Statement of Principles concerning acute blepharitis No. 115 of 1995

Administered by Department of Veterans' Affairs

Legislation au F2005B02652 Not in force Legislative Instrument

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Statement of Principles

concerning

ACUTE BLEPHARITIS

Instrument No. 115 of 1995 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 18 October 2005
taking into account Amendment of Statement of Principles concerning ACUTE BLEPHARITIS (Instrument No. 19 of 2004)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Statement of Principles

concerning

ACUTE BLEPHARITIS

ICD CODE: 373.0

Veterans’ Entitlements Act 1986
subsection 196B(2)

  1. Being of the view that there is sound medical-scientific evidence that indicates that acute blepharitis and death from acute blepharitis 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 Act 1986, that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting acute blepharitis or death from acute blepharitis with the circumstances of that service, are:

 

(a)                contracting a bacterial infection of the eye immediately before the clinical onset of acute blepharitis; or

 

(b)               suffering from a viral infection of the eye immediately before the clinical onset of acute blepharitis; or

 

(c)                suffering from a fungal infection of the eye immediately before the clinical onset of acute blepharitis; or

 

(d)               suffering from an infestation of pubic lice in the region of the eye immediately before the clinical onset of acute blepharitis; or

 

(e)                suffering from an infestation of Demodex mites in the region of the eye immediately before the clinical onset of acute blepharitis; or

 

(f)                being a Prisoner of War immediately before the clinical onset of acute blepharitis; or

 

(g)               being exposed to allergens immediately before the clinical onset of acute blepharitis; or

 

(h)               being in an immuno-compromised state immediately before the clinical onset of acute blepharitis; or

 

(j)                 being exposed to mustard gas immediately before the clinical onset of acute blepharitis; or

 

(k)               being exposed to irritant substances immediately before the clinical onset of acute blepharitis; or

 

(m)             being exposed to ionising radiation immediately before the clinical onset of acute blepharitis; or

 

(n)               having a neoplasm of the eyelid immediately before the clinical onset of acute blepharitis; or

 

(o)               suffering from conjunctivitis before the clinical worsening of acute blepharitis; or

 

(p)               being in an immuno-compromised state before the clinical worsening of acute blepharitis; or

 

(q)               being exposed to irritant substances before the clinical worsening of acute blepharitis; or

 

(r)                suffering from xerophthalmia  before the clinical worsening of acute blepharitis; or

 

(s)                suffering from uveitis, scleritis or episcleritis before the clinical worsening of acute blepharitis; or

 

(t)                 suffering from a stye before the clinical worsening of acute blepharitis; or

 

(u)               inability to obtain appropriate clinical management for the acute blepharitis.

 

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

 

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

 

(a)                the person’s acute blepharitis 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 acute blepharitis 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:

 

“acute blepharitis” means an inflammation of the eyelid margins lasting for less than 6 weeks, attracting ICD code 373.0;

 

“allergens” means an antigenic substance capable of producing immediate-type hypersensitivity;

 

“conjunctivitis” means inflammation of the conjunctiva, generally consisting of conjunctival hyperaemia associated with a discharge, attracting ICD code 370.3 to 370.4 or 372.0 to 372.3;

 

Demodex mites” means a genus of mites which cause follicular mange;

 

“episcleritis” means inflammation of the tissues overlying the sclera, attracting ICD code 379.00;

 

“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472;

 

“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;

 

“ionising radiation” means alpha, beta, gamma, or X-rays;

 

“irritant substances” means substances causing an irritant effect such as dyes, oils, industrial chemicals, tobacco smoke or CS agent;

 

“mustard gas” means dichlorodiethylsulphide, and is also known as sulphur mustard or yellow cross liquid;

 

“pubic lice” means Phthirus pubis lice which infest the pubic area and may be transmitted to the eye lashes;

 

“scleritis” means inflammation of the sclera, attracting ICD code 379.00;

 

“stye” means a localised, purulent inflammatory staphylococcal infection of one of more sebaceous glands of the eyelid, attracting ICD code 373.11;

 

“uveitis” means inflammation of part or all of the uvea, the middle tunic of the eye, attracting ICD code 364;

 

“xerophthalmia” means dryness of the conjuctiva and cornea, attracting ICD code 372.53.


Notes to Statement of Principles concerning acute blepharitis (Instrument No. 115 of 1995)

The Statement of Principles concerning acute blepharitis (Instrument No. 115 of 1995) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning acute blepharitis (Instrument No. 115 of 1995)

15 March 1995

(see Gazette 1995, No. GN10)

15 March 1995

 

Amendment of Statement of Principles concerning acute blepharitis (Instrument No. 19 of 2004)

2 June 2004

(see Gazette 2004, No. GN22)

2 June 2004

 


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 4 – ‘irritant substances’ 

rs. Instrument  No.19 of 2004

 

Overview

The Statement of Principles concerning ACUTE BLEPHARITIS (Instrument No. 115 of 1995) was enacted under the Veterans’ Entitlements Act 1986 and serves to establish criteria that must be met before it can be reasonably hypothesised that acute blepharitis or death from acute blepharitis is related to service rendered by veterans, peacekeeping forces, or hazardous service in the Defence Force. The Repatriation Medical Authority, acting under the authority of the Act, has determined these criteria based on sound medical-scientific evidence. The purpose of this legislation is to ensure that veterans who may have contracted acute blepharitis or suffered from it during their service are provided with appropriate recognition and entitlements. The instrument outlines specific conditions, including exposure to various infections, infestations, allergens, and other environmental factors, which must be present before a connection can be made between the service and the condition. This legal framework aims to provide clarity and guidance for veterans seeking to claim benefits related to acute blepharitis, ensuring that they meet the necessary medical and service-related criteria. The policy objective is to facilitate fair and accurate recognition of service-related conditions, thereby supporting the welfare of affected veterans.

Scope and Application

The Statement of Principles concerning ACUTE BLEPHARITIS (Instrument No. 115 of 1995) applies to veterans who have contracted acute blepharitis or died from it, and are seeking to establish a link between their condition and their service rendered in operational, peacekeeping, or hazardous circumstances. The document outlines specific factors that must exist to establish a reasonable hypothesis connecting the condition with the service, such as contracting a bacterial, viral, or fungal infection of the eye, suffering from an infestation of pubic lice or Demodex mites in the region of the eye, or being exposed to allergens, irritant substances, or ionising radiation. The principles apply to veterans who served in various capacities, including members of Peacekeeping forces. The instrument is made under section 196B(2) of the Veterans’ Entitlements Act 1986 and has been amended to incorporate the Amendment of Statement of Principles concerning acute blepharitis (Instrument No. 19 of 2004). The principles apply nationally and are subject to the provisions of the Veterans’ Entitlements Act 1986, which governs the rights of veterans to certain benefits and pensions. The instrument does not provide any exclusions, exemptions, or thresholds. The application of the principles may be extended or restricted through subordinate instruments made under the Act.

Key Provisions

The Statement of Principles concerning Acute Blepharitis, as set out in Instrument No. 115 of 1995, provides a framework for determining a reasonable hypothesis connecting acute blepharitis or death from acute blepharitis with operational, peacekeeping, or hazardous service rendered by veterans or members of the Peacekeeping Forces. According to section 1 of the Statement, a reasonable hypothesis can be raised if at least one of the specified factors (paragraphs 1(a) to 1(u)) existed immediately before the clinical onset or clinical worsening of acute blepharitis. These factors include contracting a bacterial, viral, or fungal infection of the eye, suffering from an infestation of pubic lice or Demodex mites, being a Prisoner of War, exposure to allergens, being in an immuno-compromised state, exposure to mustard gas or irritant substances, exposure to ionising radiation, having a neoplasm of the eyelid, suffering from conjunctivitis, being in an immuno-compromised state, exposure to irritant substances, suffering from xerophthalmia, suffering from uveitis, scleritis, or episcleritis, suffering from a stye, or inability to obtain appropriate clinical management for the acute blepharitis (section 1(a) to 1(u)). The factors in paragraphs 1(o) to 1(u) apply only if the acute blepharitis was contracted before the relevant period of service, and the relationship between the condition and the service is as outlined in specified sections of the Veterans’ Entitlements Act 1986 (section 3). The obligations imposed on the parties by this Statement of Principles primarily involve providing evidence to support the connection between the acute blepharitis and the specified service factors. Claimants or their representatives must present relevant medical evidence demonstrating that one or more of the factors listed in section 1 were present before the onset or worsening of acute blepharitis and were related to their service. This evidence must be provided to the Repatriation Medical Authority for assessment. The Statement of Principles also imposes an obligation on the Repatriation Medical Authority to assess the provided evidence and determine whether a reasonable hypothesis can be raised under the specified conditions (section 1 and 2). Failure to comply with the requirements set out in the Statement of Principles may result in the rejection of a claim for benefits related to acute blepharitis. There are no specific offences, penalties, or civil/criminal consequences outlined for breaches of this Statement of Principles. However, any misrepresentation or provision of false information in the claims process could potentially lead to administrative penalties or legal consequences under other relevant laws governing the making of false statements or fraudulent claims.

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