Statement of Principles concerning atherosclerotic peripheral vascular disease No. 66 of 2002

Administered by Department of Veterans' Affairs

Legislation au F2005B02124 Not in force Legislative Instrument

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Instrument No.66 of 2002

 

Revocation and Determination

of

Statement of Principles

concerning

 

ATHEROSCLEROTIC PERIPHERAL VASCULAR DISEASE

 

ICD-10-AM CODE: I70.2

 

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.88 of 1995; 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 atherosclerotic peripheral vascular disease and death from atherosclerotic peripheral vascular disease.

 

(b) For the purposes of this Statement of Principles, “atherosclerotic peripheral vascular disease” means partial or total occlusion of the arterial supply to the extremities caused by atherosclerosis and which results in any of the following clinical manifestations:

(i)                intermittent claudication;

(ii)              rest pain;

(iii)           reduced arterial pulsation;

(iv)            bruit over a narrowed artery;

(v)              signs of chronic limb ischaemia (subcutaneous atrophy, hair loss, thickened nails, smooth and shiny skin, coolness, pallor, cyanosis, or dependent rubor);

(vi)            ulceration;

(vii)         necrosis;

(viii)       gangrene;

(ix)            ischaemic neuritis; or

(x)              ankle-brachial systolic blood pressure index of 0.9 or less.

 

Atherosclerotic peripheral vascular disease attracts ICD-10-AM code I70.2.

 

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 atherosclerotic peripheral vascular disease and death from atherosclerotic peripheral vascular disease 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, atherosclerotic peripheral vascular disease or death from atherosclerotic peripheral vascular disease is connected with the circumstances of a person’s relevant service are:

 

(a)               smoking at least five cigarettes per day or the equivalent thereof in other tobacco products, for at least three years before the clinical onset of atherosclerotic peripheral vascular disease and where smoking has ceased, the clinical onset has occurred within 10 years of cessation; or

 

(b)               suffering from diabetes mellitus before the clinical onset of atherosclerotic peripheral vascular disease; or

 

(c)               the presence of hypertension before the clinical onset of atherosclerotic peripheral vascular disease; or

 

(d)               the presence of dyslipidaemia before the clinical onset of atherosclerotic peripheral vascular disease; or

 

(e)               suffering from hyperhomocystinaemia before the clinical onset of atherosclerotic peripheral vascular disease; or

 

(f)                suffering from chronic renal disease before the clinical onset of atherosclerotic peripheral vascular disease; or

 

(g)               undergoing a course of therapeutic radiation to the affected region before the clinical onset of atherosclerotic peripheral vascular disease; or

 

(h)               smoking at least five cigarettes per day or the equivalent thereof in other tobacco products, for at least three years before the clinical worsening of atherosclerotic peripheral vascular disease and where smoking has ceased, the clinical worsening has occurred within 10 years of cessation; or

 

(i)                 suffering from diabetes mellitus before the clinical worsening of atherosclerotic peripheral vascular disease; or

 

(j)                 the presence of hypertension before the clinical worsening of atherosclerotic peripheral vascular disease; or

 

(k)               the presence of dyslipidaemia before the clinical worsening of atherosclerotic peripheral vascular disease; or

 

(l)                 suffering from hyperhomocystinaemia before the clinical worsening of atherosclerotic peripheral vascular disease; or

 

(m)            suffering from chronic renal disease before the clinical worsening of atherosclerotic peripheral vascular disease; or

 

(n)               undergoing a course of therapeutic radiation to the affected region before the clinical worsening of atherosclerotic peripheral vascular disease; or

 

(o)               inability to maintain good foot hygiene before the clinical worsening of atherosclerotic peripheral vascular disease; or

 

(p)               suffering trauma to the lower limbs before the clinical worsening of atherosclerotic peripheral vascular disease; or

 

(q)               inability to obtain appropriate clinical management for atherosclerotic peripheral vascular disease.


Factors that apply only to material contribution or aggravation

6. Paragraphs 5(h) to 5(q) apply only to material contribution to, or aggravation of, atherosclerotic peripheral vascular disease where the person’s atherosclerotic peripheral vascular disease 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;

 

“chronic renal disease” means renal injury of a sustained nature that is not reversible and leads to destruction of nephron mass and is associated with a demonstrable functional abnormality of the kidney which raises the level of creatinine;

 

“cigarettes per day or the equivalent thereof in other tobacco products” means either cigarettes, pipe tobacco or cigars, alone or in any combination where one tailor made cigarette approximates one gram of tobacco; or one gram of cigar, pipe or other smoking tobacco by weight;

 

“death from atherosclerotic peripheral vascular disease” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s atherosclerotic peripheral vascular disease;

 


“dyslipidaemia” generally means evidence of a persistently abnormal lipid profile after the accurate evaluation of serum lipids following a 12 hour overnight fast, and estimated on a minimum of two occasions as a:

 total serum cholesterol level greater than or equal to 5.5 mmol/L; or

 fasting serum triglyceride level greater than or equal to 2.0 mmol/L together with high density lipoprotein cholesterol level less than 0.9 mmol/L;

 

Note: the source for this definition is:  NHF Australia, Guide to Plasma Lipids for Doctors;

    Current Therapeutics, Vol 33 Supplement 1, 1992.

