Statement of Principles concerning pulmonary thromboembolism No. 3 of 2001

Overview

This Statement of Principles concerning pulmonary thromboembolism, determined under subsection 196B(2) of the Veterans’ Entitlements Act 1986, aims to establish the criteria for linking pulmonary thromboembolism and related deaths to the service of veterans, members of Peacekeeping Forces, or members of the Australian Defence Force. The Repatriation Medical Authority, recognising the medical-scientific evidence connecting these conditions to relevant service, has outlined specific factors that must be related to service to establish a connection. These factors include deep vein thrombosis, venous thrombosis, thrombus in the right atrium or right ventricle, smoking habits, and inability to obtain appropriate clinical management, among others. The policy objective is to ensure that veterans and other eligible persons can access appropriate compensation and support where their pulmonary thromboembolism is linked to their service. The determination is significant as it provides a clear framework for assessing claims related to pulmonary thromboembolism, ensuring that claimants meet the specified criteria to substantiate a connection to their service. By identifying these factors, the legislation aims to streamline the process of claim assessment and provide timely support to those affected by pulmonary thromboembolism as a result of their service.

Scope and Application

The Statement of Principles concerning Pulmonary Thromboembolism ICD-10-AM code: I26, determined under the Veterans’ Entitlements Act 1986, applies to veterans, members of Peacekeeping Forces, and members of the Forces who suffer from pulmonary thromboembolism or death from pulmonary thromboembolism, provided the condition is related to their relevant service. This legislation encompasses individuals who have served in operational, peacekeeping, or hazardous service and subsequently developed pulmonary thromboembolism or died from it. The Statement specifically identifies factors that must be related to the person’s service, such as suffering from deep vein thrombosis or venous thrombosis within 180 days before the clinical onset of pulmonary thromboembolism, or smoking at least 15 cigarettes per day for 90 days before the onset and within 90 days of cessation. The jurisdictional reach of this legislation is governed by the Commonwealth under the Veterans’ Entitlements Act 1986, and it does not exclude any specific groups or conditions, though it does differentiate between factors that contribute to material aggravation or aggravation of the condition. Subordinate instruments may extend or restrict the application of these principles based on further medical-scientific evidence or amendments to the Act.

Key Provisions

The Statement of Principles, as determined under the Veterans’ Entitlements Act 1986, outlines specific conditions related to pulmonary thromboembolism (section 2). Pulmonary thromboembolism, as defined, is the obstruction of the pulmonary artery or its branches by a blood clot originating in the deep venous system, with the ICD-10-AM code I26 assigned to this condition (section 2(b)). The Repatriation Medical Authority has determined that there is sound medical-scientific evidence linking pulmonary thromboembolism and death from pulmonary thromboembolism to relevant military service (section 3). For a connection to be established, at least one factor from clause 5 must be related to the individual’s service (section 4). These factors include suffering from deep vein thrombosis or venous thrombosis within 180 days before the onset of pulmonary thromboembolism, having a thrombus in the right atrium or ventricle at the onset of pulmonary thromboembolism, smoking a minimum of 15 cigarettes per day for at least 90 days before the onset, or inability to obtain appropriate clinical management for pulmonary thromboembolism (section 5). Additionally, paragraph 5(e) only applies if the pulmonary thromboembolism was suffered or contracted before or during service, but not arising out of service (section 6). The Statement of Principles imposes obligations on individuals seeking to establish a connection between their pulmonary thromboembolism and their military service. Claimants must demonstrate that at least one of the specified factors in section 5 is related to their service. This requirement ensures that the connection is substantiated by medical and service-related evidence. The document also clarifies that if a relevant factor includes an injury or disease with an existing Statement of Principles, the terms of that Statement apply (section 7). Furthermore, definitions provided in section 8 help clarify terms such as "relevant service," "terminal event," "deep vein thrombosis," "venous thrombosis," and "ICD-10-AM code," ensuring that all parties have a common understanding of these medical and legal terms. There are no explicit offences, penalties, or civil/criminal consequences mentioned within the Statement of Principles itself. However, the accuracy and completeness of the evidence provided by claimants are critical, as any misrepresentation or omission could lead to the denial of entitlements. While the Statement of Principles does not detail penalties for incorrect claims, the broader legislative framework under which it operates may include provisions for penalties related to fraudulent claims. The focus of the Statement is on establishing a clear and medically-supported link between the claimed condition and relevant service, rather than penalising non-compliance.