Statement of Principles concerning chronic blepharitis No. 117 of 1995

Administered by Department of Veterans' Affairs

Legislation au F2005B02662 Not in force Legislative Instrument

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Statement of Principles

concerning

CHRONIC BLEPHARITIS

Instrument No. 117 of 1995 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 22 November 2005
taking into account Amendment of Statement of Principles concerning CHRONIC BLEPHARITIS (Instrument No. 21 of 2004)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Statement of Principles

concerning

CHRONIC 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 chronic blepharitis and death from chronic 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 chronic blepharitis or death from chronic blepharitis with the circumstances of that service, are:

 

(a) suffering from seborrhoeic dermatitis at the time of the clinical onset of chronic blepharitis; or

 

(b) suffering from ocular rosacea at the time of the clinical onset of chronic blepharitis; or

 

(c) suffering from Parkinson's Disease at the time of the clinical onset of chronic blepharitis; or

 

(d) suffering from Sezary's syndrome at the time of the clinical onset of chronic blepharitis; or

 

(e) suffering from conjunctivitis before the clinical worsening of chronic blepharitis; or

 

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

 

(g) being exposed to irritant substances before the clinical worsening of chronic blepharitis; or

 

(h) suffering from xerophthalmia  before the clinical worsening of chronic blepharitis; or

 

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

 

(k) suffering from a stye before the clinical worsening of chronic blepharitis; or

 

(m) inability to obtain appropriate clinical management for the chronic blepharitis.

 

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

 

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

 

(a) the person’s chronic 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 chronic 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:

 

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

 

“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;

 

“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;

 

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

 

“ocular rosacea” means a chronic hyperemic disease of the skin involving the eye, attracting ICD code 695.3;

 

“Parkinson's disease” means a slowly progressive disease characterised by masklike facies, a characteristic tremoring of resting muscles, a slowing of voluntary movements, a festinating gait, peculiar posture and weakening of muscles, attracting ICD code 332.0;

 

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

 

“seborrhoeic dermatitis” means a chronic inflammatory disease of the skin characterised by exfoliation and pruritus, attracting ICD code 690;

 

“Sezary's syndrome” means a form of cutaneous T-cell lymphoma manifested by generalised exfoliative erythroderma, intense pruritis, peripheral lymphadenopathy and abnormal hyperchromatic mononuclear cells in the skin, lymph nodes attracting ICD code 202.2;

 

“stye” 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 chronic blepharitis (Instrument No. 117 of 1995)

The Statement of Principles concerning chronic blepharitis (Instrument No. 117 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 chronic blepharitis (Instrument No. 117 of 1995)

15 March 1995

(see Gazette 1995, No. GN10)

15 March 1995

 

Amendment of Statement of Principles concerning chronic blepharitis (Instrument No. 21 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.21 of 2004

 

Overview

The Statement of Principles concerning Chronic Blepharitis, Instrument No. 117 of 1995, was made under section 196B(2) of the Veterans’ Entitlements Act 1986, and was introduced to address the issue of establishing a connection between chronic blepharitis or death from chronic blepharitis and service rendered by veterans, peacekeeping forces, and hazardous service personnel. This legislative instrument was enacted to ensure that there is sound medical-scientific evidence supporting such a connection. The Repatriation Medical Authority, which prepared the statement, identifies several factors that must exist before a reasonable hypothesis can be raised linking chronic blepharitis or its fatal outcomes with the service circumstances. This includes specific pre-existing conditions and exposures that must be related to the service in question. The policy objective is to provide clarity and criteria for veterans and their representatives to understand and substantiate claims related to chronic blepharitis, ensuring that they receive appropriate benefits and recognition.

Scope and Application

The Statement of Principles concerning Chronic Blepharitis, which is governed under subsection 196B(2) of the Veterans’ Entitlements Act 1986, applies specifically to veterans, members of peacekeeping forces, and members of the Forces who have rendered operational, peacekeeping, or hazardous service. The focus is on establishing a connection between chronic blepharitis or death from chronic blepharitis and the service circumstances of these individuals. The principles outlined in the Statement of Principles require at least one of the specified factors, such as suffering from certain conditions at the time of the clinical onset of chronic blepharitis or exposure to specific irritants, to be related to the service in question. This legislation is jurisdictional in nature, applying under the Commonwealth of Australia. The Act does not explicitly state any exclusions, exemptions, or thresholds, but the connection between the service and the condition must be substantiated by sound medical-scientific evidence. The application of this Act may be extended or restricted through subordinate instruments, as evidenced by the amendments listed, which adjust specific provisions such as the definition of irritant substances.

Key Provisions

The main operative sections of the Statement of Principles concerning Chronic Blepharitis (Instrument No. 117 of 1995) as amended, under subsection 196B(2) of the Veterans’ Entitlements Act 1986, detail the specific factors that must exist to establish a connection between chronic blepharitis or death from chronic blepharitis and the service circumstances of veterans, peacekeeping forces, and hazardous service members. Section 1 outlines the factors, such as suffering from seborrhoeic dermatitis or ocular rosacea at the time of the clinical onset of chronic blepharitis, or being exposed to irritant substances before the clinical worsening of the condition. Section 2 mandates that at least one of these factors must relate to the service in question. Section 3 specifies that certain factors only apply if the chronic blepharitis was contracted before the service period and if the relationship between the condition and the service is as outlined in specific paragraphs of the Act. The Statement imposes several obligations on the parties it governs. Primarily, it requires that claimants provide evidence of at least one of the listed factors relating to their service. This evidence must demonstrate a connection between the service and the onset or worsening of chronic blepharitis, as per the criteria outlined in the Statement. Claimants must also ensure that any pre-existing conditions or exposures are adequately documented and linked to their service history. The Statement also necessitates that medical evidence be provided to substantiate the presence of these factors and the connection to the service, adhering to the definitions and classifications specified in the instrument. Breach of the obligations outlined in the Statement of Principles may lead to civil or criminal consequences, depending on the nature and intent of the breach. While the Statement itself does not explicitly enumerate specific offences or penalties, any misrepresentation or fraudulent claims in relation to the entitlements provided by the Veterans’ Entitlements Act 1986 could potentially lead to legal actions under general fraud provisions. Such actions might result in penalties including fines and imprisonment, as stipulated under the relevant sections of the Criminal Code Act 1995. The maximum penalties for fraud offences can vary, but they can include substantial fines and imprisonment terms depending on the severity and intent of the offence.

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