Statement of Principles concerning internal derangement of the knee No. 60 of 1997

Overview

The Determination of Statement of Principles concerning Internal Derangement of the Knee ICD Codes: 717.0-717.5, 717.8, 717.9 was enacted under the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority in 1997. This Statement of Principles addresses the issue of chronic knee disorders in veterans, specifically internal derangement of the knee, which is a chronic disorder due to torn or ruptured menisci or ligaments in the knee, leading to pain, instability, or abnormal mobility. This legislation excludes other knee-related conditions such as chondromalacia patellae, congenital discoid meniscus, cysts of the menisci, and degenerative processes like osteoarthrosis. The primary policy objective of this Statement of Principles is to establish a clear connection between internal derangement of the knee and relevant military service, thereby ensuring that veterans who suffer from this condition can access appropriate entitlements and support.

Scope and Application

This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, applies to veterans and members of the Defence Forces who have suffered from internal derangement of the knee or death resulting from this condition. Specifically, the Statement addresses chronic knee disorders caused by torn, ruptured, or deranged meniscus, or torn or stretched knee ligaments, as classified under certain ICD codes. The principles exclude certain conditions such as chondromalacia patellae, congenital discoid meniscus, cysts of the menisci, and other degenerative processes. The Act’s application is limited to veterans who experienced direct trauma or were unable to obtain appropriate clinical management for their knee condition during their relevant service, which includes eligible war service or defence service excluding hazardous service. The instrument may be extended or restricted by subordinate legislation, but the primary focus remains on linking internal derangement of the knee to the circumstances of the veteran's service.

Key Provisions

This legislative instrument, Determination of Statement of Principles concerning Internal Derangement of the Knee, is established under subsection 196B(3) of the Veterans' Entitlements Act 1986 (VEA). It addresses internal derangement of the knee, a chronic disorder caused by torn, ruptured, or deranged meniscus or torn or stretched knee ligaments. This condition results in symptoms such as pain, instability, or abnormal mobility of the knee, and is assigned specific ICD codes (717.0-717.5, 717.8, 717.9). However, this definition excludes conditions like chondromalacia patellae, congenital discoid meniscus, cysts of the menisci, and degenerative processes like osteoarthrosis or loose bodies in the knee joint. The Repatriation Medical Authority has determined, based on available medical-scientific evidence, that internal derangement of the knee and death from this condition can be related to relevant service rendered by veterans or members of the Forces. To establish a connection between the internal derangement of the knee and the service, one of several factors must be met. These factors include suffering a direct trauma or twisting/wrenching injury to the affected knee within six months before the clinical onset or worsening of the condition, resulting in pain and swelling within two hours of the injury, or being unable to obtain appropriate clinical management for the condition. For veterans who suffered internal derangement of the knee before or during their service but not arising out of that service, paragraphs 5(b) and 5(c) apply only to material contribution to or aggravation of the condition. The definition of "relevant service" under this instrument includes eligible war service (excluding operational service) and defence service (excluding hazardous service). The Act imposes obligations on the parties it governs, including the requirement for veterans or their representatives to provide evidence of the factors outlined in the Statement of Principles to substantiate a claim. Failure to meet these criteria may result in the denial of entitlements under the Act. There are no explicit offences, penalties, or consequences outlined in the legislative instrument itself. However, the Act generally provides for a range of civil and criminal penalties for breaches, including fines and imprisonment, depending on the nature and severity of the breach. The maximum penalties would be determined by the specific provisions of the VEA.