Statement of Principles concerning rapidly progressive crescentic glomerulonephritis No. 82 of 2010 (Cth)

Case

Statement of Principles

concerning

RAPIDLY PROGRESSIVE CRESCENTIC GLOMERULONEPHRITIS

No. 82 of 2010

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

Title

  1. This Instrument may be cited as Statement of Principles concerning rapidly progressive crescentic glomerulonephritis No. 82 of 2010.

Determination

  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 rapidly progressive crescentic glomerulonephritis and death from rapidly progressive crescentic glomerulonephritis.

(b)For the purposes of this Statement of Principles, "rapidly progressive crescentic glomerulonephritis" means a form of glomerulonephritis characterised by the presence of extensive cellular crescents on histopathology and a rapid decline in renal function over a period of weeks to months.

Basis for determining the factors

  1. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that rapidly progressive crescentic glomerulonephritis and death from rapidly progressive crescentic glomerulonephritis 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).

Factors that must be related to service

  1. 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

  1. The factor that must exist before it can be said that, on the balance of probabilities, rapidly progressive crescentic glomerulonephritis or death from rapidly progressive crescentic glomerulonephritis is connected with the circumstances of a person’s relevant service is:

(a)having a specified infection within the two months before the clinical onset of rapidly progressive crescentic glomerulonephritis; or

(b)having a specified immune or autoimmune disorder at the time of the clinical onset of rapidly progressive crescentic glomerulonephritis; or

(c)having a malignant neoplasm at the time of the clinical onset of rapidly progressive crescentic glomerulonephritis; or

(d)taking a specified drug within the one week before the clinical onset of rapidly progressive crescentic glomerulonephritis; or

(e)inability to obtain appropriate clinical management for rapidly progressive crescentic glomerulonephritis.

Factors that apply only to material contribution or aggravation

  1. Paragraph 6(e) applies only to material contribution to, or aggravation of, rapidly progressive crescentic glomerulonephritis where the person’s rapidly progressive crescentic glomerulonephritis was suffered or contracted before or during (but not arising out of) the person’s relevant service.

Inclusion of Statements of Principles

  1. 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

  1. For the purposes of this Statement of Principles:

"a specified drug" means:

(a)        D-penicillamine;

(b)       hydralazine;

(c)       propylthiouracil; or

(d)       rifampicin;

"a specified immune or autoimmune disorder" means:

(a)antiphospholipid syndrome;

(b)Behcet’s disease;

(c)Churg-Strauss syndrome;

(d)cryoglobulinaemia;

(e)Goodpasture’s disease;

(f)Henoch-Schonlein purpura;

(g)inflammatory bowel disease;

(h)microscopic polyangiitis;

(i)mixed connective tissue disease;

(j)relapsing polychondritis;

(k)rheumatoid arthritis;

(l)sarcoidosis;

(m)Sjogren’s syndrome;

(n)systemic sclerosis;

(o)systemic lupus erythematosus; or

(p)Wegener’s granulomatosis;

"a specified infection" means a bacterial infection or an infection with hepatitis B virus, hepatitis C virus, or human immunodeficiency virus;

"death from rapidly progressive crescentic glomerulonephritis" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s rapidly progressive crescentic glomerulonephritis;

"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

  1. This Instrument takes effect from 1 September 2010.

Dated this       eighteenth     day of              August               2010

The Common Seal of the                  )

Repatriation Medical Authority       )

was affixed to this instrument          )

in the presence of:   )

KEN DONALD

CHAIRPERSON

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