Statement of Principles concerning extrinsic allergic alveolitis No. 58 of 1997

Administered by Department of Veterans' Affairs

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Instrument No.58 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(3) 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that extrinsic allergic alveolitis and death from extrinsic allergic alveolitis 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, extrinsic allergic alveolitis or death from extrinsic allergic alveolitis is connected 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) or 70(5)(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) eligible war service (other than operational service); or

(b) defence service (other than 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, was determined by the Repatriation Medical Authority in 1997 under subsection 196B(3) of the Veterans' Entitlements Act 1986. This legislative instrument addresses the issue of extrinsic allergic alveolitis, a lung condition triggered by repeated inhalation of specific antigens, among veterans. The Act was enacted to provide comprehensive entitlements to veterans and their families, and this statement of principles specifically seeks to establish the link between extrinsic allergic alveolitis and relevant military service. The policy objective is to ensure that veterans who have contracted this condition as a result of their service are recognised and entitled to appropriate benefits and support. The Repatriation Medical Authority's determination is based on available medical-scientific evidence, which indicates a probable connection between extrinsic allergic alveolitis and the service rendered by veterans.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, focuses on extrinsic allergic alveolitis and death from this condition. This legislation applies to veterans and members of the Australian Defence Forces who have developed extrinsic allergic alveolitis, a condition resulting from inhalation of specific antigens, potentially related to their service. The Act provides a framework for determining whether the condition is connected to the circumstances of their relevant service, which includes eligible war service or defence service, excluding operational or hazardous service. The Statement of Principles stipulates that for a connection to be established, the individual must have inhaled the specific antigen responsible for their condition either before the clinical onset or within 30 days before the clinical worsening, or have been unable to obtain appropriate clinical management. The geographic reach of this legislation is national, applying across Australia, and there are no stated exclusions or exemptions beyond the specified service conditions. The legislation extends its application through subordinate instruments, which may provide further clarifications or detailed guidelines on the assessment and determination process. This comprehensive approach ensures that the Act effectively addresses the specific medical and service-related criteria necessary for a veteran or Defence Force member to be eligible for benefits related to extrinsic allergic alveolitis. The determination of these factors is based on sound medical-scientific evidence and is aimed at ensuring that the benefits are provided to those who meet the specified conditions.

Key Provisions

The Statement of Principles (SoP) under the Veterans' Entitlements Act 1986 (the Act) pertains to extrinsic allergic alveolitis (EAA) and death from EAA (Section 1). EAA is an inflammation of the lung parenchyma caused by inhalation of various antigens, attracting ICD code 495, and is associated with a restrictive pattern of respiratory function tests (Section 2). The Repatriation Medical Authority (RMA) has determined that EAA and death from EAA are more likely than not related to service rendered by veterans or members of the Forces (Section 3). The SoP requires that at least one factor related to service must exist before it can be said that EAA or death from EAA is connected with the service (Section 4). The relevant factors include inhaling a specific antigen responsible for EAA from an antigenic source before the clinical onset of EAA, within 30 days immediately before the clinical worsening of EAA, or inability to obtain appropriate clinical management for EAA (Section 5). These factors apply to material contribution to, or aggravation of, EAA where the EAA was suffered or contracted before or during (but not arising out of) the person's relevant service (Section 6). There are no explicit offences, penalties, or civil/criminal consequences detailed in the Statement of Principles. However, the provisions of the Veterans' Entitlements Act 1986 may apply in the event of non-compliance or misuse of the entitlements granted under this determination. The Act provides for various penalties, including fines and imprisonment, for breaches related to the fraudulent claiming of entitlements. The maximum penalties for such offences can be found in the relevant sections of the Act, which may include substantial financial penalties and imprisonment terms, depending on the severity of the offence.

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