Statement of Principles concerning herpes simplex No. 343 of 1995 (Cth)

Instrument No.343 of 1995

Statement of Principles

concerning

HERPES SIMPLEX

ICD CODE: 054

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 herpes simplex and death from herpes simplex 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 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, herpes simplex or death from herpes simplex is connected with the circumstances of that service, are:

(a)       having symptomatic or serological evidence of a primary HSV-I or HSV-II infection during service or within six months after service provided that there is no evidence of significant risk of HSV-I or HSV-II infection from sources not related to service; or

(b)       being exposed to ultraviolet light within the seven days immediately before the clinical worsening of herpes simplex; or

(c)       suffering external thermal burns within the seven days immediately before the clinical worsening of herpes simplex; or

(d)       being in an immuno-compromised state immediately before the clinical worsening of herpes simplex; or

(e)       inability to obtain appropriate clinical management for the herpes simplex.

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(b) to 1(e) apply only where:

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

(b)       the relationship suggested between the herpes simplex 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:

“external thermal burns” means an injury caused by the application of heat to external body tissue, attracting ICD code 948 or 949, or an ICD code in the range 940 - 946;

“herpes simplex” means a group of infections caused by herpes simplex virus Type I or Type II, characterised by the development of one or more small fluid-filled vesicles with a raised erythematous base on the skin or mucous membranes, with Type I infection typically involving non-genital areas of skin and Type II infection typically involving the genitals and surrounding areas of skin and which can also involve the central nervous system or visceral organs, attracting ICD code 054;

“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;

“immuno-compromised state” means a state where the immune response has been attenuated by administration of immunosuppressive drugs, or by irradiation, certain types of infection, malnutrition, or a malignant disease process;

“primary HSV-I or HSV-II infection” means the first clinical manifestation of infection caused by herpes simplex virus Type I or II (HSV-I or HSV-II), excluding reactivation of a latent HSV-I or HSV-II infection, and characterised by a variety of manifestations including generalised systemic symptoms including fever, malaise and lymphadenopathy and/or the development of characteristic localised manifestation of HSV-I or HSV-II infections such as genital herpes, herpetic gingivostomatitis or herpetic whitlow, attracting ICD code 054.

Dated this       Twenty-eighth  day of              September  1995

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN