Statement of Principles concerning extrinsic allergic alveolitis No. 57 of 1997

Administered by Department of Veterans' Affairs

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Instrument No.57 of 1997

 

Determination

of

Statement of Principles

concerning

EXTRINSIC ALLERGIC ALVEOLITIS

ICD CODE: 495
 

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about extrinsic allergic alveolitis               and death from extrinsic allergic alveolitis.

 

(b) For the purposes of this Statement of Principles, “extrinsic allergic alveolitis” means an immunologically induced inflammation of the lung parenchyma involving mainly the alveoli and terminal bronchioles, which develops secondary to repeated inhalation, by a sensitised subject, of any one of a variety of antigens, attracting ICD code 495.  Extrinsic allergic alveolitis is associated with a restrictive pattern of respiratory function tests.  Examples include farmer’s lung, bird-fancier’s lung, ventilation pneumonitis and woodworker’s lung.  This definition of extrinsic allergic alveolitis excludes hypersensitivity pneumonitis resulting from antigen exposure by means other than inhalation, such as ingested drugs.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that extrinsic allergic alveolitis and death from extrinsic allergic alveolitis can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting extrinsic allergic alveolitis or death from extrinsic allergic alveolitis with the circumstances of a person’s relevant service are:

 

(a) inhaling, from an antigenic source, the specific antigen responsible for the extrinsic allergic alveolitis, before the clinical onset of extrinsic allergic alveolitis; or

 

(b) inhaling, from an antigenic source, the specific antigen responsible for the extrinsic allergic alveolitis, within the 30 days immediately before the clinical worsening of extrinsic allergic alveolitis; or

 

(c) inability to obtain appropriate clinical management for extrinsic allergic alveolitis.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(b) to 5(c) apply only to material contribution to, or aggravation of, extrinsic allergic alveolitis where the person’s extrinsic allergic alveolitis was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“antigen” means a substance which is capable of inducing an immune response and reacting with the specific antibody or specifically sensitised T-lymphocytes which are the products of that response.  Antigens may be soluble substances, such as toxins and foreign proteins, or particulate such as bacteria and tissue cells.  The major categories of antigens causing extrinsic allergic alveolitis are microbial agents, animal proteins and low molecular weight chemicals (haptens).  Microbial contamination of various inhaled dusts is the commonest source of antigens;

 

“antigenic source” means the source of the antigen responsible for causing extrinsic allergic alveolitis.  Examples of antigenic sources include:

 

 Detergent powder

 Sewage sludge contaminated with micro-organisms

 Wood dust contaminated with micro-organisms

 Paprika pods dust contaminated with micro-organisms

 Sauna water contaminated with micro-organisms

 Fertilizer contaminated with micro-organisms

 Compost dust contaminated with micro-organisms

 Mushroom compost contaminated with micro-organisms

 Dried grasses and leaves used in thatching contaminated with micro-organisms

 Mouldy barley

 Mouldy cheese

 Mouldy corkbark dust

 Mouldy grapes

 Mouldy hay, grain or silage

 Mouldy timber dust

 Mouldy straw dust

 Mouldy sugar cane dust

 Mouldy tobacco

 Spores from Lycoperdon puffballs

 Wheat flour infested with the wheat weevil

 Coffee bean dust

 Dust from tea plants

 Animal dust, dander or hair particles

 Bird droppings or feathers

 Urine from laboratory rats

 Pituitary snuff

 Fish meal dust

 Isocyanates (Toluene diisocyanate and Methylene diphenyl diisocyanate, found for example in polyurethane varnishes and lacquers)

 Pauli’s reagent (sodium diazobenzenesulphate);

 

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“specific antigen responsible for the extrinsic allergic alveolitis” means the antigen which the available clinical or serological evidence implicates as the cause of extrinsic allergic alveolitis in the patient.

 

 

Dated this Ninth day of  September 1997

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of    )

 

KEN DONALD

CHAIRMAN

 

Overview

The Statement of Principles concerning Extrinsic Allergic Alveolitis ICD Code: 495 under the Veterans’ Entitlements Act 1986 was determined by the Repatriation Medical Authority in 1997. This Statement of Principles addresses the issue of extrinsic allergic alveolitis, a condition characterised by immunologically induced inflammation of the lung parenchyma, and its association with the service rendered by veterans, members of Peacekeeping Forces, or members of the Armed Forces. The Authority identified that there is sufficient medical-scientific evidence to support a connection between this respiratory condition and relevant military service, specifically through inhalation of specific antigens within certain timeframes or the inability to obtain appropriate clinical management. The policy objective is to ensure that veterans who suffer from extrinsic allergic alveolitis due to their service are acknowledged and compensated appropriately under the Act. The determination by the Repatriation Medical Authority aims to provide clarity on the factors that must be present to establish a connection between extrinsic allergic alveolitis and the relevant service of the person affected, thereby facilitating claims for veterans’ entitlements. This includes specific criteria such as the inhalation of the antigen responsible for the condition within defined periods before the onset or worsening of symptoms, or the failure to receive appropriate clinical management. By formalising these criteria, the Statement of Principles ensures a consistent and evidence-based approach to assessing claims related to this condition, thereby supporting the rights of affected veterans under the Veterans’ Entitlements Act 1986.

Scope and Application

The Veterans’ Entitlements Act 1986, through the Determination of Statement of Principles concerning Extrinsic Allergic Alveolitis ICD Code: 495, applies to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have contracted or developed extrinsic allergic alveolitis or who have died from this condition. The Act extends its coverage to those who have been exposed to specific antigens through inhalation during their service, such as microbial agents, animal proteins, and low molecular weight chemicals. The jurisdictional reach of this legislation is national, as it applies across Australia, governed by the Commonwealth. Exclusions from this Statement of Principles include hypersensitivity pneumonitis resulting from antigen exposure by means other than inhalation. The Act allows for the extension or restriction of its application through subordinate instruments, ensuring that the legislation remains relevant and effective in addressing the evolving nature of service-related injuries and diseases.

Key Provisions

This legislative instrument, the Statement of Principles concerning Extrinsic Allergic Alveolitis (No. 57 of 1997), establishes specific criteria for the recognition of extrinsic allergic alveolitis and related deaths as service-connected injuries under the Veterans' Entitlements Act 1986 (section 1). The determination clarifies that extrinsic allergic alveolitis, also known as hypersensitivity pneumonitis, is an inflammatory lung condition triggered by inhalation of specific antigens (section 2). The definition excludes cases arising from non-inhalation exposure, such as ingested drugs, and includes a variety of lung conditions like farmer's lung and bird-fancier's lung, which fall under the ICD code 495. To qualify for service-connection under this determination, at least one of the specified factors must be related to the veteran's service (section 5). These factors include inhaling the specific antigen causing the alveolitis before the clinical onset or within 30 days before the clinical worsening of the condition, or the inability to obtain appropriate clinical management for the condition (section 5). The conditions specified in paragraphs 5(b) to 5(c) apply to material contribution to, or aggravation of, extrinsic allergic alveolitis where the condition was contracted before or during service, but not arising out of the service (section 6). The Act imposes several obligations on the parties involved, including the requirement that the Repatriation Medical Authority (RMA) provide a determination based on sound medical-scientific evidence (section 3). The RMA must ensure that the connection between the service and the condition is established through the presence of the specified factors (section 5). Furthermore, the Act requires that veterans or their representatives provide sufficient evidence to support a claim under this determination, such as medical records and service details (section 8(1)(e), 9(1)(e), 70(5)(d), 70(5A)(d)). Failure to comply with the requirements set out in this Statement of Principles or the Act may result in civil or criminal consequences. While the legislative instrument does not explicitly state penalties for non-compliance, breaches of the Veterans' Entitlements Act 1986 can lead to penalties under the Act, including fines and imprisonment for false claims or misrepresentation. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader provisions of the Act.

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