Instrument No.15 of 1998
Determination
of
Statement of Principles
concerning
IDIOPATHIC FIBROSING ALVEOLITIS
ICD CODE: 516.3
Veterans’ Entitlements Act 1986
1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).
Kind of injury, disease or death
2. (a) This Statement of Principles is about idiopathic fibrosing alveolitis and death from idiopathic fibrosing alveolitis.
(b) For the purposes of this Statement of Principles, “idiopathic fibrosing alveolitis” means a chronic diffuse interstitial lung disease of unknown origin, characterised pathologically by inflammation and fibrosis of the lung parenchyma, attracting ICD code 516.3.
Basis for determining the factors
3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that idiopathic fibrosing alveolitis and death from idiopathic fibrosing alveolitis can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting idiopathic fibrosing alveolitis or death from idiopathic fibrosing alveolitis with the circumstances of a person’s relevant service is:
(a) inability to obtain appropriate clinical management for idiopathic fibrosing alveolitis.
Factors that apply only to material contribution or aggravation
6. Paragraph 5(a) applies only to material contribution to, or aggravation of, idiopathic fibrosing alveolitis where the person’s idiopathic fibrosing 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), 70(5)(d) or 70(5A)(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) operational service; or
(b) peacekeeping service; or
(c) hazardous service.
Dated this Twenty-seventh day of March 1998
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The Determination of Statement of Principles concerning Idiopathic Fibrosing Alveolitis ICD Code: 516.3, issued under the Veterans’ Entitlements Act 1986, was enacted in 1998 by the Repatriation Medical Authority. This legislation addresses the problem of establishing a clear link between idiopathic fibrosing alveolitis, a chronic lung disease of unknown origin, and relevant military service, enabling affected veterans to receive appropriate benefits. The policy objective of this Statement of Principles is to provide a framework for determining the extent to which service factors may have contributed to the onset or aggravation of the condition, ensuring that veterans receive the recognition and support they deserve for service-related health issues.
Scope and Application
The Statement of Principles concerning Idiopathic Fibrosing Alveolitis under the Veterans’ Entitlements Act 1986, determined by the Repatriation Medical Authority, applies to veterans, members of Peacekeeping Forces, and members of the Armed Forces who have developed idiopathic fibrosing alveolitis or died from the condition. This legislation addresses chronic diffuse interstitial lung disease of unknown origin, characterised by inflammation and fibrosis of the lung parenchyma, with an ICD code of 516.3. The determination is based on the premise that there is sound medical-scientific evidence linking this disease to relevant service rendered by the affected individuals. Specifically, the condition must be related to their operational, peacekeeping, or hazardous service, with a focus on the inability to obtain appropriate clinical management for the disease. This Statement of Principles sets out the necessary conditions and factors that must exist to establish a reasonable hypothesis connecting the disease with the circumstances of their service, and it applies to cases where the condition was either contracted or significantly aggravated during or before the service. The application of the Act is extended through subordinate instruments, which may further define and clarify the conditions and circumstances under which the entitlements are applicable.
Key Provisions
This Statement of Principles, as determined by the Repatriation Medical Authority under section 196B(2) of the Veterans’ Entitlements Act 1986, addresses idiopathic fibrosing alveolitis and death from this condition (sections 1 and 2). It specifies that "idiopathic fibrosing alveolitis" is a chronic lung disease of unknown origin, marked by inflammation and fibrosis of the lung tissue, with the ICD code 516.3 (section 2(b)). The Authority believes there is evidence that this condition can be linked to the service of veterans, Peacekeeping Forces, or the Defence Force (section 3). The key factor to consider is the inability to obtain appropriate clinical management for this condition (section 5). This factor applies particularly to cases where the disease was contracted before or during service, but not arising out of service (section 6). The definitions provided clarify terms such as "ICD code" and "relevant service," which includes operational service, peacekeeping service, or hazardous service (section 7).
The Statement of Principles imposes certain obligations on veterans or their representatives seeking to establish a connection between their idiopathic fibrosing alveolitis and their service. It requires the demonstration of a significant factor, specifically the inability to obtain appropriate clinical management for the disease, which must be linked to their service (sections 5 and 6). The Authority's determination necessitates that this factor must exist before a reasonable hypothesis can be made about the service's contribution to the disease (section 5). Additionally, any claim must provide evidence that aligns with the conditions set out in the Statement, particularly concerning the timing of the disease's onset in relation to service (section 6).
Failure to comply with the requirements of this Statement of Principles may result in the denial of certain entitlements under the Veterans’ Entitlements Act 1986. There are no direct criminal offences or penalties stated in the legislative instrument itself, but non-compliance could lead to the rejection of claims for benefits related to service-connected idiopathic fibrosing alveolitis. The consequences primarily revolve around the potential loss of entitlements, with no explicit mention of maximum penalties within this particular legislative instrument. However, broader legislative frameworks may impose additional consequences for non-compliance or misrepresentation in claims for veterans' benefits.