Instrument No.2 of 1997
Determination
of
Statement of Principles
concerning
RELAPSING POLYCHONDRITIS
ICD CODE: 733.99
Veterans’ Entitlements Act 1986
1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).
Kind of injury, disease or death
2. (a) This Statement of Principles is about relapsing polychondritis and death from relapsing polychondritis.
(b) For the purposes of this Statement of Principles, “relapsing polychondritis” means an episodic and often progressive multisystem inflammatory disorder affecting predominantly the cartilage of the ears, nose, and tracheobronchial tree, and which may also affect the internal structures of the eyes and ears, the heart, blood vessels, kidneys, skin and joints, attracting ICD code 733.99.
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 relapsing polychondritis and death from relapsing polychondritis 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, the factor set out in the paragraph in clause 5 must be related to any relevant service rendered by the person.
Factors
5. The factor that must exist before it can be said that, on the balance of probabilities, relapsing polychondritis or death from relapsing polychondritis is connected with the circumstances of a person’s relevant service is:
(a) inability to obtain appropriate clinical management for relapsing polychondritis.
Factors that apply only to material contribution or aggravation
6. Paragraph 5(a) applies only to material contribution to, or aggravation of, relapsing polychondritis where the person’s relapsing polychondritis 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.
Other definitions
7. For the purposes of this Statement of Principles:
“ICD 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) eligible war service (other than operational service); or
(b) defence service (other than hazardous service).
Dated this Twenty-second day of January 1997
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The Veterans' Entitlements Act 1986 was enacted to provide a legislative framework for the entitlements of veterans and their families in Australia. This Act addresses the gap in ensuring that veterans who suffer from diseases or conditions as a result of their service receive the necessary recognition and support. The Repatriation Medical Authority, established under the Act, plays a pivotal role in determining the eligibility of veterans for benefits related to their health conditions. The policy objective is to provide fair and comprehensive support to veterans, recognising the sacrifices they have made for their country. The legislative instrument, Instrument No.2 of 1997, specifically determines the Statement of Principles concerning relapsing polychondritis, a condition that affects various cartilage structures in the body and can be related to service rendered by veterans. This determination ensures that veterans suffering from this condition, or who died from it, receive appropriate recognition and benefits under the Act.
Scope and Application
This legislative instrument, known as the Statement of Principles concerning Relapsing Polychondritis (ICD Code: 733.99), is determined under the Veterans' Entitlements Act 1986. It pertains specifically to veterans and members of the Australian Defence Force who have been diagnosed with relapsing polychondritis or who have died from the condition. The determination is made by the Repatriation Medical Authority, which is tasked with evaluating the likelihood that the condition is related to the person's service. The legislation applies to those who have served in eligible war service or defence service, excluding operational or hazardous service, and it addresses the inability to obtain appropriate clinical management for the condition as a key factor. The scope of this legislative instrument is confined to the assessment of veterans' claims under the Act, and it does not extend to other groups or circumstances outside the specified conditions and service definitions. The instrument further refines the application of the Act by detailing the criteria that must be met for a claim to be substantiated, including the temporal relationship between the service and the onset of the condition.
Key Provisions
The Statement of Principles, as set out in this legislative instrument (C2010L00035), pertains to relapsing polychondritis and death resulting from relapsing polychondritis, and was determined by the Repatriation Medical Authority under the authority of the Veterans' Entitlements Act 1986 (section 196B(3)). This legislative instrument identifies relapsing polychondritis as an episodic and often progressive multisystem inflammatory disorder that predominantly affects the cartilage of the ears, nose, and tracheobronchial tree, and may also affect other internal structures such as the eyes, ears, heart, blood vessels, kidneys, skin, and joints, with an ICD code of 733.99 (section 2(b)). The Repatriation Medical Authority has determined, based on available medical-scientific evidence, that it is more probable than not that relapsing polychondritis and death from relapsing polychondritis can be related to relevant service rendered by veterans or members of the Forces (section 3).
The Statement of Principles outlines the factors that must be related to the service rendered by the person to establish a connection between relapsing polychondritis or death from relapsing polychondritis and the person's relevant service (section 4). Specifically, the factor that must exist is the inability to obtain appropriate clinical management for relapsing polychondritis (section 5(a)). This factor applies only to material contribution to, or aggravation of, relapsing polychondritis where the person's relapsing polychondritis was suffered or contracted before or during (but not arising out of) the person's relevant service (section 6). The legislative instrument provides definitions for terms such as "ICD code" and "relevant service" (section 7).
Regarding the obligations and requirements imposed by this Act, veterans or members of the Forces who have suffered from relapsing polychondritis or who have died from relapsing polychondritis are entitled to certain benefits if it can be established that their condition is related to their relevant service. To qualify for these benefits, the veteran or member must demonstrate that they were unable to obtain appropriate clinical management for relapsing polychondritis, and that this inability is related to their service. It is important to note that this entitlement only applies if the relapsing polychondritis was suffered or contracted before or during (but not arising out of) the person's relevant service.
There are no offences, penalties, or civil/criminal consequences specified within this legislative instrument. However, failure to comply with the requirements or provide the necessary evidence to establish the connection between relapsing polychondritis or death from relapsing polychondritis and relevant service may result in the denial of benefits or entitlements. It is essential for veterans or members of the Forces to provide accurate and comprehensive documentation to support their claims, as the Repatriation Medical Authority will assess the evidence on a case-by-case basis.