Statement of Principles concerning renal artery atherosclerotic disease No. 39 of 1998

Administered by Department of Veterans' Affairs

Legislation au F2005B02931 Not in force Legislative Instrument

Legislation content

 

Statement of Principles

concerning

RENAL ARTERY ATHEROSCLEROTIC DISEASE

Instrument No. 39 of 1998 as amended

made under section 196B(2) 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. 24 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Determination

of

Statement of Principles

concerning

RENAL ARTERY ATHEROSCLEROTIC DISEASE

ICD-9-CM CODE: 440.1440.1

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).

 

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. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that renal artery atherosclerotic disease and death from renal artery atherosclerotic disease can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting renal artery atherosclerotic disease or death from renal artery atherosclerotic disease with the circumstances of a person’s relevant service are:

 

(a) smoking at least 10 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 five 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 10 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), 70(5)(d) or 70(5A)(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:

 

  • total serum cholesterol level greater than or equal to 5.5 mmol/L; or

 

  • 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) operational service; or

(b) peacekeeping service; or

(c) 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. 39 of 1998)

The Statement of Principles concerning renal artery atherosclerotic disease (Instrument No. 39 of 1998) in force under section 196B(2) 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. 39 of 1998)

8 July 1998

(see Gazette 1998, No. GN27)

8 July 1998

 

Amendment of Statement of Principles concerning renal artery atherosclerotic disease (Instrument No. 24 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.24 of 2002

 

Overview

The Statement of Principles concerning Renal Artery Atherosclerotic Disease Instrument No. 39 of 1998, as amended, was made under section 196B(2) of the Veterans’ Entitlements Act 1986 by the Repatriation Medical Authority. This legislative instrument was introduced to address the problem of establishing a link between renal artery atherosclerotic disease and the service of veterans, members of Peacekeeping Forces, or members of the Forces. The primary objective of the Statement of Principles is to provide a framework for determining whether there is a reasonable hypothesis connecting renal artery atherosclerotic disease or death from this condition with the service rendered by these individuals. This legislative instrument outlines specific factors that must be related to the service to establish such a connection, including smoking history, pre-existing conditions like hypertension, diabetes mellitus, and dyslipidaemia, and treatment with specified drugs. These factors must be considered in the context of the person's relevant service to determine if there is a material contribution to, or aggravation of, the disease.

Scope and Application

The Statement of Principles concerning Renal Artery Atherosclerotic Disease, made under section 196B(2) of the Veterans’ Entitlements Act 1986, applies to veterans, members of Peacekeeping Forces, and members of the Forces who suffer from renal artery atherosclerotic disease or who die from it. The Statement of Principles outlines the medical-scientific evidence supporting a connection between the disease and relevant service, and specifies the factors that must be related to the person's service to establish this connection. The disease must meet certain criteria, including at least a 50% partial occlusion or complete occlusion of a renal artery, accompanied by clinical manifestations such as poorly controlled hypertension, renal impairment, or acute pulmonary oedema. Various pre-existing conditions and treatments are also identified as relevant factors that may connect the disease to the person's service. This Statement of Principles is applicable nationally across Australia and is subject to amendments, as evidenced by the amendment made in Instrument No. 24 of 2002.

Key Provisions

The Statement of Principles concerning Renal Artery Atherosclerotic Disease (Instrument No. 39 of 1998) sets out the conditions under which veterans, members of Peacekeeping Forces, or members of the Armed Forces can claim compensation for renal artery atherosclerotic disease and death from such disease, as outlined in section 2 of the instrument. This Statement of Principles applies to cases where the renal artery atherosclerotic disease involves atherosclerosis of the renal arteries causing a partial occlusion of at least 50%, or a complete occlusion, and presents with clinical manifestations such as poorly controlled hypertension, renal impairment, or acute pulmonary oedema. For the purposes of this legislation, renal artery atherosclerotic disease is defined by ICD-9-CM code 440.1. The Repatriation Medical Authority must establish a connection between the disease and the person’s service, considering the factors listed in section 5, which may include smoking, hypertension, diabetes mellitus, dyslipidaemia, treatment with specified drugs, or inability to obtain appropriate clinical management. The obligations imposed by this Statement of Principles include the necessity for at least one of the specified factors to be related to the person's relevant service, as per section 4. For example, if the disease is linked to smoking, the individual must have smoked at least 10 pack years before the clinical onset or worsening of the disease. Additionally, certain factors only apply to cases where the disease was suffered or contracted before or during the service, or where the disease materially contributes to or aggravates the condition, as specified in section 6. The instrument also includes provisions for applying other Statements of Principles if relevant, as noted in section 7. Regarding the consequences of non-compliance or breaches of this Statement of Principles, the legislation does not explicitly detail criminal or civil penalties. Instead, its primary function is to guide the assessment and determination of compensation claims for veterans and service members affected by renal artery atherosclerotic disease. The implications of not meeting the criteria or providing the required evidence to substantiate a claim could result in the denial of compensation benefits. This underscores the importance of adhering to the outlined factors and conditions to ensure the validity and acceptance of any compensation claims under this instrument.

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