 

“hyperhomocystinaemia” means a condition characterised by an excess of homocystine in the blood;

 

“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;

 

“relevant service” means:

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

(b) defence service (other than 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

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

 


Dated this Tenth day of October 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 the provisions of the Veterans’ Entitlements Act 1986, has revoked Instrument No. 88 of 1995 and determined a new Statement of Principles concerning atherosclerotic peripheral vascular disease, effective from October 10, 2002. This legislative instrument addresses the problem of linking atherosclerotic peripheral vascular disease, including death from this condition, with the service rendered by veterans or members of the Forces. The Statement of Principles outlines that, based on available medical-scientific evidence, it is more probable than not that atherosclerotic peripheral vascular disease can be related to relevant service. The determination includes a comprehensive list of factors that must exist for the disease or death to be connected with the circumstances of a person's service, ranging from smoking habits and pre-existing medical conditions to therapeutic radiation and trauma to the lower limbs. The policy objective is to ensure that veterans and members of the Forces who suffer from atherosclerotic peripheral vascular disease receive appropriate recognition and entitlements under the Act.

Scope and Application

The Legislative Instrument No.66 of 2002 under the Veterans’ Entitlements Act 1986 pertains to the revocation and determination of a Statement of Principles concerning atherosclerotic peripheral vascular disease, a condition affecting the arterial supply to the extremities caused by atherosclerosis. This Statement of Principles applies to veterans and members of the Australian Defence Force who have served in relevant capacities, as defined by the Act. The Instrument revokes the previous Instrument No.88 of 1995 and establishes new criteria for the recognition of atherosclerotic peripheral vascular disease as a service-related condition. It specifies that at least one of the listed factors must be related to the person's service, with these factors including smoking habits, pre-existing conditions such as diabetes mellitus, hypertension, dyslipidaemia, hyperhomocystinaemia, chronic renal disease, and exposure to therapeutic radiation, among others. Additionally, the Instrument clarifies the definitions of terms used within the Statement of Principles, ensuring that all relevant parties have a clear understanding of the conditions and circumstances covered. This legislative instrument extends the application to all matters covered under section 120B of the Act, thereby affecting the eligibility and recognition of service-related atherosclerotic peripheral vascular disease for affected individuals.

Key Provisions

The legislative instrument F2005B02124, made under the Veterans’ Entitlements Act 1986, primarily focuses on the revocation and replacement of a previous instrument concerning atherosclerotic peripheral vascular disease (APVD) (sections 1 and 2). Specifically, it revokes Instrument No. 88 of 1995 and establishes a new Statement of Principles regarding APVD and death from APVD. This Statement of Principles defines APVD as partial or total occlusion of the arterial supply to the extremities caused by atherosclerosis, which can manifest in several clinical symptoms such as intermittent claudication, rest pain, reduced arterial pulsation, and others listed in section 2(b). It also assigns the ICD-10-AM code I70.2 to APVD. Under the new Statement of Principles, the Repatriation Medical Authority asserts that it is more probable than not that APVD and death from APVD can be related to relevant service rendered by veterans or members of the Forces, based on available medical-scientific evidence (section 3). To establish a connection between APVD or death from APVD and relevant service, at least one of the factors outlined in section 5 must be related to the service, subject to the provisions in section 6 (section 4). These factors include smoking, diabetes mellitus, hypertension, dyslipidaemia, hyperhomocystinaemia, chronic renal disease, therapeutic radiation, poor foot hygiene, trauma to the lower limbs, and failure to obtain appropriate clinical management for APVD, each of which must exist before or during the clinical onset or worsening of APVD (section 5). Notably, paragraphs 5(h) to 5(q) apply only to material contribution to or aggravation of APVD where the disease was already present before or during service (section 6). The obligations imposed by this instrument require that claimants provide evidence of the factors listed in section 5 being related to their relevant service. This includes medical documentation and other relevant evidence to support the claim that these factors contributed to or aggravated APVD. If a relevant factor includes an injury or disease with an existing Statement of Principles, the terms of that Statement of Principles also apply (section 7). Additionally, claimants must ensure that their case is within the scope of the Act, particularly as it relates to the definitions of "relevant service" and "terminal event" provided in section 8. Failure to comply with the requirements set out in this instrument could result in the denial of benefits or entitlements related to APVD and death from APVD under the Veterans’ Entitlements Act 1986. While the instrument itself does not explicitly state penalties for non-compliance, breaches of related provisions in the Act or other legislative requirements could result in civil or criminal consequences, depending on the nature and severity of the breach.

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