Statement of Principles concerning ankylosing spondylitis No. 26 of 2005 (Cth)

Instrument No. 26 of 2005

Revocation and Determination

of

Statement of Principles

concerning

ANKYLOSING SPONDYLITIS

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

1. The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a)revokes Instrument No. 262 of 1995; and

(b)       determines in its place the following Statement of Principles.

Kind of injury, disease or death

1. (a)        This Statement of Principles is about ankylosing spondylitis and death from ankylosing spondylitis.

   (b)       For the purposes of this Statement of Principles, “ankylosing spondylitis” means a chronic, progressive, inflammatory disease of unknown aetiology which involves the sacroiliac joints and the axial skeleton and may also involve peripheral joints and have extra-articular manifestations.

   (c)Extra-articular manifestations of ankylosing spondylitis include the following:

   (i)uveitis;

   (ii)aortic incompetence;

   (iii)heart block;

   (iv)upper pulmonary lobe fibrobullous disease;

   (v)spinal fractures, with or without cord compression;

   (vi)cauda equina syndrome;

   (vii)renal amyloidosis;

   (viii)IgA nephropathy; and

   (ix)osteoporosis.

   Basis for determining the factors

   3.         After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of ankylosing spondylitis or death from ankylosing spondylitis and which can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA) is that set out in clause 4.

   Factors that must be related to service

   4.         The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating ankylosing spondylitis or death from ankylosing spondylitis is inability to obtain appropriate clinical management for ankylosing spondylitis.

   Other definitions

   5.         For the purposes of this Statement of Principles:

   “death from ankylosing spondylitis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s ankylosing spondylitis;

   “relevant service” means:

   (a)       eligible war service (other than operational service) under the VEA; or

   (b)defence service (other than hazardous service) under the VEA; or

   (c)peacetime service under the MRCA;

   “terminal event” means the proximate or ultimate cause of death and includes:

   (a)        pneumonia;

   (b)       respiratory failure;

   (c)       cardiac arrest;

   (d)       circulatory failure; or

   (e)       cessation of brain function.

   Application

   6.         This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.

   Date of effect

   7.         This Instrument takes effect from 20 July 2005.

   Dated this   eighth       day of              July  2005

   The Common Seal of the    )

   Repatriation Medical Authority                   )

   was affixed to this instrument   )

   in the presence of:   )

   KEN DONALD

   CHAIRPERSON