Statement of Principles concerning posterior adventitial heel bursitis No. 55 of 1996

Overview

The Veterans’ Entitlements Act 1986, enacted by the Parliament of Australia, was designed to provide a framework for the recognition and compensation of veterans for injuries or diseases contracted during their service. The Act allows for the determination of Statements of Principles to clarify the circumstances under which particular conditions are considered related to service, thereby facilitating access to benefits and entitlements. The Statement of Principles concerning posterior adventitial heel bursitis, determined by the Repatriation Medical Authority under the Act, aims to address the medical condition of a painful and tender swelling of the ankle due to inflammation and thickening of the superficial subcutaneous adventitial bursa of the Achilles tendon. The policy objective is to provide sound medical-scientific evidence linking this condition to relevant service, thereby ensuring that affected veterans can access appropriate benefits and compensation.

Scope and Application

The Statement of Principles concerning posterior adventitial heel bursitis, determined under the Veterans’ Entitlements Act 1986, applies to veterans, members of Peacekeeping Forces, or members of the Forces who suffer from this condition. The Act addresses both posterior adventitial heel bursitis and death resulting from this condition, with a specific focus on circumstances related to the individual's relevant service. Relevant service includes operational service, peacekeeping service, or hazardous service. The determination hinges on the existence of factors such as wearing ill-fitting closed shoes at the onset or worsening of the condition, or an inability to obtain appropriate clinical management, which must be related to the service provided. This legislative instrument extends its application through subordinate instruments, ensuring a comprehensive approach to veterans' health entitlements. The jurisdiction of this Act is Commonwealth-wide, affecting individuals across Australia who meet the specified criteria related to their service and medical condition.

Key Provisions

The Statement of Principles under clause 1, determined by the Repatriation Medical Authority, pertains to posterior adventitial heel bursitis, a condition marked by painful and tender swelling of the ankle due to inflammation and thickening of the superficial subcutaneous adventitial bursa of the Achilles tendon, identified by ICD code 726.79. Clause 2(a) specifies the injury or condition, while clause 2(b) provides a definition for the condition in the context of this Statement of Principles. The Authority's decision, as outlined in clause 3, is based on medical-scientific evidence indicating a link between posterior adventitial heel bursitis and relevant service in veterans, members of Peacekeeping Forces, or members of the Forces. Clause 4 mandates that for a reasonable hypothesis to be raised connecting posterior adventitial heel bursitis or death from the condition with the circumstances of a person’s service, at least one of the factors set out in clause 5 must be related to their service. Clause 5 lists the minimum factors, including wearing ill-fitting closed shoes at the time of clinical onset or worsening of the condition, or inability to obtain appropriate clinical management. Clause 6 limits the application of paragraphs 5(b) to 5(c) to cases of material contribution to, or aggravation of, posterior adventitial heel bursitis, where the condition was suffered or contracted before or during, but not arising out of, the person’s relevant service. Clause 7 provides definitions for terms used in the Statement of Principles, including "ICD code," "ill fitting closed shoes," and "relevant service." "ICD code" refers to 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). "Ill fitting closed shoes" are defined as footwear which encloses the heel and the back of the foot and exerts painful pressure upon the posterior aspect of the calcaneus or heel bone. "Relevant service" encompasses operational service, peacekeeping service, or hazardous service. There are no specific obligations or requirements imposed by this Statement of Principles on the parties or entities it governs, as it primarily serves to establish a link between the condition and relevant service for the purposes of entitlements. However, it is important for veterans or members of Peacekeeping Forces or the Forces to provide evidence of the factors listed in clause 5 when claiming entitlements related to posterior adventitial heel bursitis. Failure to provide sufficient evidence may result in a denial of entitlements. Furthermore, any person found to have provided false or misleading information in connection with a claim may be subject to civil or criminal penalties under the relevant legislation, including fines and imprisonment. There are no specific offences, penalties, or civil/criminal consequences outlined in this Statement of Principles itself. However, any person who provides false or misleading information in connection with a claim for entitlements may be subject to civil or criminal penalties under the Veterans’ Entitlements Act 1986 or other relevant legislation. The maximum penalties for providing false or misleading information may vary depending on the circumstances and the applicable legislation. For example, under the Veterans’ Entitlements Act 1986, a person may be liable to a fine of up to 100 penalty units or imprisonment for up to two years, or both, for providing false or misleading information in connection with a claim for entitlements. It is essential for claimants to provide accurate and truthful information to avoid potential legal consequences.