Statement of Principles concerning deep vein thrombosis No. 6 of 2001

Administered by Department of Veterans' Affairs

Legislation au F2005B02429 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

DEEP VEIN THROMBOSIS

Instrument No. 6 of 2001 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 5 October 2005
taking into account Amendment of Statement of Principles concerning DEEP VEIN THROMBOSIS (Instrument No. 39 of 2004)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

 

Revocation and Determination

of

Statement of Principles

concerning

 

DEEP VEIN THROMBOSIS

 

ICD-10-AM CODES: I80.1, I80.2, I80.8, I82.2, I82.8

 

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.44 of 1998; 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 deep vein thrombosis and death from deep vein thrombosis.

 

 (b) For the purposes of this Statement of Principles, “deep vein thrombosis” means an aggregation of blood factors, primarily platelets and fibrin with entrapment of cellular elements, present in the deep venous system, and causing vascular obstruction at the point of its formation, but excluding retinal, cerebral, pulmonary, hepatic, renal, portal and mesenteric thrombosis, attracting ICD-10-AM code I80.1, I80.2, I80.8, I82.2 or I82.8.

 

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 deep vein thrombosis and death from deep vein thrombosis 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, deep vein thrombosis or death from deep vein thrombosis is connected with the circumstances of a person’s relevant service are:

 

(a) undergoing surgery requiring a general, spinal or epidural anaesthetic within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(b) suffering trauma to the affected vein within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(c) experiencing immobilisation for at least four consecutive hours within the 30 days immediately before the clinical onset of deep vein thrombosis; or

 

(d)              undergoing non-surgical hospitalisation within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(e) suffering from:

 

(i)                a significant head injury,

(ii)              a spinal cord injury,

(iii)           a fracture to the spinal column, pelvic bone, femur, or tibia, or

(iv)            an injury to the lower extremity requiring treatment with a cast

 

within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(f) suffering from congestive cardiac failure at the time of the clinical onset of deep vein thrombosis; or

 

(g) suffering from a malignant neoplasm at the time of the clinical onset of deep vein thrombosis; or

 

(h) for deep vein thrombosis in a lower limb or the pelvis only, suffering from paralysis of either or both lower limbs at the time of the clinical onset of deep vein thrombosis; or

 

(j)                suffering from a space occupying lesion causing venous compression of:

 

(i)                the affected vein, or

(ii)              a vein draining the affected vein

 

at the time of the clinical onset of deep vein thrombosis; or

 

(k) being obese at the time of the clinical onset of deep vein thrombosis; or

 

(m)            for deep vein thrombosis in a lower limb only, suffering from varicose veins in the affected lower limb at the time of the clinical onset of deep vein thrombosis; or

 

(n) for deep vein thrombosis in a lower limb only, suffering superficial vein thrombosis of the affected lower limb at the time of the clinical onset of deep vein thrombosis; or

 

(o) undergoing a course of the combined oral contraceptive pill for a period of at least three weeks within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(p) undergoing a course of hormone replacement therapy for a period of at least three weeks within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(q) being pregnant or being within the 90 days immediately postpartum at the time of the clinical onset of deep vein thrombosis; or

 

(r) undergoing treatment with a cytotoxic agent for a malignant or proliferative disease within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(s) undergoing treatment with tamoxifen within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(t) suffering from a myeloproliferative disease at the time of the clinical onset of deep vein thrombosis; or

 

(u) suffering from systemic lupus erythematosus at the time of the clinical onset of deep vein thrombosis; or

 

(v) suffering from dysfibrinogenaemia at the time of the clinical onset of deep vein thrombosis; or

 

(w) suffering from Buerger’s disease at the time of the clinical onset of deep vein thrombosis; or

 

(x) suffering from Behçet’s disease at the time of the clinical onset of deep vein thrombosis; or

 

(y) suffering from hyperhomocystinaemia at the time of the clinical onset of deep vein thrombosis; or

 

(z) suffering from protein C deficiency, protein S deficiency, antithrombin III deficiency or activated protein C resistance at the time of the clinical onset of deep vein thrombosis; or

 

(za) suffering from paroxysmal nocturnal haemoglobinuria at the time of the clinical onset of deep vein thrombosis; or

 

(zb) suffering from antiphospholipid antibody syndrome at the time of the clinical onset of deep vein thrombosis; or

 

(zc) suffering from a myocardial infarction within the 90 days immediately before the clinical onset of deep vein thrombosis; or

 

(zd) suffering from an aneurysm of the affected vein at the time of the clinical onset of deep vein thrombosis; or

 

(ze) inability to obtain appropriate clinical management for deep vein thrombosisdeep vein thrombosis.

