Statement of Principles concerning plantar fasciitis No. 3 of 2000

Administered by Department of Veterans' Affairs

Legislation au F2005B02413 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

PLANTAR FASCIITIS

Legislative Instrument No. 3 of 2000 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 7 July 2006
taking into account Amendment of Statement of Principles concerning PLANTAR FASCIITIS (Instrument No. 47 of 2003)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

 

Revocation and Determination

of

Statement of Principles

concerning

PLANTAR FASCIITIS

ICD-10-AM code: M72.2

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.37 of 1996; 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 plantar fasciitis and death from plantar fasciitis.

 

(b) For the purposes of this Statement of Principles, “plantar fasciitis” means a painful condition of the subcalcaneal aspect of the foot resulting from inflammation or contracture of the deep fascia of the sole (plantar fascia), attracting ICD-10-AM code M72.2.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that plantar fasciitis and death from plantar fasciitis 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 plantar fasciitis or death from plantar fasciitis with the circumstances of a person’s relevant service are:

 

(a) suffering a fracture of the calcaneus of the affected foot within the year immediately before the clinical onset of plantar fasciitis; or

 

(b) suffering trauma to the plantar aspect of the affected foot within the year immediately before the clinical onset of plantar fasciitis; or

 

(c) running on average at least 10 km/week in the six months immediately before the clinical onset of plantar fasciitis; or

 

(d) being obese at the time of the clinical onset of plantar fasciitis; or

 

(e) suffering from one of the arthritic conditions in the specified list at the time of the clinical onset of plantar fasciitis; or

 

(f) suffering a fracture of the calcaneus of the affected foot within the year immediately before the clinical worsening of plantar fasciitis; or

 

(g) suffering trauma to the plantar aspect of the affected foot within the year immediately before the clinical worsening of plantar fasciitis; or

 

(h) running on average at least 10 km/week in the six months immediately before the clinical worsening of plantar fasciitis; or

 

(j) being obese at the time of the clinical worsening of plantar fasciitis; or

 

(k) suffering from one of the arthritic conditions in the specified list at the time of the clinical worsening of plantar fasciitis; or

 

(m) inability to obtain appropriate clinical management for plantar fasciitis.

 

 

 

 

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, plantar fasciitis where the person’s plantar fasciitis 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:

 

“arthritic conditions in the specified list” means

(i)                Reiter’s syndrome; or

(ii)              ankylosing spondylitis; or

(iii)           psoriatic arthropathy; or

(iv)            other seronegative spondarthritis; or

(v)              gouty arthritis;

 

“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;

 

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

 

“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), effective date of 1 July 1998, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86451 340 3;

 

 

 

 

“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 plantar fasciitis (Instrument No. 3 of 2000)

The Statement of Principles concerning plantar fasciitis (Instrument No. 3 of 2000) 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 plantar fasciitis (Instrument No. 3 of 2000)

9 February 2000

(see Gazette 2000, No. GN 5)

9 February 2000

 

Amendment of Statement of Principles concerning plantar fasciitis (Instrument No. 47 of 2003)

15 October 2003

(see Gazette 2003, No. GN41)

15 October 2003

Table of Amendments

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

Provision affected

How affected

Clause 8 – ‘being obese’..

rs. Instrument  No. 47 of 2003

 

Overview

The Statement of Principles concerning Plantar Fasciitis Legislative Instrument No. 3 of 2000, as amended, was enacted under section 196B(2) of the Veterans’ Entitlements Act 1986. This legislation was introduced to address the issue of plantar fasciitis, a painful condition of the subcalcaneal aspect of the foot resulting from inflammation or contracture of the deep fascia of the sole, and death from plantar fasciitis in veterans, members of Peacekeeping Forces, and members of the Forces. The Repatriation Medical Authority, acting under the authority of the Act, has determined that there is sufficient medical-scientific evidence to link plantar fasciitis and death from plantar fasciitis with relevant service rendered by these groups. The policy objective is to ensure that veterans and other eligible persons receive appropriate recognition and compensation for injuries or diseases related to their service. The Statement of Principles outlines the factors that must be related to service, including suffering a fracture of the calcaneus of the affected foot, trauma to the plantar aspect of the affected foot, running an average of at least 10 km/week, being obese, suffering from specified arthritic conditions, or inability to obtain appropriate clinical management for plantar fasciitis. The Repatriation Medical Authority revoked the previous Instrument No. 37 of 1996 and determined the new Statement of Principles in its place, effective from 9 February 2000. The legislation was subsequently amended by Instrument No. 47 of 2003, which came into effect on 15 October 2003. The current version of the Statement of Principles applies to all matters to which section 120A of the Veterans’ Entitlements Act 1986 applies.

Scope and Application

The Statement of Principles concerning Plantar Fasciitis is a legislative instrument made under section 196B(2) of the Veterans' Entitlements Act 1986. This Statement of Principles relates to plantar fasciitis, a painful condition of the subcalcaneal aspect of the foot resulting from inflammation or contracture of the deep fascia of the sole (plantar fascia), attracting ICD-10-AM code M72.2, and death from plantar fasciitis. It applies to all matters to which section 120A of the Act applies, which encompasses veterans, members of Peacekeeping Forces, and members of the Forces. The Statement of Principles outlines the factors that must exist before it can be said that a reasonable hypothesis has been raised connecting plantar fasciitis or death from plantar fasciitis with the circumstances of a person’s relevant service, including factors such as suffering a fracture of the calcaneus of the affected foot within the year immediately before the clinical onset of plantar fasciitis, suffering trauma to the plantar aspect of the affected foot within the year immediately before the clinical onset of plantar fasciitis, running on average at least 10 km/week in the six months immediately before the clinical onset of plantar fasciitis, being obese at the time of the clinical onset of plantar fasciitis, suffering from one of the arthritic conditions in the specified list at the time of the clinical onset of plantar fasciitis, and other related factors. This Statement of Principles is subject to amendment through subordinate instruments, as demonstrated by the amendment of Instrument No. 47 of 2003.

Key Provisions

This Statement of Principles, as revised under the Veterans’ Entitlements Act 1986, pertains to plantar fasciitis and death from plantar fasciitis, defining the latter as a painful condition of the subcalcaneal aspect of the foot caused by inflammation or contracture of the plantar fascia, coded under ICD-10-AM as M72.2. The Repatriation Medical Authority (RMA) has determined that there is substantial medical-scientific evidence linking plantar fasciitis and death from plantar fasciitis to service rendered by veterans, members of Peacekeeping Forces, or members of the Forces. To establish a connection between plantar fasciitis or death from plantar fasciitis and a person's relevant service, at least one of the specified factors must be related to that service. The operative factors that must exist to establish a reasonable hypothesis connecting plantar fasciitis or death from plantar fasciitis with a person’s relevant service include suffering a fracture of the calcaneus of the affected foot, trauma to the plantar aspect of the affected foot, running an average of at least 10 km per week, being obese, or suffering from specific arthritic conditions within certain timeframes before the clinical onset or worsening of plantar fasciitis. The Statement of Principles also covers cases where the plantar fasciitis was suffered or contracted before or during relevant service but not arising out of it. For the purposes of this Statement of Principles, "being obese" is defined as a Body Mass Index (BMI) of 30 or greater, and "arthritic conditions in the specified list" include Reiter’s syndrome, ankylosing spondylitis, psoriatic arthropathy, other seronegative spondarthritis, and gouty arthritis. The Statement of Principles imposes several obligations and requirements on the parties involved. It mandates that any relevant factor must be related to the service rendered by the person, whether it be operational, peacekeeping, or hazardous service. It also requires that if a relevant factor includes an injury or disease for which there is a separate Statement of Principles, the conditions of that Statement must be adhered to. Additionally, the BMI calculation and definitions provided must be used to determine eligibility criteria such as obesity and the specified list of arthritic conditions. There are no specific offences, penalties, or civil/criminal consequences outlined in the Statement of Principles concerning plantar fasciitis. However, the determination of relatedness between plantar fasciitis or death from plantar fasciitis and relevant service is crucial for eligibility under the Veterans’ Entitlements Act 1986. Failure to meet the criteria outlined in this Statement of Principles may result in the denial of entitlements or benefits related to service-connected plantar fasciitis or death from plantar fasciitis.

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