Statement of Principles concerning carotid arterial disease No. 10 of 2003

Administered by Department of Veterans' Affairs

Legislation au F2005B02724 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

CAROTID ARTERIAL DISEASE

Instrument No. 10 of 2003 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 20 October 2005
taking into account Amendment of Statement of Principles concerning CAROTID ARTERIAL DISEASE (Instrument No. 30 of 2003)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Revocation and Determination

of

Statement of Principles

concerning

 

CAROTID ARTERIAL DISEASE

 

 

 

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.347 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 carotid arterial disease and death from carotid arterial disease.

 

(b)              For the purposes of this Statement of Principles, “carotid arterial disease” means the

(i)                occlusion or stenosis of the common, internal or external carotid artery due to atherosclerosis, dissection or other pathological process involving that artery, or

(ii)             aneurysm of the common, internal or external carotid artery.

 

(c) Carotid arterial disease attracts ICD-10-AM code I65.2 or I72.0

 

(d) In the application of this Statement of Principles, the definition of “carotid arterial disease” is that given at para 2(b) above.

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

 

(a)               the presence of hypertension before the clinical onset of carotid arterial disease; or

 

(b)              the presence of dyslipidaemia before the clinical onset of carotid arterial disease; or

 

(c)               suffering from diabetes mellitus before the clinical onset of carotid arterial disease; or

 

(d)              smoking at least 20 pack years of cigarettes or the equivalent thereof in other tobacco products, before the clinical onset of carotid arterial disease and where smoking has ceased the clinical onset has occurred within 30 years of cessation; or

 

(e)               for dissection of the common, internal or external carotid artery only, suffering trauma to the neck or the base of the skull within the 12 months immediately before the clinical onset of carotid arterial disease; or

 

(f)                for aneurysm of the common, internal or external carotid artery only, suffering trauma to the affected segment of the artery before the clinical onset of carotid arterial disease; or

 

(g)              undergoing a course of therapeutic radiation to the neck or the head before the clinical onset of carotid arterial disease; or

 

(h)              suffering from hyperhomocystinaemia at the time of the clinical onset of carotid arterial disease; or

 

(i)                suffering from infective or noninfective vasculitis of the affected segment of the artery at the time of the clinical onset of carotid arterial disease; or

 

(j)                suffering from fibromuscular dysplasia or a connective tissue disorder, involving the affected segment of the artery at the time of the clinical onset of carotid arterial disease; or

 

(k)              the presence of hypertension before the clinical worsening of carotid arterial disease; or

 

(l)                the presence of dyslipidaemia before the clinical worsening of carotid arterial disease; or

 

(m)            suffering from diabetes mellitus before the clinical worsening of carotid arterial disease; or

 

(n)              smoking at least 20 pack years of cigarettes or the equivalent thereof in other tobacco products, before the clinical worsening of carotid arterial disease and where smoking has ceased the clinical worsening has occurred within 30 years of cessation; or

 

(o)              for dissection of the common, internal or external carotid artery only, suffering trauma to the neck or the base of the skull within the 12 months immediately before the clinical worsening of carotid arterial disease; or

 

(p)              for aneurysm of the common, internal or external carotid artery only, suffering trauma to the affected segment of the artery before the clinical worsening of carotid arterial disease; or

 

(q)              undergoing a course of therapeutic radiation to the neck or the head before the clinical worsening of carotid arterial disease; or

 

(r)                suffering from hyperhomocystinaemia at the time of the clinical worsening of carotid arterial disease; or

 

(s)               suffering from infective or noninfective vasculitis of the affected segment of the artery at the time of the clinical worsening of carotid arterial disease; or

 

(t)                suffering from fibromuscular dysplasia or a connective tissue disorder, involving the affected segment of the artery at the time of the clinical worsening of carotid arterial disease; or

 

(u)              inability to obtain appropriate clinical management for carotid arterial disease.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(k) to 5(u) apply only to material contribution to, or aggravation of, carotid arterial disease where the person’s carotid arterial 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;

 

“connective tissue disorder” means Ehlers-Danlos syndrome, Marfan’s syndrome or cystic medial necrosis;

 

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

 

“pack years of cigarettes or the equivalent thereof in other tobacco products” means a calculation of consumption where one pack year of cigarettes equals twenty tailor made cigarettes per day for a period of one calendar year, or 7 300 cigarettes.  One tailor made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight.  One pack year of tailor made cigarettes equates to 7 300 cigarettes, or 7.3kg of smoking tobacco by weight.  Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;

 

“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;

 

“trauma to the neck or the base of the skull” means

(i)                a penetrating injury to the affected segment of the artery, or

(ii)              a non-penetrating injury, involving extension or hyperflexion of the neck, or

(iii)           an injury resulting in fracture or dislocation of the cervical spine;

 

“trauma to the affected segment of the artery” means

(i)                a penetrating injury to the affected segment of the artery, or

(ii)              a blunt injury resulting in soft tissue injury adjacent to the affected segment of the artery.

