Statement of Principles concerning metatarsalgia No. 39 of 1996

Overview

The Statement of Principles concerning Metatarsalgia (F2008B00537), enacted in 1996, addresses the issue of chronic pain in the ball of the foot, known as metatarsalgia, and its potential connection to service rendered by veterans, members of Peacekeeping Forces, or members of the Armed Forces. This legislative instrument was determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986, with the aim of establishing a framework for recognising metatarsalgia as a service-related injury or aggravation. The policy objective is to provide clear criteria for linking metatarsalgia to service, ensuring that veterans and service members can seek appropriate compensation and medical treatment for conditions arising from or exacerbated by their service. The Statement of Principles outlines specific factors that must exist to establish a connection between metatarsalgia and service, including fractures, soft tissue lesions, and foot deformities. The document also provides definitions for key terms and specifies that certain factors apply only in cases where metatarsalgia was present before or during service but not necessarily arising out of it. This legislative instrument aims to clarify the circumstances under which metatarsalgia can be considered a service-related condition, thereby facilitating the assessment and compensation processes for affected individuals.

Scope and Application

The Statement of Principles concerning metatarsalgia, as determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986, applies specifically to veterans, members of Peacekeeping Forces, and members of the Australian Defence Force who have contracted metatarsalgia, or died from it, as a result of their service. This legislation targets individuals who have experienced chronic pain in the ball of the foot due to structural disorders, attracting ICD code 726.70. The application of this legislation is limited to those who have served in operational, peacekeeping, or hazardous service, as defined within the Act. It does not extend to civilian personnel or those whose conditions do not meet the specific criteria outlined in the Statement of Principles. Notably, this determination does not encompass other causes of midfoot pain that fall under different disease-specific Statements of Principles. The geographical reach of this legislation is limited to Australia, applying within the jurisdiction of the Commonwealth as defined by the Veterans’ Entitlements Act 1986. The Act may extend or restrict its application through subordinate instruments, though no such instruments are mentioned in this particular Statement of Principles.

Key Provisions

The Statement of Principles concerning metatarsalgia, determined under the Veterans’ Entitlements Act 1986 (section 196B(2)), outlines the circumstances under which metatarsalgia and death from metatarsalgia can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. Metatarsalgia, as defined in the Statement, refers to chronic pain in the ball of the foot due to disorders in the structures therein, with the ICD code 726.70. The Statement aims to establish a connection between the chronic pain and the service rendered by the individual, particularly if specific conditions or injuries occurred within the stipulated timeframes. Under this legislation, the Repatriation Medical Authority requires that certain factors be present and related to the person's relevant service to establish a reasonable hypothesis connecting metatarsalgia or death from metatarsalgia with the service (section 5). These factors include suffering a fracture in a metatarsal head, neck or shaft, or in a proximal phalangeal base within three months before the clinical onset or worsening of metatarsalgia; suffering from a soft tissue lesion in the area of a metatarsal head at the time of clinical onset or worsening of metatarsalgia; suffering from a foot deformity listed in the Statement at the time of clinical onset or worsening of metatarsalgia; or being unable to obtain appropriate clinical management for the metatarsalgia. Paragraphs 5(d) to 5(g) apply specifically to cases where the metatarsalgia was suffered or contracted before or during service but not arising out of it. The Statement imposes the obligation on the Repatriation Medical Authority to ensure that the necessary medical-scientific evidence is sound and that the factors listed are related to the service. This includes verifying that the injuries or conditions occurred within the specified timeframes and that they meet the criteria outlined in the Statement. The definition of relevant service includes operational service, peacekeeping service, and hazardous service (section 7). There are no explicit offences, penalties, or civil/criminal consequences mentioned in the Statement of Principles itself. However, failure to comply with the requirements of the Veterans’ Entitlements Act 1986 or to provide necessary evidence could potentially lead to disputes or challenges in the adjudication of veterans' entitlements. The maximum penalties for breaches of the Act would be determined under the relevant sections of the Act and would not be specified within this particular Statement of Principles.