Statement of Principles concerning gingivitis No. 4 of 2002

Administered by Department of Veterans' Affairs

Legislation au F2005B02080 Not in force Legislative Instrument

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Instrument No.4 of 2002

 

Determination

of

Statement of Principles

concerning

GINGIVITIS

ICD-10-AM codeS: K05.0, K05.1

 

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 gingivitis and death from gingivitis.

 

(b) For the purposes of this Statement of Principles, “gingivitismeans inflammation of the gingiva (gums), including acute gingivitis, acute necrotising ulcerative gingivitis, chronic gingivitis and gingival abscess attracting ICD-10-AM code K05.0 or K05.1.  This definition excludes:

 

(i)                oral aphthae;

(ii)              gingivitis associated with stomatitis including herpesviral gingivostomatitis;

(iii)           gingival recession;

(iv)            gingival enlargement; and

(v)              inflammation extending beyond the gums into the underlying supporting structures of the teeth.


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 gingivitis and death from gingivitis 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, gingivitis or death from gingivitis are connected with the circumstances of a person’s relevant service are:

 

(a)              undertaking no cleaning of the teeth for a period of at least the 14 days before the clinical onset of gingivitis; or

 

(b)              suffering from diabetes mellitus at the time of the clinical onset of gingivitis; or

 

(c)              having a microscopic or macroscopic foreign body embedded in the affected region of the gums at the time of the clinical onset of gingivitis; or

 

(d)              suffering physical, chemical or thermal injury to the affected region of the gums within the 24 hours before the clinical onset of gingivitis; or

 

(e)              being pregnant at the time of the clinical onset of gingivitis; or

 

(f)               being infected with human immunodeficiency virus (HIV) at the time of the clinical onset of gingivitis; or

 

(g)              suffering from leukaemia at the time of the clinical onset of gingivitis; or

 

(h)              undergoing a course of the combined oral contraceptive pill or a progesterone oral contraceptive pill, for a period of at least the four weeks before the clinical onset of gingivitis; or

 


(i)                for acute necrotising ulcerative gingivitis only,

 

(i)                smoking at least 40 cigarettes per day or the equivalent thereof in other tobacco products for at least two years before the clinical onset of gingivitis, and where smoking has ceased, the clinical onset has occurred within one month of cessation; or

 

(ii)              experiencing at least one severe psychosocial stressor within the seven days before the clinical onset of gingivitis; or

 

(iii)           suffering from a severe nutritional deficiency at the time of the clinical onset of gingivitis; or

 

(j)                inability to obtain appropriate clinical management for gingivitis.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(j) applies only to material contribution to, or aggravation of, gingivitis where the person’s gingivitis 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.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

“acute necrotising ulcerative gingivitis” means a painful and rapidly progressive inflammation of the gums characterised by gingival bleeding with interdental soft tissue necrosis and ulceration, and is also known as Vincent’s disease and trenchmouth;

 

“cigarettes per day or the equivalent thereof, in other tobacco products” means either cigarettes, pipe tobacco or cigars, alone or in any combination where one tailor made cigarette approximates one gram of tobacco; or one gram of cigar, pipe or other smoking tobacco by weight;


“death from gingivitis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s gingivitis;

 

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other than hazardous service);

 

“severe psychosocial stressor” means an identifiable occurrence that evokes feelings of substantial distress in an individual, for example, being shot at, death or serious injury in a close friend or relative, assault (including sexual assault), severe illness or injury, experiencing a loss such as divorce or separation, loss of employment, major financial problems or legal problems;

 

“suffering from a severe nutritional deficiency” means suffering from scurvy or having clinical or biochemical evidence of a severe protein-energy malnutrition due to starvation, being a prisoner of war, systemic disease or chronic gastrointestinal malabsorption;

 

“terminal event” means the proximate or ultimate cause of death and includes:

 

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(e)               cessation of brain function.

 

Dated this  Ninth day of  January 2002

 

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 Gingivitis, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, addresses the issue of gingivitis and death from gingivitis among veterans. Enacted to provide clarity and guidance on the circumstances under which gingivitis can be considered related to relevant service, the Statement of Principles aims to ensure that veterans who have suffered from gingivitis or death due to gingivitis can seek appropriate entitlements. The Repatriation Medical Authority has established a set of factors that, if present, would support a connection between the veteran's gingivitis and their service, including various medical conditions and environmental factors that could exacerbate or lead to the condition. The policy objective is to provide a clear framework for assessing claims related to gingivitis, ensuring that veterans receive the support they need based on sound medical-scientific evidence.

Scope and Application

The Statement of Principles concerning Gingivitis, established under the Veterans’ Entitlements Act 1986, addresses the eligibility criteria for veterans and members of the Forces who have been diagnosed with gingivitis, including acute gingivitis, acute necrotising ulcerative gingivitis, chronic gingivitis, and gingival abscess, as coded under ICD-10-AM codes K05.0 or K05.1. This determination by the Repatriation Medical Authority delineates that gingivitis encompasses inflammation of the gums but excludes certain conditions such as oral aphthae, gingivitis associated with stomatitis, gingival recession, gingival enlargement, and inflammation extending beyond the gums into the underlying supporting structures of the teeth. The legislation applies to individuals who have served in relevant service, which includes eligible war service (other than operational service) and defence service (other than hazardous service), and who have contracted gingivitis or died from conditions related to gingivitis. The principles require that at least one of the specified factors, such as lack of dental hygiene, diabetes, or exposure to certain conditions, must be related to the service rendered. The Statement of Principles also outlines various factors that could contribute to the onset of gingivitis, including certain medical conditions and environmental stressors, and specifies that these factors must be related to the service in question to be considered in the determination of entitlement. The application of these principles can be extended or restricted through subordinate instruments issued under the Act.

Key Provisions

The Statement of Principles (SOP) concerning gingivitis and death from gingivitis (section 1) is determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986 (the Act). This SOP applies to inflammation of the gums (gingivitis) as classified under ICD-10-AM codes K05.0 and K05.1, and excludes certain other conditions such as oral aphthae and gingival recession (section 2). The Authority is of the opinion that gingivitis and death from gingivitis can be related to relevant service rendered by veterans or members of the Forces, based on available medical-scientific evidence (section 3). To establish a connection between gingivitis or death from gingivitis and relevant service, at least one factor from section 5 must be related to the service (section 4). These factors include not cleaning teeth for 14 days before the onset of gingivitis, suffering from diabetes mellitus or other conditions at the time of onset, and experiencing certain injuries or stressors before the onset (section 5). The SOP imposes certain obligations on the parties involved, requiring that at least one of the specified factors must be linked to the relevant service to establish a connection with gingivitis or death from gingivitis (section 4). It also clarifies that for acute necrotising ulcerative gingivitis, the factor of smoking applies only if the smoking cessation occurred within one month before the onset of the condition (section 5(i)). Additionally, the inability to obtain appropriate clinical management for gingivitis applies only to material contribution or aggravation of the condition (section 6). The legislation does not explicitly outline offences, penalties, or consequences for breaches within the SOP itself. However, under the Veterans’ Entitlements Act 1986, breaches of any provision related to veterans’ entitlements could potentially lead to civil or criminal penalties, depending on the nature and severity of the breach. Penalties could include fines or imprisonment, depending on the specific provisions of the Act and the circumstances of the breach. The exact penalties would be determined by relevant courts or tribunals in accordance with the broader legislative framework.

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