Statement of Principles concerning relapsing polychondritis No. 2 of 1997 (Cth)

Case

Instrument No.2 of 1997

Determination

of

Statement of Principles

concerning

RELAPSING POLYCHONDRITIS

ICD CODE: 733.99

Veterans’ Entitlements Act 1986

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

Kind of injury, disease or death

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

(b) For the purposes of this Statement of Principles, “relapsing polychondritis” means an episodic and often progressive multisystem inflammatory disorder affecting predominantly the cartilage of the ears, nose, and tracheobronchial tree, and which may also affect the internal structures of the eyes and ears, the heart, blood vessels, kidneys, skin and joints, attracting ICD code 733.99.

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 relapsing polychondritis and death from relapsing polychondritis can be related to relevant service rendered by veterans or members of the Forces.

Factors that must be related to service

  1. Subject to clause 6, the factor set out in the paragraph in clause 5 must be related to any relevant service rendered by the person.

Factors

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

(a)        inability to obtain appropriate clinical management for relapsing polychondritis.

Factors that apply only to material contribution or aggravation

  1. Paragraph 5(a) applies only to material contribution to, or aggravation of, relapsing polychondritis where the person’s relapsing polychondritis was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

Other definitions

  1. For the purposes of this Statement of Principles:

“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 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

“relevant service” means:

(a)       eligible war service (other than operational service); or

(b)       defence service (other than hazardous service).

Dated this       Twenty-second         day of          January       1997

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of   )

KEN DONALD

CHAIRMAN

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