Statement of Principles concerning chilblains No. 9 of 2009 (Cth)
Statement of Principles
concerning
CHILBLAINS
No. 9 of 2009
for the purposes of the
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
Title
This Instrument may be cited as Statement of Principles concerning chilblains No. 9 of 2009.
Determination
The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a) revokes Instrument No. 265 of 1995 concerning chilblains; and
(b) determines in its place this Statement of Principles.
Kind of injury, disease or death
(a) This Statement of Principles is about chilblains and death from chilblains.
(b)For the purposes of this Statement of Principles, "chilblains" means painful, localised erythema and inflammatory swelling from the reaction of the small blood vessels in the skin to exposure to non-freezing cold.
(c)Chilblains attracts ICD-10-AM code T69.1.
(d)In the application of this Statement of Principles, the definition of "chilblains" is that given at paragraph 3(b) above.
Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that chilblains and death from chilblains can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).
Factors that must be related to service
Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
Factors
The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting chilblains or death from chilblains with the circumstances of a person’s relevant service is:
(a)exposing the affected part of the body to non-freezing temperatures below 10 °C within the 24 hours before the clinical onset of chilblains; or
(b)having a disease from the specified list at the time of the clinical worsening of chilblains; or
(c)inability to obtain appropriate clinical management for chilblains.
Factors that apply only to material contribution or aggravation
Paragraphs 6(b) to 6(c) apply only to material contribution to, or aggravation of, chilblains where the person’s chilblains was suffered or contracted before or during (but not arising out of) the person’s relevant service.
Inclusion of Statements of Principles
In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
Other definitions
For the purposes of this Statement of Principles:
"a disease from the specified list" means:
(a)anorexia nervosa;
(b)antiphospholipid antibody syndrome;
(c)chronic myelomonocytic leukaemia;
(d)cryoglobulinaemia, cryofibrinogenaemia, cold agglutinin disorder;
(e)discoid lupus erythematosus;
(f)dysproteinaemia;
(g)macroglobulinaemia;
(h)Raynaud's disease; or
(i)systemic lupus erythematosus;
"death from chilblains" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s chilblains;
"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification (ICD-10-AM), Sixth Edition, effective date of 1 July 2008, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 016 6;
"relevant service" means:
(a) operational service under the VEA;
(b) peacekeeping service under the VEA;
(c) hazardous service under the VEA;
(d) warlike service under the MRCA; or
(e) non-warlike 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
This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.
Date of effect
This Instrument takes effect from 14 January 2009.
Dated this nineteenth day of December 2008
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRPERSON
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