Statement of Principles concerning renal artery atherosclerotic disease No. 33 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2005B02932 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

RENAL ARTERY ATHEROSCLEROTIC DISEASE

Instrument No. 33 of 1999 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 25 November 2005
taking into account Amendment of Statement of Principles concerning RENAL ARTERY ATHEROSCLEROTIC DISEASE (Instrument No. 25 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Revocation and Determination

of

Statement of Principles

concerning

RENAL ARTERY ATHEROSCLEROTIC DISEASE

ICD-9-CM CODE: 440.1440.1

 

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.40 of 1998 and Instrument No.51 of 1998; and

 

(b) determines in their place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about renal artery atherosclerotic diseaserenal artery atherosclerotic disease and death from renal artery atherosclerotic disease.

 

(b) For the purposes of this Statement of Principles, “renal artery atherosclerotic disease”, means atherosclerosis of the renal arteries, causing a partial occlusion of at least 50%, or a complete occlusion of a renal artery, and together with one of the following clinical manifestations, namely poorly controlled hypertension, or renal impairment, or acute pulmonary oedema, attracting ICD-9-CM code 440.1.

 

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 renal artery atherosclerotic disease and death from renal artery atherosclerotic disease 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, renal artery atherosclerotic disease or death from renal artery atherosclerotic disease is connected with the circumstances of a person’s relevant service are:

 

(a) smoking at least 20 pack years of cigarettes or the equivalent thereof in other tobacco products, before the clinical onset of renal artery atherosclerotic disease; or

 

(b) suffering from hypertension for a period of at least 10 years before the clinical onset of renal artery atherosclerotic disease; or

 

(c) suffering from diabetes mellitus before the clinical onset of renal artery atherosclerotic disease; or

 

(d) suffering from dyslipidaemia before the clinical onset of renal artery atherosclerotic disease; or

 

(e) smoking at least 20 pack years of cigarettes or the equivalent thereof in other tobacco products, before the clinical worsening of renal artery atherosclerotic disease; or

 

(f) suffering from diabetes mellitus before the clinical worsening of renal artery atherosclerotic disease; or

 

(g) suffering from dyslipidaemia before the clinical worsening of renal artery atherosclerotic disease; or

 

(h) being treated with a specified drug before the clinical worsening of renal artery atherosclerotic disease; or

 

(j) inability to obtain appropriate clinical management for renal artery atherosclerotic diseaserenal artery atherosclerotic disease.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(e) to 5(j) apply only to material contribution to, or aggravation of, renal artery atherosclerotic disease where the person’s renal artery atherosclerotic disease 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:

 

“being treated with a specified drug” means being treated with any of the drugs (including where those drugs are contained in preparations) listed in the following Table of Drugs, under the circumstances as specified in the Table, with regard to the mode of administration, dose level, minimum duration of treatment, and temporality (time relationship between the last administration of the drug and the onset or worsening of the disease, as the case may be, where the administration of the drug has ceased).

 

Table of Drugs

Drug or Group of Drugs

Mode *

Dose

Minimum Duration of Treatment 

Temporality

angiotensin converting enzyme inhibitors

O

any dose

one dose

 

within 28 days immediately before

* Abbreviations:  O = oral.

 

“death from renal artery atherosclerotic disease” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s renal artery atherosclerotic disease;

 

“dyslipidaemia” generally means evidence of a persistently abnormal lipid profile after the accurate evaluation of serum lipids following a 12 hour overnight fast, and estimated on a minimum of two occasions as a:

 

(a)              total serum cholesterol level greater than or equal to 5.5 mmol/L; or

 

(b)              fasting serum triglyceride level greater than or equal to 2.0 mmol/L together with high density lipoprotein cholesterol level less than 0.9 mmol/L;

 

Note: the source for this definition is:

NHF Australia, Guide to Plasma Lipids for Doctors; Current Therapeutics, Vol 33 Supplement 1, 1992.

 


“hypertension” means:

 

(a) a usual blood pressure reading where the systolic reading is greater than or equal to 140mmHg and/or where the diastolic reading is greater than or equal to 90mmHg; or

 

(b) where treatment for hypertension is being administered;

 

“ICD-9-CM 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;

 

“pack years of cigarettes or the equivalent thereof, in other tobacco products” means a calculation of consumption where one pack year of cigarettes equals twenty tailor made cigarettes (being the “standard” cigarette pack contents) per day for a period of one calendar year, or

7 300 cigarettes.  One tailor made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight.  One pack year of tailor made cigarettes equates to 7 300 cigarettes, or 7.3kg of smoking tobacco by weight.  Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;

 

“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.

