27 June 1919.

(ii) Served in the Australian Army from 31 March 1942 to 21 May 1946, including service in:

(a) New Guinea from 8 July 1942 to 14 December 1943.

(b) New Guinea from 24 July 1944 to 12 November 1944

(c) Bouganville from 15 November 1944 to 31 August 1945.

(iii) Had many attacks of malaria during his Army service.

(iv) Was treated for an enlarged spleen on 28 February 1944.

(v) Suffered a scalp wound from a hand grenade on 18 March 1945.

(vi) During his war service he developed a habit of heavy alcohol and cigarette abuse, which continued for virtually the rest of his life.

(vii) In 1978, he was hospitalised and had the following matters investigated:

(a) Fever, left-sided pleuritic pain, anorexia

(b) Right sided pneumonia

(c) High blood pressure

(d) Gross degeneration of the spine

(e) Elevated blood cholesterol and triglycerides

(viii) On 3 September 1979, he was treated for gout and hypertension.

(ix) On 28 June 1988 a blood test revealed evidence of serum cholesterol level 6.4, triglyceride 3.9 and HDL cholesterol 0.9.

(x) He was admitted to Rockhampton Base Hospital on 10 May 1989 with chest pain and atrial fibrillation. At the time of his admission he was being treated for:

(a) Hypertension

(b) Gout

(c) Atrial fibrillation

(d) Rate related cardiomyopathy

(e) Ischaemic heart disease.

(xi) On 28 August 1989 he was again admitted to hospital with chest pain. During the course of his treatment, blood tests revealed the presence of multiple myeloma. The multiple myeloma was thought to be not disabling enough at the time to warrant treatment. An attitude of "watch and wait" was adopted.

(xii) On 10 February 1993, he was given a two week course of radiotherapy for his myeloma. This treatment relieved his pain. He was also having difficulty with swallowing and dysphagia.

(xiii) On 12 October 1994, he was placed in "acute care". He had multiple myeloma, recurrent chest infection and inability to swallow due to pseudobulbar palsy.

(xiv) He died in his sleep on 26 January 1995.

(xv) The death certificate records that the cause of death was multiple myeloma.

4. The question for the Tribunal to determine is whether multiple myeloma was the sole cause of the late veterans' death or whether ischaemic heart disease was also a significant factor in his death?

5. The Tribunal is satisfied that the late veteran had significant ischaemic heart disease from the late 1980s. The cause of his hospitalisation in May 1989 was his heart problem, associated with hypertension, gout and atrial fibrillation.

6. The advocate for the respondent conceded that the late veteran had acquired a significant war-caused smoking habit. He also conceded that the Statement of Principles relating to ischaemic heart disease was satisfied in the late veteran's case. That is, his ischaemic heart disease was war-caused.

7. The Tribunal takes into account that prior to his death in 1995, the late veteran had spent six years on medication prescribed for his heart disease. On balance, the Tribunal finds that ischaemic heart disease must have been a significant factor in the death of the veteran, as well as the multiple myeloma.

8. Consequently, the Tribunal decides that the death of the late veteran was war-caused.

9. The decision under review is set aside and in substitution the Tribunal finds that the death of Frederick John Keding was war-caused and that Irene Keding is entitled to war-widows' pension on and from 27 January 1995.

I certify that the 9 preceding paragraphs are a true copy of the reasons for the decision herein of Mr. D.W. Muller, Senior Member

Signed: .....................................................................................

R. Hayes, Associate

Date/s of Hearing 11 May 2000

Date of Decision 11 May 2000 (written reasons for decision)

Applicant Mr. E. Marxsen and Mrs. A. Rogers

Respondent Mr. J. Stoner, Departmental advocate