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Media Release: Wednesday 27 March 2002 War veterans will not be forgotten Visits to regions take place throughout the year Many war veterans, defence force personnel and their dependants living in regional areas may still be unaware of their rights and entitlements to pensions simply because it is difficult to access free local advice. "Although World War II and the Vietnam Wars took place some time ago, veterans are still suffering a wide range of health problems and their fight for justice goes on," says veterans' advocate Anastasia Toliopoulos. "For those veterans who live outside metropolitan areas, the problems are compounded by isolation and the lack of easily accessible advice services." Ms Toliopoulos works for Legal Aid's specialist Veterans' Advocacy Service–a team of highly experienced advocates who advise and represent veterans and their dependants in claims under the Veterans' Entitlements Act(1986). Each alternate month, an advocate will visit regional centres where there is a large veteran community without access to city services. Advice is free, independent and confidential. Advice clinics for veterans and their dependants will be held in: Coffs Harbour 23 and 24 April, 20 and 21 June, 22 and 23 August, 17 and 18 October and 12 and 13 December 2002 at the Legal Aid Office, Coffs Harbour, 4 Park Avenue, Coffs Harbour. For appointments, please call 6651 7899. Batemans Bay 12 April, 28 June, 30 August and 1 November 2002 at Bateman's Bay Soldiers Club, 2 Beach Road, Bateman's Bay. For appointments, please call 44 72 4117. Nowra 11 April, 27 June, 29 August and 31 October 2002 at Shoalhaven Neighbourhood Centre, 134 Kinghorne Street, Nowra. For appointments, please call 44 21 5077. Wollongong 30 May, 25 July, 26 September, 28 November 2002 at Wollongong Legal Aid office, 73 Church Street, Wollongong. For bookings call 4228 8299. For more information: Anastasia Toliopoulos (Coffs Harbour) Tel 9219 5134 Adam Halstead (Batemans Bay, Nowra, Wollongong) Tel: 9219 5146 Veterans' Advocacy Service Sydney Tel 9219 5148 CASE REPORTS Case 1: Special pension (TPI)* for 84 year-old veteran An 84 year-old veteran and retired bank manager started a stud farm with his wife. Whilst working on the farm, he suffered a stroke. We argued that the veteran had developed a war-service smoking habit that continued until the day of his stroke, and that he would still be working on the stud farm but for the stroke which had confined him to a nursing home. The Department of Veterans' Affairs on the other hand argued that because the farm was still operational the veteran was not suffering any financial loss. We successfully argued that the farm was suffering a loss because workers had to be hired to perform the veteran's work. We were able to obtain a special pension for the veteran and all medical expenses to be paid for by the Department of Veterans' Affairs. This was a great relief to the veteran's wife who had to pay nursing home fees. The backpay was also very substantial. * Totally and Permanently Incapacitated Pension. Case 2: War widow receives pension after 30 years A widow of a veteran who was killed in a motor vehicle accident in 1972 was finally awarded the war widow's pension. We were able to show that her husband became very anxious as a result of the loss of a kidney (from a war injury) which caused him to drink excessively. We were able to prove that on the night of the fatal accident, the veteran had been drinking and then drove whilst over the limit. This was the widow's third attempt in trying to prove that the death was war-caused. Case 3: Veteran beats off Federal Court challenge A self-represented World War II veteran successfully appealed a decision of the Repatriation Commission in the Administrative Appeals Tribunal. A few days after his win, the veteran received a letter from the Federal Court of Australia notifying him that the Repatriation Commission had applied to that court to challenge his victory and that they would also seek an order for legal costs against him if their challenge succeeded. The veteran was frightened about going to court given he could not afford a lawyer, but had no choice since the Repatriation Commission were seeking an order for costs against him, which could potentially have threatened his home ownership. On the advice of a friend, he approached the Veterans’ Advocacy Service and successfully obtained a grant of legal aid. The matter was resolved without the veteran having to go to the Federal Court or endure more stress and he was not required to pay costs to the Repatriation Commission. Case 4: Service in Vietnam caused job loss A Vietnam war veteran contacted us after he lost his bank job and was then refused a pension by the Repatriation Commission. He was granted Legal Aid to appeal the Repatriation Commission decision before the Administrative Appeals Tribunal. We obtained medical evidence, which found the veteran had a serious psychiatric disorder that was due to his service in Vietnam, and when combined with the impact of other injuries received in Vietnam, prevented him from continuing to work. On the basis of this evidence, the Administrative Appeals Tribunal decided the veteran was unable to work due to his war-caused conditions and ordered the Repatriation Commission to pay him the Special Rate of Pension. |
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