Statement of Principles concerning epicondylitis No. 53 of 2004

Overview

The Statement of Principles concerning Epicondylitis, enacted in 2004 by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004, was introduced to address the need for a clear framework in determining the eligibility of veterans and members of the Australian Defence Force for compensation related to epicondylitis and death from epicondylitis. This determination clarifies the medical criteria and service-related factors that must be considered in establishing a connection between the condition and military service. The policy objective is to provide a reliable basis for assessing claims related to epicondylitis, ensuring that veterans and service members receive appropriate recognition and compensation for injuries sustained during their service. The instrument outlines specific factors, such as repetitive forceful movements of the hand or forearm and treatment with certain antibiotics, that must be related to the service to substantiate a claim, thereby facilitating a more efficient and equitable claims process.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, concerns epicondylitis, a condition characterised by pain and tenderness in the soft tissue attached to the medial or lateral epicondyle of the elbow, often exacerbated by use of the forearm muscles. The Statement applies to veterans or members of the Australian Defence Force who have rendered relevant service, including eligible war service, defence service, or peacetime service, and who have suffered from epicondylitis or died from a condition contributed to by epicondylitis. The principle applies to conditions diagnosed with ICD-10-AM codes M77.1 or M77.0. To establish a connection with service, the claimant must demonstrate one of the specified factors, such as performing activities involving forceful and repetitive movements of the hand or forearm for at least one hour per day on more days than not over a period of at least three months before the onset or worsening of epicondylitis. The Statement also considers factors related to the material contribution or aggravation of the condition where the epicondylitis was contracted before or during service but not arising out of it. The application of this Statement of Principles extends to other relevant Statements of Principles if they apply to the injury or disease in question.

Key Provisions

The Statement of Principles concerning epicondylitis, as determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 (VEA) and the Military Rehabilitation and Compensation Act 2004 (MRCA), provides specific guidance on the conditions under which a veteran or member of the forces can claim compensation for epicondylitis or death from epicondylitis (s. 2). Epicondylitis, as defined, is a condition causing pain and tenderness in the elbow’s soft tissue, with specific diagnostic codes (s. 2(a)-(d)). The determination by the Repatriation Medical Authority is based on the available medical-scientific evidence, which suggests that it is more probable than not that epicondylitis and related deaths can be connected to the service rendered by veterans or members under the VEA or MRCA (s. 3). To establish a connection, at least one of the specified factors must be related to the person's relevant service, such as performing repetitive hand or forearm movements or undergoing specific treatments (s. 4-5). The Act imposes several obligations on the parties involved. Claimants must provide evidence that their epicondylitis meets the criteria outlined in the Statement of Principles, particularly by demonstrating that their condition was influenced by their service activities (s. 5). Additionally, if the epicondylitis was suffered before or during service, the factors must show a material contribution to or aggravation of the condition (s. 6). The definition of "relevant service" under this Statement of Principles includes eligible war service, defence service, and peacetime service as specified (s. 8). Furthermore, if another Statement of Principles applies to the injury or disease, the conditions of that Statement must be adhered to (s. 7). Failure to comply with the requirements or providing false information may result in legal consequences. While specific penalties are not detailed in the Statement of Principles, breaches of the VEA or MRCA generally result in fines or imprisonment under the respective acts. Claimants who provide incorrect information with the intent to deceive could face criminal charges for fraud, which may include significant fines and imprisonment terms as prescribed by Australian law. Additionally, civil penalties may apply for misrepresentation or other breaches of the acts, potentially leading to financial penalties and other legal actions.