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Gibbs and McLean

V97/1485 and V97/1486
1 October 1998

[Full Text]

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Mr Gleeson applied to the Tribunal for review of a decision that his epilepsy was not war-caused. He had operational service in Vietnam in 1970-71 and his disabilities of alcohol dependence disorder and generalised anxiety disorder were accepted as war-caused.

The essential issue before the Tribunal was whether Mr Gleeson's epilepsy was aggravated or materially contributed to by his operational service. He relied on paragraph 5(k) of Statement of Principles No 79 of 1996 relating to epilepsy which states:

The Tribunal noted that, as stated in paragraph 6 of the SoP, the factor set out in paragraph 5(k) applies only to material contribution to, or aggravation of, epilepsy where the person's epilepsy was suffered or contracted before or during (but not arising out of) the person's relevant service.

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In 1969, prior to his Vietnam service, Mr Gleeson experienced a loss of consciousness. He was assessed by a neurologist but no treatment was given. In 1973, he had two seizures and was then commenced on anticonvulsant therapy. He had further seizures in early 1982 and April 1983, apparently when he ceased taking the medication. His medication was then increased and he had had no further attacks since that time.

Dr Gilligan, neurologist, expressed the opinion that the 1969 episode involving loss of consciousness was the first manifestation of epilepsy. He considered that there was no evidence that the condition was aggravated or made worse by service in Vietnam. Although the consumption of alcohol may have caused him to cease taking medication in 1982 and 1983, his epilepsy was now completely controlled even though he continued to drink heavily. In Dr Gilligan's opinion, the seizures experienced by Mr Gleeson in 1982 and 1983 occurred because he had failed to take his medication, not because his condition had worsened.

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Reference was made to the decision of the Federal Court in Repatriation Commission v Yates (1995) 38 ALD 80, in which a distinction was made between a worsening of symptoms and aggravation of the underlying injury or disease. The Tribunal found that in Mr Gleeson's case, the clinical onset of epilepsy was in 1969 prior to operational service and that he developed his alcohol dependence disorder at about the time of his discharge from the Army in 1971. The Tribunal also found that the seizures in 1982 and 1983 occurred because he had failed to take his medication. The seizures were symptomatic manifestations of epilepsy. There was no evidence that the disease itself was aggravated or worsened by failure to take the medication. Accordingly, the circumstances did not satisfy factor 5(k) of the SoP.

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