Statement of Principles concerning loss of teeth No. 5 of 2003 (Cth)
Instrument No.5 of 2003
Revocation and Determination
of
Statement of Principles
concerning
LOSS OF TEETH
Veterans’ Entitlements Act 1986
The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):
(a) revokes Instrument No.374 of 1995; and
(b) determines in its place the following Statement of Principles.
Kind of injury, disease or death
(a) This Statement of Principles is about loss of teeth and death from loss of teeth.
(b)For the purposes of this Statement of Principles, “loss of teeth” means the permanent loss of one or more teeth of the secondary dentition, with or without retained dental root.
(c)Loss of teeth attracts ICD-10-AM code K08.1 or K08.3.
(d)In the application of this Statement of Principles, the definition of “loss of teeth” is that given at para 2(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 loss of teeth and death from loss of teeth can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.
Factors that must be related to service
Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.
Factors
The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting loss of teeth or death from loss of teeth with the circumstances of a person’s relevant service are:
(a) suffering from dental caries in the affected tooth immediately before the clinical onset of loss of teeth; or
(b)suffering from periodontitis in the periodontium supporting the affected tooth immediately before the clinical onset of loss of teeth; or
(c)suffering from dental pulp disease of the affected tooth immediately before the clinical onset of loss of teeth; or
(d)sustaining a fracture or luxation of the affected tooth within the 10 years immediately before the clinical onset of loss of teeth; or
(e)sustaining a fracture or disruption of the periodontium supporting the affected tooth within the 10 years immediately before the clinical onset of loss of teeth; or
(f)inability to obtain appropriate clinical management for loss of teeth.
Factors that apply only to material contribution or aggravation
Paragraph 5(f) applies only to material contribution to, or aggravation of, loss of teeth where the person’s loss of teeth was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.
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.
Other definitions
For the purposes of this Statement of Principles:
“death from loss of teeth” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s loss of teeth;
“disruption of the periodontium” means any interruption or distortion of the periodontium caused by physical trauma or a disease process affecting the periodontium, including infiltration by primary or secondary malignancy, Paget’s disease of bone or tuberculosis;
“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), Third Edition, effective date of 1 July 2002, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 413 9;
“relevant service” means:
(a) operational service; or
(b) peacekeeping service; or
(c)hazardous service;
“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 Act applied.
Dated this Seventh day of April 2003
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
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