 


Notes to Statement of Principles concerning renal artery atherosclerotic disease (Instrument No. 33 of 1999)

The Statement of Principles concerning renal artery atherosclerotic disease (Instrument No. 33 of 1999) 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 renal artery atherosclerotic disease (Instrument No. 33 of 1999)

12 May 1999

(see Gazette 1999, No. GN19)

12 May 1999

 

Amendment of Statement of Principles concerning renal artery atherosclerotic disease (Instrument No. 25 of 2002)

16 January 2002

(see Gazette 2002, No. GN2)

16 January 2002

 


Table of Amendments

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

Provision affected

How affected

Paragraph 8 – ‘diabetes mellitus’ 

rep. Instrument  No.25 of 2002

 

Overview

The Statement of Principles concerning Renal Artery Atherosclerotic Disease (Instrument No. 33 of 1999) under the Veterans’ Entitlements Act 1986 aims to address the issue of renal artery atherosclerotic disease and death from this disease in veterans. The Repatriation Medical Authority, under the authority granted by section 196B(3) of the Act, has determined that it is more probable than not that such diseases can be related to the service rendered by veterans or members of the Australian Defence Forces. The Statement of Principles outlines the factors that must be related to service, including specific health conditions and lifestyle factors such as smoking and diabetes mellitus, to establish a connection between the disease and the circumstances of the person’s relevant service. This legislative instrument serves to provide a framework for assessing claims related to renal artery atherosclerotic disease, ensuring that veterans who have served under qualifying conditions can receive appropriate recognition and support.

Scope and Application

The Statement of Principles concerning RENAL ARTERY ATHEROSCLEROTIC DISEASE Instrument No. 33 of 1999, made under section 196B(3) of the Veterans’ Entitlements Act 1986, pertains specifically to veterans and members of the Australian Defence Force who are seeking to establish a link between their service and the development or aggravation of renal artery atherosclerotic disease. This Statement of Principles defines renal artery atherosclerotic disease and sets out the conditions under which a causal relationship to service can be determined. The Act applies to veterans who have served in eligible war service or defence service, excluding operational or hazardous service respectively. The legislation outlines various factors that, if present, may establish a connection between the disease and the service rendered, such as smoking history, duration of hypertension, diabetes mellitus, dyslipidaemia, and treatment with specified drugs. These factors must be related to the service unless they are solely contributing to or aggravating pre-existing conditions. The legislation also includes definitions for terms such as 'dyslipidaemia', 'hypertension', and'relevant service', and it specifies the inclusion of other related Statements of Principles if applicable. The geographic reach of this legislation is nationwide, as it is a Commonwealth Act, and it does not specify any exclusions or exemptions beyond the defined service categories. The application of this legislation may be extended or restricted through subordinate instruments, which are not detailed in the provided text.

Key Provisions

This Statement of Principles concerning renal artery atherosclerotic disease (Instrument No. 33 of 1999) outlines the criteria under which renal artery atherosclerotic disease, and death from such disease, can be considered related to relevant service rendered by veterans or members of the Australian Defence Forces. This legislation is made under section 196B(3) of the Veterans’ Entitlements Act 1986 and sets out the circumstances in which such a disease or death can be linked to service (Section 1). To qualify, the disease must meet the clinical definition of renal artery atherosclerotic disease, which involves atherosclerosis of the renal arteries causing at least 50% partial occlusion, or complete occlusion, accompanied by specific clinical manifestations such as poorly controlled hypertension, renal impairment, or acute pulmonary oedema (Section 2). The Act imposes specific obligations on parties seeking to claim that their renal artery atherosclerotic disease is related to their service. Claimants must demonstrate that at least one of several specified factors existed before the onset or worsening of the disease (Section 5). These factors include smoking at least 20 pack years of cigarettes, suffering from hypertension, diabetes mellitus, or dyslipidaemia before the clinical onset or worsening of the disease, being treated with specified drugs before the clinical worsening, or being unable to obtain appropriate clinical management (Section 5). If the disease was suffered or contracted before or during service, additional factors must be present to establish a material contribution to or aggravation of the disease (Section 6). Failure to comply with the provisions outlined in the Statement of Principles may result in a denial of the claim for service connection. While the legislation does not explicitly state penalties for non-compliance, the denial of a claim can have significant consequences for the claimant, including the loss of veterans' entitlements. The determination of service connection is based on the balance of probabilities, and any breach of the conditions outlined in the Statement of Principles may lead to legal challenges or reviews by the Repatriation Medical Authority.

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