����AV

The UNDT erred in fact in concluding that the ABCC had solely and exclusively rested upon the MSD’s medical report, and the UNDT exceeded its competence in stating that the time limit under Article 12 of Appendix D would only start to run from the moment when the psychological symptoms were so severe that the patient acknowledged that his/her syndrome no longer allowed him/her to fulfill his/her professional obligations. In the light of the facts that the Applicant was able to return to his high level of functioning at work after he had been transferred out of HATIS on 1 December 2013, that it was not necessary for him to “recount his trauma” in order to file an Appendix D claim, that the Applicant’s psychiatrist did not state that the Applicant was not able to fill out and file an Appendix D claim, and that he had invoked his PTSD several times in the context of pursuing advantages (sick leave, etc.), the Appeals Tribunal found that it was legitimate and reasonable for the Administration to not grant the Applicant a waiver of the four-month deadline to file an Appendix D claim on the basis of exceptional circumstances. The rescission of the contested decision by the UNDT and the subsequent remand of the compensation claim to the ABCC was erroneous.