 

Application

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

 


Notes to Statement of Principles concerning carotid arterial disease (Instrument No. 10 of 2003)

The Statement of Principles concerning carotid arterial disease (Instrument No. 10 of 2003) in force under section 196B(3) 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 carotid arterial disease (Instrument No. 10 of 2003)

16 April 2003

(see Gazette 2003, No. GN15)

16 April 2003

 

Amendment of Statement of Principles concerning carotid arterial disease (Instrument No. 30 of 2003)

16 July 2003

(see Gazette 2003, No. GN28)

16 July 2003

 


Table of Amendments

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

Provision affected

How affected

Paragraph 8 – ‘trauma to the site of the aneurysm’ 

rs. Instrument  No.30 of 2003

 

Overview

The Statement of Principles concerning Carotid Arterial Disease, Instrument No. 10 of 2003, was enacted under section 196B(3) of the Veterans’ Entitlements Act 1986 to address the issue of determining the connection between carotid arterial disease and death from such disease in veterans or members of the Forces. The Repatriation Medical Authority determined that it is more probable than not that carotid arterial disease and death from such disease can be related to relevant service rendered by veterans or members of the Forces. This legislative instrument outlines the factors that must be related to service and must exist before it can be said that, on the balance of probabilities, carotid arterial disease or death from carotid arterial disease is connected with the circumstances of a person’s relevant service. The policy objective is to provide clarity and guidance for veterans and their representatives when applying for benefits related to carotid arterial disease under the Veterans' Entitlements Act 1986.

Scope and Application

The Statement of Principles concerning Carotid Arterial Disease, made under section 196B(3) of the Veterans’ Entitlements Act 1986, applies to all matters to which section 120B of the Act applied. This legislation specifically addresses carotid arterial disease and death from carotid arterial disease in veterans and members of the Australian Defence Force. Carotid arterial disease is defined as the occlusion or stenosis of the common, internal or external carotid artery due to atherosclerosis, dissection or other pathological processes, or aneurysm of these arteries. The Statement of Principles sets out the factors that must be related to relevant service rendered by veterans to establish a connection between their service and the carotid arterial disease or death. These factors include the presence of hypertension, dyslipidaemia, diabetes mellitus, smoking history, trauma, therapeutic radiation, hyperhomocystinaemia, vasculitis, and fibromuscular dysplasia, among others. The Statement of Principles also specifies that certain factors apply only to material contribution to, or aggravation of, carotid arterial disease where the disease was suffered or contracted before or during relevant service. The Act may extend or restrict its application through subordinate instruments, as seen with the amendment of the original Statement of Principles in 2003. This legislation provides a framework for veterans and members of the Australian Defence Force to seek compensation and benefits for carotid arterial disease or death related to their service. By establishing a connection between the disease or death and relevant service, veterans can access the support and benefits they deserve under the Veterans’ Entitlements Act 1986. The Statement of Principles concerning Carotid Arterial Disease serves as a crucial tool for assessing claims and ensuring that eligible individuals receive the assistance they need.

Key Provisions

The Statement of Principles concerning Carotid Arterial Disease (Instrument No. 10 of 2003) under section 196B(3) of the Veterans’ Entitlements Act 1986 outlines the conditions under which carotid arterial disease and death from carotid arterial disease can be considered connected to relevant service rendered by veterans or members of the Defence Force. This legislative instrument revokes Instrument No. 347 of 1995 and determines a new set of principles regarding carotid arterial disease. The definition of "carotid arterial disease" includes occlusion or stenosis of the common, internal, or external carotid artery due to various pathological processes or aneurysms of these arteries. For the purposes of this statement, "carotid arterial disease" corresponds to ICD-10-AM codes I65.2 or I72.0. The Repatriation Medical Authority has determined that it is more probable than not that carotid arterial disease and death from this disease can be related to relevant service. The Statement of Principles requires that at least one of the specified factors must be related to the person’s service for a connection to be established. These factors include the presence of conditions such as hypertension, dyslipidaemia, or diabetes mellitus before the clinical onset of the disease, smoking history, trauma to the neck or base of the skull, therapeutic radiation, hyperhomocystinaemia, vasculitis, fibromuscular dysplasia, or connective tissue disorders. The factors also apply to the material contribution to or aggravation of carotid arterial disease, where the disease was suffered or contracted before or during service. The obligations imposed by this Act on the parties involved include the requirement to provide evidence that links the carotid arterial disease to relevant service by demonstrating the presence of one or more of the specified factors. The legislation also requires that, if a relevant factor includes an injury or disease with an existing Statement of Principles, the factors in that Statement of Principles must be applied accordingly. The definitions provided clarify terms such as "course of therapeutic radiation," "connective tissue disorder," and "relevant service," ensuring that all parties understand the scope and application of the legislation. Breach of the provisions outlined in the Statement of Principles could lead to civil or criminal consequences, although the specific penalties are not detailed within this legislative instrument. The consequences would depend on the context of the breach, such as misrepresentation of service-related factors to claim entitlements. Such breaches could result in legal actions, fines, or other penalties as prescribed under the relevant sections of the Veterans’ Entitlements Act 1986 or other applicable laws.

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