Statement of Principles concerning plantar fasciitis No. 4 of 2000

Administered by Department of Veterans' Affairs

Legislation au F2005B02414 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

PLANTAR FASCIITIS

Instrument No. 4 of 2000 as amended

made under section 196B(3) 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. 48 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(3) of the Veterans’ Entitlements Act 1986 (the Act):

 

(a) revokes Instrument No.38 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that plantar fasciitis and death from plantar fasciitis can be related to relevant service rendered by veterans 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 exist before it can be said that, on the balance of probabilities, plantar fasciitis or death from plantar fasciitis is connected 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 20 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 20 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) or 70(5)(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 having 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) eligible war service (other than operational service); or

(b)              defence service (other than 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 120B of the Act applies.

 

 

 

 

 

Notes to Statement of Principles concerning plantar fasciitis (Instrument No. 4 of 2000)

The Statement of Principles concerning plantar fasciitis (Instrument No. 4 of 2000) in force under section 196B(3) 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. 4 of 2000)

9 February 2000

(see Gazette 2000, No. GN 5)

9 February 2000

 

Amendment of Statement of Principles concerning plantar fasciitis (Instrument No. 48 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. 48 of 2003

 

 

Overview

The Statement of Principles concerning Plantar Fasciitis, first issued in 2000 and amended in 2003, was enacted under section 196B(3) of the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority. This legislation was introduced to address the problem of determining the service-relatedness of plantar fasciitis and its related deaths among veterans. Plantar fasciitis, a painful condition of the foot resulting from inflammation or contracture of the plantar fascia, is covered by the ICD-10-AM code M72.2. The Authority determined that it is more probable than not that plantar fasciitis and related deaths can be connected to relevant service under certain specified conditions, including trauma, fractures, running, obesity, or certain arthritic conditions. The objective of this Statement of Principles is to provide a framework for assessing the service-relatedness of plantar fasciitis in veterans, ensuring they receive appropriate benefits and recognition for service-related injuries.

Scope and Application

This legislative instrument, the Statement of Principles concerning Plantar Fasciitis, applies to all matters governed by section 120B of the Veterans’ Entitlements Act 1986. It specifically addresses 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), as well as death from plantar fasciitis. The Statement of Principles aims to establish the connection between plantar fasciitis and the relevant service rendered by veterans or members of the Australian Defence Forces. To qualify, at least one of the specified factors, such as suffering a fracture of the calcaneus or trauma to the plantar aspect of the affected foot within the year immediately before the clinical onset of plantar fasciitis, must be related to the service rendered. The instrument also includes definitions for terms like "arthritic conditions in the specified list" and "being obese," and it incorporates other statements of principles for related injuries or diseases. The application of this Statement of Principles is determined by the Veterans’ Entitlements Act 1986, and it was last amended in 2003.

Key Provisions

This legislative instrument (F2005B02414), specifically the Statement of Principles concerning Plantar Fasciitis (Instrument No. 4 of 2000 as amended), outlines the criteria under which plantar fasciitis and related deaths can be considered connected to relevant service rendered by veterans or members of the Australian Defence Forces. The main sections of this instrument (sections 1 through 9) detail the types of injuries and diseases covered, the basis for determining the factors that must be related to service, and the specific factors that must exist for a connection to be established. According to this instrument, plantar fasciitis is a painful condition of the subcalcaneal aspect of the foot, and it is related to relevant service if at least one of the specified factors is connected to that service (section 4). These factors include suffering a fracture of the calcaneus, experiencing trauma to the plantar aspect of the foot, running an average of at least 20 km per week, being obese, suffering from certain arthritic conditions, or being unable to obtain appropriate clinical management for the condition (section 5). The obligations and requirements imposed by this instrument primarily involve establishing the connection between plantar fasciitis and relevant service. To meet these requirements, claimants must demonstrate that at least one of the specified factors existed at the time of the clinical onset or worsening of the condition and that this factor was related to their service (section 4). Additionally, if a relevant factor includes an injury or disease for which there is another Statement of Principles, the factors in that Statement must also apply (section 7). Claimants must provide evidence to support their claims, and the Repatriation Medical Authority will assess this evidence based on the medical-scientific evidence available. Failure to comply with the requirements or intentionally providing false information may lead to civil or criminal consequences. While the instrument does not explicitly state penalties for non-compliance, the Veterans’ Entitlements Act 1986, under which this instrument is made, generally outlines the legal framework for dealing with such cases. The penalties for providing false or misleading information can include fines, imprisonment, or both, depending on the severity of the offence. It is essential for claimants to provide accurate and truthful information to avoid any legal repercussions.

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