Instrument No.52 of 1997
Determination
of
Statement of Principles
concerning
FIBROMUSCULAR DYSPLASIA
ICD CODES: 447.3, 447.8
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 fibromuscular dysplasia and death from fibromuscular dysplasia.
(b) For the purposes of this Statement of Principles, “fibromuscular dysplasia” means a nonatherosclerotic, noninflammatory segmental stenosing disease with or without focal aneurysmal outpouchings of the affected artery in which any layer of the vessel wall may be affected, attracting ICD code 447.3 or 447.8. The disease commonly involves medium-sized arteries and is most often found in the renal artery and in the internal carotid artery.
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 fibromuscular dysplasia and death from fibromuscular dysplasia 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, the factor set out in the paragraph in clause 5 must be related to any relevant service rendered by the person.
Factors
5. The factor that must exist before it can be said that, on the balance of probabilities, fibromuscular dysplasia or death from fibromuscular dysplasia is connected with the circumstances of a person’s relevant service is:
(a) inability to obtain appropriate clinical management for fibromuscular dysplasia.
Factors that apply only to material contribution or aggravation
6. Paragraph 5(a) applies only to material contribution to, or aggravation of, fibromuscular dysplasia where the person’s fibromuscular dysplasia 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:
“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).
Dated this Fourth day of July 1997
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The Veterans’ Entitlements Act 1986 was enacted to address the need for a structured approach to determining the entitlements of veterans and members of the Australian Defence Force, particularly in relation to injuries, diseases, and deaths sustained during or arising from their service. This Act provides a legislative framework that allows for the establishment of Statements of Principles, which are used to determine the service-relatedness of specific conditions, thereby facilitating the provision of veterans' benefits. This particular legislative instrument, Instrument No.52 of 1997, was issued by the Repatriation Medical Authority under the Act, and it aims to address the issue of fibromuscular dysplasia by establishing a clear connection between this condition and service rendered by veterans. The determination of this Statement of Principles is based on the available medical-scientific evidence, which supports the likelihood that fibromuscular dysplasia and related deaths can be linked to relevant service, thereby ensuring that affected veterans can access appropriate compensation and healthcare services.
Scope and Application
This Statement of Principles, determined under the Veterans' Entitlements Act 1986, addresses fibromuscular dysplasia, a segmental stenosing disease involving medium-sized arteries, typically the renal and internal carotid arteries. The determination, made by the Repatriation Medical Authority, recognises that fibromuscular dysplasia and resulting deaths can be related to relevant service rendered by veterans or members of the Forces. Specifically, it applies to cases where veterans were unable to obtain appropriate clinical management for the condition. This Statement is applicable to veterans who suffered from fibromuscular dysplasia before or during their service, with the condition materially contributing to or aggravating their health outcomes. The scope of this legislation is limited to eligible war service and defence service, excluding operational and hazardous service, respectively. The application of this Statement of Principles may be extended or clarified through subordinate instruments issued under the authority of the Veterans' Entitlements Act 1986.
Key Provisions
The Statement of Principles outlined in this legislative instrument (sections 1-7) pertains to fibromuscular dysplasia (FMD), a segmental stenosing disease of the arteries, and death arising from this condition. Specifically, it addresses the likelihood of FMD and its fatal outcomes being linked to service rendered by veterans or members of the Australian Defence Forces (section 3). The determination is made based on the available medical-scientific evidence and is subject to certain conditions and factors (section 5). A key factor is the inability to obtain appropriate clinical management for FMD, which must be related to the service rendered by the veteran (section 5(a)).
The legislation imposes several obligations on the parties involved. The Repatriation Medical Authority is tasked with determining the Statement of Principles based on the sound medical-scientific evidence available (section 1). Veterans or members of the Forces who believe they have FMD related to their service must provide relevant evidence to substantiate their claim (section 5). The Authority must consider whether the inability to obtain appropriate clinical management for FMD is related to the service, and this factor must apply to material contribution or aggravation of the condition (section 5(a), 6). Additionally, the definitions provided, such as “relevant service” and “ICD code,” are crucial for understanding and applying the provisions of the Act (section 7).
Breaches of the obligations outlined in the Act may lead to legal consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed in the text, it is implied that failure to comply with the provisions or provide the necessary evidence could result in denial of entitlements or claims. For example, if a veteran fails to provide adequate evidence linking their FMD to their service, their claim may be dismissed. The maximum penalties for any offences related to the Act are not specified in the provided text, but they would typically be found in the relevant sections of the Veterans’ Entitlements Act 1986 or other applicable legislation.