Statement of Principles concerning non-aneurysmal aortic atherosclerotic disease No. 68 of 1998

Administered by Department of Veterans' Affairs

Legislation au F2005B02878 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

NON-ANEURYSMAL AORTIC ATHEROSCLEROTIC DISEASE

Instrument No. 68 of 1998 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 26 May 2006 taking into account Amendment of Statement of Principles concerning NON-ANEURYSMAL AORTIC ATHEROSCLEROTIC DISEASE (Instrument No. 26 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.

Revocation

of

Statement of Principles

concerning

 

AORTIC ATHEROSCLEROTIC DISEASE

 

and

 

Determination

of

Statement of Principles

concerning

NON-ANEURYSMAL AORTIC ATHEROSCLEROTIC DISEASE

 

ICD-9-CM CODES: 440.0, 444.0, 444.1

 

Veterans’ Entitlements Act 1986

 

 

1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.89 of 1995 (Statement of Principles concerning aortic atherosclerotic disease); 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 hypertensionnon-aneurysmal aortic atherosclerotic disease and death from non-aneurysmal aortic atherosclerotic disease.

 

(b) For the purposes of this Statement of Principles, “non-aneurysmal aortic atherosclerotic disease” means the presence of atherosclerosis in the aorta, which causes either:

 

(i) a partial or complete occlusion of the abdominal aorta with clinical manifestations of claudication in the lower back, buttocks, hips, thighs, or calves, or reduced pulsation in the femoral arteries, or pallor and coldness of the lower extremities; or

 

(ii) a penetrating ulcer of the aorta with clinical manifestations of sudden onset of chest or back pain, or haemodynamic instability, or intramural haematoma, or false aortic aneurysm, or aortic rupture,

 

attracting ICD-9-CM codes 440.0, 444.0 or 444.1.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that non-aneurysmal aortic atherosclerotic disease and death from non-aneurysmal aortic atherosclerotic disease 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, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting non-aneurysmal aortic atherosclerotic disease or death from non-aneurysmal aortic atherosclerotic disease with the circumstances of a person’s relevant service are:

 

(a) smoking at least five cigarettes per day or the equivalent thereof in other tobacco products, for at least three years before the clinical onset of non-aneurysmal aortic atherosclerotic disease; or

 

(b) suffering from hypertension before the clinical onset of non-aneurysmal aortic atherosclerotic disease; or

 

(c) suffering from dyslipidaemia before the clinical onset of non-aneurysmal aortic atherosclerotic disease; or

 

(d) suffering from diabetes mellitus before the clinical onset of non-aneurysmal aortic atherosclerotic disease; or

 

(e) for aortic occlusive disease only, undergoing a course of therapeutic radiation to the region of the affected aorta before the clinical onset of non-aneurysmal aortic atherosclerotic disease; or

 

(f) smoking at least five cigarettes per day or the equivalent thereof in other tobacco products, for at least three years before the clinical worsening of non-aneurysmal aortic atherosclerotic disease; or

 

(g) suffering from hypertension, which developed before the clinical worsening of non-aneurysmal aortic atherosclerotic disease; or

 

(h) suffering from dyslipidaemia, which developed before the clinical worsening of non-aneurysmal aortic atherosclerotic disease; or

 

(j) suffering from diabetes mellitus, which developed before the clinical worsening of non-aneurysmal aortic atherosclerotic disease; or

 

(k) for aortic occlusive disease only, undergoing a course of therapeutic radiation to the region of the affected aorta before the clinical worsening of non-aneurysmal aortic atherosclerotic disease; or

 

(m) inability to obtain appropriate clinical management for non-aneurysmal aortic atherosclerotic disease.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(f) to 5(m) apply only to material contribution to, or aggravation of, non-aneurysmal aortic atherosclerotic disease where the person’s non-aneurysmal aortic atherosclerotic disease 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.

 

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 course of therapeutic radiation” means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;

 

“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 non-aneurysmal aortic atherosclerotic disease” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s non-aneurysmal aortic atherosclerotic disease;

 

“dyslipidaemia” generally means evidence of a persistently abnormal lipid profile after the accurate evaluation of serum lipids following a 12 hour overnight fast, and estimated on a minimum of two occasions as a:

 

(a) total serum cholesterol level greater than or equal to 5.5 mmol/L; or

(b) fasting serum triglyceride level greater than or equal to 2.0 mmol/L together with high density lipoprotein cholesterol level less than 0.9 mmol/L;

 

Note: the source for this definition is:  NHF Australia, Guide to Plasma Lipids for                                                                                                   Doctors;

       Current Therapeutics, Vol 33 Supplement 1,                                                                                                   1992.

 

“hypertension” means elevated baseline blood pressure, evidenced by:

 

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

 

(b) administration of antihypertensive therapy;

 

“ICD-9-CM 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;

 

“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 120A of the Act applies.

