Statement of Principles concerning dislocation No. 290 of 1995 (Cth)

Instrument No.290 of 1995

Statement of Principles

concerning

DISLOCATION

ICD CODES: 718.2, 718.3, 830 - 839

Veterans’ Entitlements Act 1986
subsection 196B(2)

1.         Being of the view that there is sound medical-scientific evidence that indicates that dislocation and death from dislocation can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping Forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act1986 (the Act), that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting dislocation or death from dislocation with the circumstances of that service, are:

(a)       suffering physical trauma to the affected site immediately before the clinical onset of dislocation; or

(b)       suffering a disease process affecting the stability or normal structural relationship between the articulating surfaces of the affected joint immediately before the clinical onset of dislocation; or

(c)       suffering physical trauma to the affected site immediately before the clinical worsening of dislocation; or

(d)       suffering a disease process affecting the stability or normal structural relationship between the articulating surfaces of the affected joint immediately before the clinical worsening of dislocation; or

(e)       inability to obtain appropriate clinical management for dislocation.

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

3.         The factors set out in paragraphs 1(c) to 1(e) apply only where:

(a)       the person's dislocation was suffered before a period, or part of a period, of service to which the factor is related; and

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

4.         For the purposes of this Statement of Principles:

“a disease process affecting the stability or normal structural relationship between the articulating surfaces of the affected joint” means:

(a)        any degenerative or inflammatory joint disease, including rheumatoid arthritis, osteoarthrosis, or tuberculosis, which affects the integrity of the joint; or

(b)       any neurological, muscular, or vascular condition, including tabes dorsalis, syringomyelia, diabetic neuropathy, or stroke, which affects those tissues, or control of those tissues, which maintain the integrity of the joint;

“dislocation” means the complete or partial displacement of any bone from its natural anatomical location, known also as luxation or subluxation of the joint, attracting ICD code 718.2, 718.3 or an ICD code in the range 830-839, but does not include congenital dislocation;

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;

“physical trauma to the affected site” means a force, applied either directly or indirectly to the body, which, by being transmitted to a particular joint, results in its dislocation.

Dated this              Eighteenth             day of   July   1995

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN