Statement of Principles concerning hypertension No. 36 of 2003

Administered by Department of Veterans' Affairs

Legislation au F2005B02686 Not in force Legislative Instrument

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Statement of Principles

concerning

HYPERTENSION

Instrument No. 36 of 2003 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 18 January 2008 taking into account Amendment of Statement of Principles concerning HYPERTENSION (Instrument No. 12 of 2008)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Revocation and Determination

of

Statement of Principles

concerning

 

HYPERTENSION

 

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.32 of 2001; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about hypertension and death from hypertension.

 

(b)              For the purposes of this Statement of Principles, “hypertension” means permanently elevated blood pressure, evidenced by:

 

(i) a usual blood pressure reading where the systolic reading is greater than or equal to 140 mmHg or where the diastolic reading is greater than or equal to 90 mmHg; or

 

(ii) the regular administration of antihypertensive therapy to reduce blood pressure,

 

This definition excludes temporary elevations in blood pressure from conditions such as acute renal failure, neurogenic hypertension, eclampsia, pre-eclampsia or medications.

 

(c)               Hypertension attracts ICD-10-AM codes I10 or I15.

 

(d)              In the application of this Statement of Principles, the definition of “hypertension” is that given at para 2(b) above.

 

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

 

(a)               being obese at the time of the clinical onset of hypertension; or

 

(b)              consuming an average of at least 500 grams of alcohol per week for a continuous period of at least the six months before the clinical onset of hypertension; or

 

(c)               ingesting at least 15 grams (250 mmol) of salt supplements per day on average for a continuous period of at least six months immediately before the clinical onset of hypertension; or

 

(d)              suffering from renal artery stenosis at the time of the clinical onset of hypertension; or

 

(e)               suffering from chronic renal failure at the time of the clinical onset of hypertension; or

 

(f)                having undergone renal transplantation at the time of the clinical onset of hypertension; or

 

(g)              suffering from a chronic renal disease or injury at the time of the clinical onset of hypertension; or

 

(h)              suffering from a renin-secreting neoplasm at the time of the clinical onset of hypertension; or

 

(i)                suffering from:

(i)                Cushing’s syndrome,

(ii)              primary aldosteronism,

(iii)           phaeochromocytoma,

(iv)            hypothyroidism,

(v)              acromegaly, or

(vi)            primary hyperparathyroidism

at the time of the clinical onset of hypertension; or

 

(j)                suffering from a collagen vascular disease with renal involvement at the time of the clinical onset of hypertension; or

 

(k)              undergoing treatment with a drug for a condition for which the drug cannot be ceased or substituted and which drug has caused an increase in blood pressure, at the time of the clinical onset of hypertension; or

 

(l)                suffering from sleep apnoea at the time of the clinical onset of hypertension; or

 

(m)            an inability to undertake more than a mildly strenuous level of physical activity for at least the five years immediately before the clinical onset of hypertension; or

 

(n)              being obese at the time of the clinical worsening of hypertension; or

 

(o)              consuming an average of at least 500 grams of alcohol per week for a continuous period of at least the six months before the clinical worsening of hypertension; or

 

(p)              ingesting at least 15 grams (250 mmol) of salt supplements per day on average for a continuous period of at least six months immediately before the clinical worsening of hypertension; or

 

(q)              suffering from chronic renal failure at the time of the clinical worsening of hypertension; or

 

(r)                having undergone renal transplantation at the time of the clinical worsening of hypertension; or

 

(s)               suffering from a chronic renal disease or injury at the time of the clinical worsening of hypertension; or

 

(t)                suffering from a renin-secreting neoplasm at the time of the clinical worsening of hypertension; or

 


(u)              suffering from:

(i)                Cushing’s syndrome,

(ii)              primary aldosteronism,

(iii)           phaeochromocytoma,

(iv)            hypothyroidism,

(v)              acromegaly, or

(vi)            primary hyperparathyroidism

at the time of the clinical worsening of hypertension; or

 

(v)              suffering from a collagen vascular disease with renal involvement at the time of the clinical worsening of hypertension; or

 

(w)            undergoing treatment with a drug for a condition for which the drug cannot be ceased or substituted and which drug has caused an increase in blood pressure, at the time of the clinical worsening of hypertension; or

 

(x)              suffering from sleep apnoea at the time of the clinical worsening of hypertension; or

 

(y)              an inability to undertake more than a mildly strenuous level of physical activity for at least the five years immediately before the clinical worsening of hypertension; or

 

(z)               inability to obtain appropriate clinical management for hypertension.

 

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(n) to 5(z) apply only to material contribution to, or aggravation of, hypertension where the person’s hypertension 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:

 

“a mildly strenuous level of physical activity” means any physical activity greater than 3 METS, where a “MET” is a unit of measurement of the level of physical exertion.  1 MET = 3.5 ml of oxygen/kg of body weight per minute or, 1.0 kcal/kg of body weight per hour, or resting metabolic rate;

 

“acromegaly” means a chronic disease of adults resulting from hypersecretion of growth hormone after closure of the epiphyses; 

 

“alcohol” is measured by the alcohol consumption calculations utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink;

 

“being obese” means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 30 or greater.

 

The BMI = W/H2 and where:

 

W is the person’s weight in kilograms and

H is the person’s height in metres;

 

“chronic renal failure” means irreversible kidney damage which leads to impaired renal function;

 

“chronic renal disease or injury” means chronic irreversible renal damage from conditions such as

(i)                analgesic nephropathy;

(ii)              chronic glomerulonephritis;

(iii)           chronic pyelonephritis;

(iv)            diabetic nephrosclerosis;

(v)              obstructive nephropathy;

(vi)            polycystic kidney disease;

(vii)         renal ischaemia/infarction;

(viii)       renal scarring; or

(ix)            renal tuberculosis;

 

“collagen vascular disease” means an autoimmune disorder which causes vasculitis;

 

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

 

“hypothyroidism” means the functional state resulting from insufficiency of thyroid hormones;

 

“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), Third Edition, effective date of 1 July 2002, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 413 9;

 

“phaeochromocytoma” means a neoplasm of chromaffin tissue usually located in the adrenal medulla or sympathetic ganglion, which produces, stores and secretes catecholamines;

 

“primary aldosteronism” means a syndrome associated with hypersecretion of the major adrenal mineralocorticoid, aldosterone;

 

“primary hyperparathyroidism” means increased levels of parathyroid hormone secretion (mostly by parathyroid adenomas) which is not a secondary response to hypocalcaemia;

 

“relevant service” means:

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

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

 

“renal artery stenosismeans at least 50% narrowing of the lumen of a renal artery, and which produces clinical manifestations which are poorly controlled hypertension, renal impairment or acute pulmonary oedema;

 

“salt supplements” means salt added to food when cooking or eating, or salt contained in salt tablets;

 

“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.

 

Application

9. This Instrument applies to all matters to which section 120B of the Act applied.

 


Notes to Statement of Principles concerning hypertension (Instrument No. 36 of 2003)

The Statement of Principles concerning hypertension (Instrument No. 36 of 2003) in force under section 196B(3) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning hypertension (Instrument No. 36 of 2003)

20 August 2003

(see Gazette 2003, No. GN33)

20 August 2003

 

Amendment of Statement of Principles concerning hypertension (Instrument No. 4 of 2004)

3 March 2004

(see Gazette 2004, No. GN9)

3 March 2004

 

Amendment of Statement of Principles concerning hypertension (Instrument No. 12 of 2008)

4 January 2008

 

9 January 2008

 

 

 

 

 


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 2(c)………………….

am. Instrument  No.12 of 2008

Clause 5(b)............

rs. Instrument  No.4 of 2004

Clause 5(o)............

rs. Instrument  No.4 of 2004

Clause 5(b)............

rs. Instrument  No.12 of 2008

Clause 5(o)............

rs. Instrument  No.12 of 2008

 

 

 

Overview

The Statement of Principles concerning Hypertension (Instrument No. 36 of 2003) was enacted under section 196B(3) of the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority. This legislation addresses the issue of determining the connection between hypertension or death from hypertension and the relevant service of veterans or members of the Armed Forces. The policy objective of this Statement of Principles is to provide a framework for assessing whether a veteran's hypertension or death from hypertension can be related to their service, based on sound medical-scientific evidence. The Statement of Principles sets out specific factors that must be considered when determining the connection between hypertension or death from hypertension and relevant service, including obesity, alcohol consumption, salt intake, renal conditions, and other medical factors. This legislation aims to ensure that veterans who have suffered from hypertension or died from hypertension-related causes receive appropriate recognition and support for their service-related conditions. The Statement of Principles concerning Hypertension was subsequently amended by Instrument No. 4 of 2004 and Instrument No. 12 of 2008. These amendments modified certain factors related to alcohol consumption and salt intake to provide a more accurate assessment of the connection between hypertension or death from hypertension and relevant service. The revised Statement of Principles continues to serve the purpose of addressing the problem of determining the link between hypertension or death from hypertension and the service of veterans or members of the Armed Forces, in line with the policy objective of the Veterans’ Entitlements Act 1986.

Scope and Application

The Statement of Principles concerning Hypertension, as an instrument under the Veterans’ Entitlements Act 1986, applies to veterans or members of the Australian Defence Force who have developed hypertension or died from hypertension, and who wish to claim these conditions are connected to their service. The instrument is focused on establishing the circumstances under which hypertension can be considered related to relevant service, which includes eligible war service or defence service, excluding operational or hazardous service. The definition of hypertension used excludes temporary elevations in blood pressure caused by specific conditions or medications, and includes permanently elevated blood pressure evidenced by specific blood pressure readings or the need for antihypertensive therapy. This legislation is applicable nationwide, covering all veterans and members of the Defence Force who meet the criteria set out in the instrument. There are no specific exclusions or exemptions mentioned in the text, and the application of the instrument is not extended or restricted through subordinate instruments. The instrument incorporates definitions that clarify terms such as 'obesity', 'chronic renal failure', and 'mildly strenuous level of physical activity', which are integral to determining the applicability of the Statement of Principles to individual cases.

Key Provisions

The legislative instrument in question, Statement of Principles concerning Hypertension (Instrument No. 36 of 2003), outlines the conditions under which hypertension and death from hypertension can be related to relevant military service for the purposes of veterans' entitlements. It defines hypertension as a permanently elevated blood pressure, evidenced by specific systolic and diastolic blood pressure readings, or by the need for regular antihypertensive therapy (Section 2). The instrument also specifies that hypertension and death from hypertension can be linked to military service if at least one of several listed factors was present at the time of the onset or worsening of hypertension (Section 5). The Act imposes certain obligations on the parties involved, particularly in establishing a connection between hypertension or death from hypertension and relevant military service. For instance, it requires that at least one of the factors listed in Section 5 must be related to the service for the condition to be considered connected to it (Section 4). These factors include obesity, alcohol consumption, salt intake, renal conditions, drug treatments, and other health issues that must be present at the time of the onset or worsening of hypertension (Section 5). Breaches of the provisions of this legislative instrument do not carry specific criminal or civil penalties, as it primarily serves as a guideline for the assessment of veterans' claims. However, any misrepresentation or fraudulent claims made under the authority of this instrument could potentially lead to criminal charges under other provisions of the Veterans' Entitlements Act 1986 or related legislation, which could include fines and imprisonment. The instrument itself is a tool for the Repatriation Medical Authority to determine the eligibility of veterans for certain benefits and does not create new offences or penalties directly. Instead, it ensures that claims are assessed in a consistent and evidence-based manner.

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