 


Notes to Statement of Principles concerning non-aneurysmal aortic atherosclerotic disease (Instrument No. 68 of 1998)

The Statement of Principles concerning non-aneurysmal aortic atherosclerotic disease (Instrument No. 68 of 1998) in force under section 196B(2) 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 non-aneurysmal aortic atherosclerotic disease (Instrument No. 68 of 1998)

21 October 1998

(see Gazette 1998, No. GN42)

21 October 1998

 

Amendment of Statement of Principles concerning non-aneurysmal aortic atherosclerotic disease (Instrument No. 26 of 2002)

16 January 2002

(see Gazette 2002, No. GN2)

16 January 2002

 


Table of Amendments

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

Provision affected

How affected

Paragraph 8 – ‘diabetes mellitus’ 

rep. Instrument  No.26 of 2002

 

Overview

The Statement of Principles concerning Non-Aneurysmal Aortic Atherosclerotic Disease, Instrument No. 68 of 1998, was enacted under section 196B(2) of the Veterans' Entitlements Act 1986 to address the recognition and compensation of non-aneurysmal aortic atherosclerotic disease and related deaths among veterans, members of Peacekeeping Forces, and members of the Forces. This legislative instrument, prepared by the Repatriation Medical Authority Secretariat, revoked a previous statement of principles concerning aortic atherosclerotic disease and established new criteria for determining the relationship between non-aneurysmal aortic atherosclerotic disease and relevant service. The policy objective of the Statement of Principles is to ensure that there is sound medical-scientific evidence to support the connection between the disease and service, thereby facilitating the provision of appropriate compensation and medical care to affected individuals. The instrument outlines specific factors that must be related to service, including smoking habits, hypertension, dyslipidaemia, diabetes mellitus, and therapeutic radiation, among others.

Scope and Application

The Statement of Principles concerning Non-Aneurysmal Aortic Atherosclerotic Disease Instrument No. 68 of 1998, made under section 196B(2) of the Veterans’ Entitlements Act 1986, applies to all matters to which section 120A of the Act applies. This instrument is relevant for veterans, members of Peacekeeping Forces, and members of the Forces who have contracted or suffered from non-aneurysmal aortic atherosclerotic disease, or who have died from this disease. The instrument revokes the previous Statement of Principles concerning aortic atherosclerotic disease (Instrument No. 89 of 1995) and sets out the new Statement of Principles for non-aneurysmal aortic atherosclerotic disease. It is important to note that this instrument does not apply to aneurysmal aortic atherosclerotic disease, focusing instead on non-aneurysmal forms of the disease. The instrument outlines specific factors that must be related to the relevant service rendered by the person, such as smoking, hypertension, dyslipidaemia, and diabetes mellitus, to establish a reasonable hypothesis connecting the disease with the service. The instrument also includes definitions for various terms used within it, such as "dyslipidaemia" and "hypertension," to ensure clarity and consistency in its application.

Key Provisions

The Statement of Principles concerning Non-Aneurysmal Aortic Atherosclerotic Disease (Instrument No. 68 of 1998) under section 196B(2) of the Veterans’ Entitlements Act 1986 revokes the previous Statement of Principles concerning aortic atherosclerotic disease and establishes new principles regarding non-aneurysmal aortic atherosclerotic disease and death from this condition. This legislative instrument sets out the circumstances under which a veteran, member of Peacekeeping Forces, or member of the Forces can be considered to have contracted non-aneurysmal aortic atherosclerotic disease or death from this condition due to their service. The legislation specifies that at least one of the listed factors must be related to the person’s relevant service, which includes operational service, peacekeeping service, or hazardous service, for a reasonable hypothesis to be raised connecting the disease or death with service (Section 5). The obligations imposed by the Act include that at least one of the specified factors must be linked to the service rendered by the veteran or member. These factors range from smoking habits, pre-existing conditions such as hypertension, dyslipidaemia, and diabetes mellitus, to undergoing therapeutic radiation in the affected area. For cases of aortic occlusive disease, specific criteria must be met regarding smoking habits and therapeutic radiation (Section 5). Additionally, the inability to obtain appropriate clinical management for the disease is also considered a relevant factor (Section 5(m)). The Act also mandates that if a relevant factor includes an injury or disease with an existing Statement of Principles, the terms of that Statement apply (Section 7). Breaches of the provisions outlined in this Statement of Principles do not explicitly detail specific offences, penalties, or consequences. However, under the Veterans’ Entitlements Act 1986, any failure to comply with the requirements for claiming veterans' benefits, including providing necessary documentation or information, could lead to civil or criminal penalties. These penalties may include fines, imprisonment, or other sanctions as prescribed by the Act. The Act provides a framework for the enforcement of its provisions, ensuring that claimants adhere to the stipulated guidelines and criteria for eligibility.

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