 

Factors that apply only to material contribution or aggravation

6.                  Paragraph 5(ze) applies only to material contribution to, or aggravation of, deep vein thrombosis where the person’s deep vein thrombosis 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:

 

“activated protein C resistance” means a condition where there is a reduced response to the anticoagulant activity of activated protein C and is characterised by reduced prolongation of the activated partial thromboplastin time in response to added protein C;

 

“antiphospholipid antibody syndrome” means the presence of antiphospholipid antibodies or lupus anticoagulant antibodies plus one or more of the following clinical manifestations: venous thrombosis, arterial thrombosis, foetal loss or thrombocytopaenia;

 

“antithrombin III” means a protein of normal plasma and extravascular sites that inactivates thrombin and thus inhibits blood coagulation;

 

“Behçet’s disease” means a chronic, inflammatory, multi system, autoimmune disorder presenting with recurrent oral and genital ulcerations as well as ocular involvement;

 

“being obese” means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 30 or greater.

 

The BMI = W/H2 and where:

 

W is the person’s weight in kilograms and

H is the person’s height in metres;

 

“Buerger’s disease” also known as thromboangiitis obliterans, means a nonatherosclerotic, segmental, inflammatory, occlusive vascular disease affecting the small and medium-sized arteries and veins;

 

“congestive cardiac failure” means a clinical syndrome due to heart disease, resulting in congestion in the peripheral circulation with or without congestion of the lungs;

 

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

 

“dysfibrinogenaemia” means a condition where there is both normal and mutant fibrinogen in the blood plasma;

 

“hormone replacement therapy” means administration of oestrogen preparations often in combination with progesterone to offset a hormone deficiency following surgically induced or naturally occurring menopause;

 

“hospitalisation” means inpatient hospitalisation or residence in a nursing home where assistance with activities of daily living is required;

 

“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), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“immobilisation” means at least gross diminution of movement of a lower limb associated with sitting or reclining;

 

“malignant neoplasm” means a cancer of any part of the body, excluding non-metastatic non melanotic malignant neoplasm of the skin.  The cancer may be present but undiagnosed at the time of the clinical onset of deep vein thrombosis;

 

“myeloproliferative disease” means a family of disorders, including chronic myelogenous leukaemia, polycythaemia vera, idiopathic myelofibrosis and essential thrombocytosis, characterised by increased blood cell production which arise in a clonal manner from abnormalities at the level of the haematopoietic stem cell;

 

“paralysis of either or both lower limbs” means loss or impairment of motor function of either or both lower limbs, occurring in conditions such as stroke or spinal cord injury;

 

“paroxysmal nocturnal haemoglobinuria” means a chronic acquired blood cell dysplasia in which there is proliferation of a clone of stem cells producing erythrocytes, platelets and granulocytes that are abnormally susceptible to lysis by complement; it is characterised by the presence of free haemoglobin in the urine, intravascular haemolysis and venous thrombosis;

 

“protein C deficiency” means a deficiency of a vitamin K dependent plasma protein that, when activated, inhibits the clotting cascade at the levels of factor V and factor VIII;

 

“protein S deficiency” means a deficiency of a vitamin K dependent plasma protein that inhibits blood clotting by serving as a cofactor for activated protein C;

 

“relevant service” means:

 

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

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

 

“significant head injury” means trauma to the head resulting in:

 

(a)              a skull fracture; or

(b)              loss of consciousness with retrograde amnesia; or

(c)              leakage of blood and/or cerebrospinal fluid from the external auditory canal or from the nostril;

 

spinal cord injury” means an injury to the long tracts of the spinal cord resulting in permanent motor or sensory deficits below the level of the lesion;

 

“superficial vein thrombosis” means thrombosis of the greater or lesser saphenous veins or their tributaries;

 

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

 

“tamoxifen” means a nonsteroidal anti-oestrogen used in the prevention or treatment of malignant neoplasms or to stimulate ovulation in infertility;

 

“terminal event” means the proximate or ultimate cause of death and includes:

 

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(d)  cessation of brain function;

 

“trauma to the affected vein” means injury to the affected vein by:

 

(a)               injection, cannulation or incision of the affected vein; or

(b)               therapeutic radiation of the part of the body surrounding the affected vein; or

(c)               a crush injury to the affected vein;

 

“varicose veins” means dilatation, lengthening and tortuosity of a subcutaneous superficial vein or veins of the lower limb such as the saphenous veins and perforating veins and does not include telangiectasis (intradermal venectasis).

