Statement of Principles concerning dermatomyositis No. 16 of 2005 (Cth)

Instrument No. 16 of 2005

Determination

of

Statement of Principles

concerning

DERMATOMYOSITIS

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

1.This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the VEA).

Kind of injury, disease or death

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

   (b)       For the purposes of this Statement of Principles, “dermatomyositis” means a chronic inflammatory disease of skeletal muscle characterised by progressive and often symmetric muscle weakness and occurring in association with, or following, characteristic inflammatory skin changes.

   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 dermatomyositis or death from dermatomyositis 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 dermatomyositis or death from dermatomyositis is inability to obtain appropriate clinical management for dermatomyositis.

   Other definitions

   5.        For the purposes of this Statement of Principles:

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

   “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.

   Date of effect

   6.        This Instrument takes effect from 13 April 2005.

   Dated this      second   day of             April        2005

   The Common Seal of the   )

   Repatriation Medical Authority                  )

   was affixed to this instrument  )

   in the presence of:  )

   KEN DONALD

   CHAIRPERSON