Statement of Principles concerning chronic blepharitis No. 118 of 1995

Administered by Department of Veterans' Affairs

Legislation au F2005B02664 Not in force Legislative Instrument

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Statement of Principles

concerning

CHRONIC BLEPHARITIS

Instrument No. 118 of 1995 as amended

made under section 196B(3) 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. 22 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(3)

1. Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that chronic blepharitis and death from chronic blepharitis can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, that the factors that must exist before it can be said that, on the balance of probabilities, chronic blepharitis or death from chronic blepharitis is connected 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), or 70(5)(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 tremor 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. 118 of 1995)

The Statement of Principles concerning chronic blepharitis (Instrument No. 118 of 1995) 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 chronic blepharitis (Instrument No. 118 of 1995)

15 March 1995

(see Gazette 1995, No. GN10)

15 March 1995

 

Amendment of Statement of Principles concerning chronic blepharitis (Instrument No. 22 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.22 of 2004

 

Overview

The Statement of Principles concerning Chronic Blepharitis (Instrument No. 118 of 1995) was enacted under subsection 196B(3) of the Veterans’ Entitlements Act 1986. It was introduced to address the problem of establishing a connection between chronic blepharitis and war or defence service, thereby ensuring that veterans and members of the Forces who developed chronic blepharitis during their service can receive appropriate compensation. The enacting body was the Repatriation Medical Authority, which determined that chronic blepharitis can be related to eligible war service or defence service based on specific factors such as suffering from seborrhoeic dermatitis, ocular rosacea, Parkinson's Disease, or being exposed to irritant substances before the clinical worsening of chronic blepharitis. The policy objective is to provide a clear framework for determining the connection between chronic blepharitis and the relevant service to facilitate the granting of benefits to affected individuals.

Scope and Application

The Statement of Principles concerning Chronic Blepharitis, as made under section 196B(3) of the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Forces who have contracted chronic blepharitis, a condition defined as an inflammation of the eyelid margins lasting more than six weeks, during or following their service. This legislative instrument outlines the specific conditions that must exist for a connection to be established between chronic blepharitis and the veteran's or member's service, such as suffering from particular conditions at the onset of the disease or being exposed to certain irritant substances prior to the clinical worsening of the condition. This Statement of Principles is applicable nationally within Australia, governing the assessment and recognition of chronic blepharitis related to military service for the purposes of veterans' entitlements. It specifies that at least one of the enumerated factors must be related to the service for a connection to be established, with certain factors only applicable if the chronic blepharitis was contracted before the relevant period of service. The Statement of Principles may be amended through subordinate instruments, as evidenced by the Amendment of Statement of Principles concerning Chronic Blepharitis (Instrument No. 22 of 2004), reflecting changes in medical-scientific evidence and understanding of the condition.

Key Provisions

The Statement of Principles concerning Chronic Blepharitis (Instrument No. 118 of 1995), under the Veterans’ Entitlements Act 1986, outlines the specific factors that must be present for a connection between chronic blepharitis and eligible war or defence service to be considered valid (section 1). These factors include suffering from conditions such as seborrhoeic dermatitis, ocular rosacea, Parkinson's Disease, Sezary's syndrome, conjunctivitis, or being in an immuno-compromised state at the time of the clinical onset of chronic blepharitis, or being exposed to irritant substances, suffering from xerophthalmia, uveitis, scleritis, episcleritis, or a stye before the clinical worsening of chronic blepharitis, or having an inability to obtain appropriate clinical management for the condition (section 1(a)-(m)). At least one of these factors must be related to any service rendered by a person for the connection to be considered (section 2). The Act imposes obligations on veterans and members of the Forces to provide evidence of the presence of one or more of the specified factors at the relevant times, in relation to their service. This evidence must be provided to substantiate a claim for connection between chronic blepharitis and their service, thereby qualifying for benefits under the Veterans’ Entitlements Act 1986. The onus is on the claimant to furnish medical and service records that demonstrate the presence of these factors and their relation to the service. Breach of the requirements set out in this legislation does not explicitly mention specific offences, penalties, or civil/criminal consequences. However, failure to comply with the obligations to provide accurate and relevant evidence can result in the denial of claims for benefits. The seriousness of the consequences would depend on the individual circumstances of the case and the discretion of the authorities reviewing the claim. The focus is on ensuring that claims are legitimate and based on sound medical-scientific evidence, rather than on punitive measures.

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