 

Application

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

 


Notes to Statement of Principles concerning deep vein thrombosis (Instrument No. 6 of 2001)

The Statement of Principles concerning deep vein thrombosis (Instrument No. 6 of 2001) 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 deep vein thrombosis (Instrument No. 6 of 2001)

10 January 2001

(see Gazette 2001, No. GN 1 )

10 January 2001

 

Amendment of Statement of Principles concerning deep vein thrombosis (Instrument No. 39 of 2004)

20 October 2004

(see Gazette 2004, No. GN42 )

20 October 2004

Table of Amendments

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

Provision affected

How affected

Clause 8 – ‘spinal cord injury’ 

am. Instrument  No.39 of 2004

 

 

 

Overview

The Statement of Principles concerning Deep Vein Thrombosis (Instrument No. 6 of 2001) was enacted to address the problem of determining the relationship between deep vein thrombosis and relevant service rendered by veterans or members of the Australian Defence Force. This legislative instrument was made under section 196B(3) of the Veterans’ Entitlements Act 1986 and was prepared by the Repatriation Medical Authority Secretariat. The primary objective of this Statement of Principles is to establish a connection between deep vein thrombosis and the circumstances of a person's relevant service, enabling veterans or members of the Defence Force to access relevant benefits and entitlements. The Repatriation Medical Authority revoked Instrument No. 44 of 1998 and determined this Statement of Principles in its place, taking into account the sound medical-scientific evidence available at the time. The Statement of Principles concerning Deep Vein Thrombosis outlines the factors that must be related to relevant service for a person to be considered to have contracted deep vein thrombosis or death from deep vein thrombosis as a result of their service. These factors include undergoing surgery requiring a general, spinal, or epidural anaesthetic within 90 days before the clinical onset of deep vein thrombosis, suffering trauma to the affected vein within 90 days before the clinical onset of deep vein thrombosis, experiencing immobilisation for at least four consecutive hours within 30 days before the clinical onset of deep vein thrombosis, and other specified medical conditions and treatments. The Statement of Principles also includes various definitions to assist in the interpretation of the legislation and ensures that if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles, the factors in that last-mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

Scope and Application

This Statement of Principles concerning Deep Vein Thrombosis (DVT), made under section 196B(3) of the Veterans' Entitlements Act 1986, applies to all matters to which section 120B of the Act applies. The Statement of Principles outlines the circumstances under which DVT and death from DVT can be related to relevant service rendered by veterans or members of the Defence Forces. The Act applies to individuals who have served in eligible war service or defence service, excluding operational and hazardous service respectively. The Statement of Principles includes a list of factors that must be related to the person’s relevant service, such as undergoing surgery, suffering trauma to the affected vein, experiencing immobilisation, or having non-surgical hospitalisation within specified timeframes before the clinical onset of DVT. Certain conditions and treatments, including the use of combined oral contraceptives or hormone replacement therapy, and specific medical conditions such as obesity or varicose veins, are also considered in relation to the onset of DVT. The application of the principles is subject to the terms outlined in the Veterans' Entitlements Act 1986, and the instrument has been amended to reflect changes, as evidenced in the legislative tables.

Key Provisions

The Statement of Principles concerning Deep Vein Thrombosis (Instrument No. 6 of 2001) under the Veterans’ Entitlements Act 1986 sets out the conditions under which a veteran or member of the Australian Defence Force can be recognised as having contracted deep vein thrombosis or death from deep vein thrombosis as a result of their service. This legislation aims to provide clear criteria for medical-scientific evidence to determine the connection between the veteran's service and the onset of deep vein thrombosis. The operative sections of the Statement of Principles identify deep vein thrombosis as the aggregation of blood factors in the deep venous system causing vascular obstruction, excluding certain types of thrombosis (Section 2). The factors that must exist before it can be said that deep vein thrombosis is connected with the circumstances of a person’s service are listed in Section 5, which includes surgery, trauma, immobility, and other medical conditions or treatments. The obligations imposed by this legislation include the requirement for veterans or members of the Forces to provide evidence that they meet at least one of the factors outlined in Section 5 of the Statement of Principles, which must be related to their relevant service (Section 4). This evidence must be supported by sound medical-scientific evidence to establish the connection between the service and the onset of deep vein thrombosis (Section 3). Additionally, the legislation mandates that the Repatriation Medical Authority assess the presented evidence to determine whether the criteria set out in the Statement of Principles are met. The consequences for non-compliance or breach of this legislation are not explicitly stated within the provided text. However, it can be inferred that failure to meet the criteria or provide adequate evidence could result in the denial of benefits or entitlements related to deep vein thrombosis under the Veterans’ Entitlements Act 1986. The potential penalties or civil/criminal consequences for providing false information or evidence are not detailed in the provided text, but generally, such actions could lead to legal repercussions under Australian law, including fines or imprisonment.

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