Statement of Principles concerning Buerger's disease No. 74 of 1995 (Cth)

Instrument No.74 of 1995

Statement of Principles

concerning

BUERGER'S DISEASE

(THROMBOANGIITIS OBLITERANS)

ICD CODE: 443.1

Veterans’ Entitlements Act 1986
subsection 196B(3)

1.         Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that Buerger's disease and death from Buerger's disease can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, that the factors that must exist before it can be said that, on the balance of probabilities, Buerger's disease or death from Buerger's disease is connected with the circumstances of that service, are:

(a)       smoking 40 cigarettes or its equivalent in tobacco products, per day for at least three years before the clinical onset of Buerger's disease; or

(b)       inability to obtain appropriate clinical management for Buerger's disease.

2.         Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(b) must be related to any service rendered by a person.

3.         The factor set out in paragraph 1(b) applies only where:

(a)       the person’s Buerger's disease was contracted prior to a period, or part of a period, of service to which the factor is related; and

(b)       the relationship suggested between the Buerger's disease and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), or 70(5)(d) of the Act.

4.         For the purposes of this Statement of Principles:

“Buerger's disease (thromboangiitis obliterans)” means a nonatherosclerotic, segmental, inflammatory, occlusive vascular disease affecting the small and medium-sized arteries and veins, attracting ICD code 443.1;

“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472.

Dated this                   twentieth      day of              February       1995

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN