Statement of Principles concerning aortic stenosis No. 55 of 2002

Administered by Department of Veterans' Affairs

Legislation au F2005B02089 Not in force Legislative Instrument

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Instrument No.55 of 2002

 

Revocation and Determination

of

Statement of Principles

concerning

AORTIC STENOSIS

ICD-10-AM codeS: I35.0, I35.2

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.6 of 2000; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about aortic stenosis and death from aortic stenosis.

 

(b)              For the purposes of this Statement of Principles, “aortic stenosis” means obstruction to flow across the aortic valve during left ventricular systole.  This definition excludes:

(i)                aortic stenosis due to rheumatic heart disease;

(ii)              aortic valve sclerosis or aortic valve calcification that does not lead to obstruction of blood flow across the aortic valve;

(iii)           obstruction to flow across the aortic valve from narrowing of the supravalvular or subvalvular regions; and

(iv)            congenital stenosis of aortic valve.

 

Aortic stenosis attracts ICD-10-AM code I35.0 or I35.2.

Basis for determining the factors

3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that aortic stenosis and death from aortic stenosis can be related to relevant service rendered by veterans or members of the Forces.

 

Factors that must be related to service

4. 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

5. The factors that must exist before it can be said that, on the balance of probabilities, aortic stenosis or death from aortic stenosis is connected with the circumstances of a person’s relevant service are:

 

(a) suffering from infective endocarditis before the clinical onset of aortic stenosis; or

 

(b) suffering from systemic lupus erythematosus before the clinical onset of aortic stenosis; or

 

(c) undergoing a course of therapeutic radiation involving the mediastinum or the chest wall region overlying the heart before the clinical onset of aortic stenosis; or

 

(d)              suffering from chronic renal failure requiring renal dialysis or renal transplantation before the clinical onset of aortic stenosis; or

 

(e)               suffering from infective endocarditis before the clinical worsening of aortic stenosis; or

 

(f) suffering from systemic lupus erythematosus before the clinical worsening of aortic stenosis; or

 

(g) undergoing a course of therapeutic radiation involving the mediastinum or the chest wall region overlying the heart before the clinical worsening of aortic stenosis; or

 

(h) suffering from chronic renal failure requiring renal dialysis or renal transplantation before the clinical worsening of aortic stenosis; or

 

(i) inability to obtain appropriate clinical management for aortic stenosisaortic stenosis.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(e) to 5(i) apply only to material contribution to, or aggravation of, aortic stenosis where the person’s aortic stenosis 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.

 

Inclusion of Statements of Principles

7. 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

8. For the purposes of this Statement of Principles:

 

“a course of therapeutic radiation” means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;

 

“death from aortic stenosis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s aortic stenosis;

 

“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.  Where in this Statement of Principles an ICD code is referenced, such reference is not to constrain or limit the proper meaning of the definition or words preceding the alphanumeric code reference;

 

“infective endocarditis” means inflammation of the endocardium caused by infection with microorganisms;

 

“relevant service” means:

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

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

 

“systemic lupus erythematosus” means a connective tissue disease in which cells are damaged by pathogenic autoantibodies and immune complexes;

 

“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

9. This Instrument applies to all matters to which section 120B of the Act applies.

 

 

Dated this Sixth day of  August   2002

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

KEN DONALD

CHAIRMAN

Overview

The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act) has issued a legislative instrument revoking Instrument No. 6 of 2000 and determining a new Statement of Principles concerning aortic stenosis. This legislative instrument addresses the problem of ensuring clarity and consistency in the recognition of aortic stenosis as a service-related condition for veterans' entitlements, by replacing outdated or ambiguous provisions with a more precise set of criteria. The objective of the Statement of Principles is to provide a clear framework for determining the factors that link aortic stenosis and death from aortic stenosis to relevant military service, thereby facilitating the assessment and approval of veterans' claims. The Authority's determination is based on the sound medical-scientific evidence available, asserting that it is more probable than not that aortic stenosis and death from aortic stenosis can be related to relevant service rendered by veterans or members of the Forces. This legislative instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies, ensuring that the updated Statement of Principles is uniformly applied across all relevant cases. The Authority's decision aims to provide a transparent and evidence-based approach to the recognition of service-related aortic stenosis, supporting the policy objective of fairly compensating veterans for injuries and diseases contracted or aggravated during their service.

Scope and Application

The Statement of Principles concerning Aortic Stenosis, established under the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Forces who may have developed aortic stenosis or died from aortic stenosis in relation to their service. This legislative instrument is specifically concerned with the circumstances under which aortic stenosis can be considered related to relevant service, thereby affecting the eligibility for certain benefits and compensations. The instrument revokes the previous Statement of Principles, Instrument No.6 of 2000, and sets out new criteria for determining the connection between aortic stenosis and relevant service. The scope of the legislation is national, as it pertains to the Commonwealth of Australia and applies to all matters governed by section 120B of the Veterans’ Entitlements Act 1986. Certain conditions, such as aortic stenosis due to rheumatic heart disease or congenital stenosis, are explicitly excluded from the definition of aortic stenosis for the purposes of this Statement of Principles. The instrument allows for the inclusion of other Statements of Principles where relevant, and outlines specific factors that must be related to service for a claim to be considered, such as suffering from particular diseases or undergoing therapeutic radiation before the clinical onset or worsening of aortic stenosis.

Key Provisions

The main operative sections of this legislative instrument focus on the revocation of a previous instrument and the establishment of a new Statement of Principles concerning aortic stenosis under the Veterans’ Entitlements Act 1986 (the Act). Section 1 revokes Instrument No.6 of 2000 and replaces it with this new Statement of Principles about aortic stenosis and death from aortic stenosis. This new statement defines aortic stenosis as an obstruction to blood flow across the aortic valve during left ventricular systole, excluding certain conditions like rheumatic heart disease or congenital stenosis (Section 2). The instrument also provides a basis for determining that aortic stenosis and death from aortic stenosis can be related to relevant service by veterans or members of the Forces, as stated in Section 3. The obligations imposed by this Act include the necessity for at least one factor listed in Section 5 to be related to the relevant service rendered by the person for the aortic stenosis to be connected to the service circumstances. The factors include suffering from certain conditions or undergoing specific treatments before the clinical onset or worsening of aortic stenosis (Section 5). Paragraphs 5(e) to 5(i) apply only to material contribution or aggravation of aortic stenosis if the stenosis was suffered or contracted before or during the relevant service (Section 6). Furthermore, if a relevant factor includes an injury or disease in respect of which there is a Statement of Principles, then the factors in that Statement apply (Section 7). The legislative instrument does not explicitly state offences, penalties, or consequences for breaches. However, under the general provisions of the Veterans’ Entitlements Act 1986, breaches of the Act can lead to civil or criminal penalties. These could include fines, imprisonment, or both, depending on the nature and severity of the breach. The maximum penalties are not specified within this instrument but would be determined according to the relevant sections of the primary Act. The Act provides a framework for ensuring that the provisions of the Statement of Principles are followed correctly, with potential legal repercussions for non-compliance.

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