Instrument No.167 of 1995
Statement of Principles
concerning
FROSTBITE
ICD CODES: 991.0, 991.1, 991.2, 991.3
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that frostbite and death from frostbite can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, frostbite or death from frostbite is connected with the circumstances of that service, are:
(a) exposure of an area of the body to freezing temperatures immediately before the clinical onset of frostbite to that area; or
(b) inability to obtain appropriate clinical management for the frostbite.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) and 1(b) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(b) applies only where:
(a) the person’s frostbite developed before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the frostbite and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act.
4. For the purposes of this Statement of Principles:
“frostbite” means an injury to the skin and subcutaneous tissues and, in extreme cases to deeper structures of the body, from exposure to freezing temperatures, attracting an ICD code in the range 991.0, 991.1, 991.2 or 991.3;
“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472.
Dated this Twenty-fifth day of May 1995
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 provide various benefits to veterans and members of the Australian Defence Forces, addressing the need for support and recognition of their service. One specific issue that arose was the recognition of frostbite as a service-related injury. To address this gap, the Repatriation Medical Authority established a Statement of Principles concerning Frostbite in 1995. This legislative instrument was designed to clarify the circumstances under which frostbite or death from frostbite can be considered related to eligible war service or defence service. The policy objective was to ensure that veterans and members of the forces who suffered from frostbite due to their service could access the necessary support and benefits.
The Statement of Principles sets out the criteria for determining the connection between frostbite and service, such as exposure to freezing temperatures or the inability to obtain appropriate clinical management for frostbite. This legislative instrument was intended to provide a clear framework for assessing claims related to frostbite, ensuring that the Repatriation Medical Authority could make informed decisions based on sound medical-scientific evidence. By clarifying these principles, the legislation aimed to support veterans and members of the forces who have suffered from frostbite due to their service, ensuring they receive the recognition and support they deserve.
Scope and Application
The Statement of Principles concerning FROSTBITE, issued under the Veterans’ Entitlements Act 1986, establishes the criteria for determining whether a veteran or member of the Australian Defence Forces (ADF) can claim that their frostbite or death from frostbite is connected to their service. This legislative instrument applies to veterans and members of the ADF who have experienced frostbite and are seeking to establish a service connection for the purpose of receiving benefits or compensation. The instrument delineates the specific conditions that must be met for such a connection to be recognised, including exposure to freezing temperatures or failure to receive appropriate clinical management for the frostbite, with the latter condition applying only under certain circumstances. The application of these principles is geographically broad, as they pertain to any service rendered by veterans and members of the ADF across all locations where such exposure or failure to manage frostbite might have occurred. The Statement of Principles does not explicitly exclude any groups or types of service but rather sets out the stringent criteria that must be fulfilled for a service connection to be accepted. The Repatriation Medical Authority, through this instrument, has the power to interpret and apply these principles within the bounds of the Veterans’ Entitlements Act 1986.
Key Provisions
The Statement of Principles concerning FROSTBITE (F2008B00321) outlines the criteria that must be met for frostbite or death from frostbite to be connected to eligible war service or defence service rendered by veterans and members of the Forces. Under subsection 196B(3) of the Veterans’ Entitlements Act 1986, the Repatriation Medical Authority determines that the connection can be established if one or both of the following factors are present: exposure to freezing temperatures immediately before the onset of frostbite or the inability to obtain appropriate clinical management for the frostbite. The relevant service must relate to at least one of these factors (section 2). The inability to obtain appropriate clinical management only applies if the frostbite developed before a period or part of a period of service and the relationship between the frostbite and the service is one of the specified types (section 3).
The Act imposes obligations on veterans and members of the Forces seeking to establish a connection between their frostbite and their service. They must demonstrate that their frostbite meets the definition provided in the Statement of Principles and was sustained under conditions that meet at least one of the criteria outlined. This involves providing evidence of exposure to freezing temperatures or a lack of appropriate clinical management, and linking these circumstances to their service (section 2). The onus is on the claimant to provide sufficient evidence to meet these criteria.
Failure to meet the criteria set out in the Statement of Principles may result in the denial of benefits related to frostbite under the Veterans’ Entitlements Act 1986. This could have significant financial and welfare implications for the veteran or member of the Forces. While the Statement of Principles does not explicitly outline penalties for non-compliance, the denial of benefits is a substantial consequence, underscoring the importance of providing accurate and comprehensive evidence to substantiate a claim. The Act provides a clear framework for determining the eligibility of claims, ensuring that benefits are awarded based on the sound medical-scientific evidence available to the Repatriation Medical Authority.