Instrument No.181 of 1995
Statement of Principles
concerning
Ureteric calculus
ICD CODE: 592.1
Veterans' Entitlements Act 1986
subsection 196B(3)
1. Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that ureteric calculus and death from ureteric calculus can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, ureteric calculus or death from ureteric calculus is connected with the circumstances of that service, are:
(a) suffering from nephrolithiasis immediately before the clinical onset of signs or symptoms of ureteric calculus; or
(b) inability to obtain appropriate clinical management for the ureteric calculus.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) and 1(b) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(b) applies only where:
(a) the person's ureteric calculus developed before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the ureteric calculus and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), or 70(5)(d) of the Act.
4. For the purposes of this Statement of Principles:
“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472
“nephrolithiasis” (also known as renal calculi) means a condition marked by the presence of kidney stones that consist of calcium salts (predominantly oxalate or phosphate), uric acid, cystine or struvite (the triple salt of magnesium, ammonium and phosphate); attracting ICD code 274.11 or 592.0;
“ureteric calculus” means the presence of stones, generally smaller than 0.5 cm in diameter, that arise from the kidney and pass into the ureter impacting at sites of ureteral narrowing, attracting ICD code 592.1.
Dated this Twenty-fifth day of May 1995
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 address the need for a comprehensive framework that recognises and provides entitlements to veterans and members of the Australian Defence Forces for disabilities and injuries related to their service. The Act aims to ensure that those who have served are appropriately compensated for health issues that can be linked to their military service. Enacted by the Parliament of Australia, the Act establishes various provisions to facilitate this objective, including the ability to link specific medical conditions to service through statements of principles. These statements help clarify the circumstances under which certain conditions are considered service-related, thereby enabling eligible individuals to access appropriate benefits and support.
In 1995, the Repatriation Medical Authority, under the authority granted by subsection 196B(3) of the Veterans' Entitlements Act 1986, issued a Statement of Principles concerning ureteric calculus, identified by ICD code 592.1. This legislative instrument was introduced to address the medical-scientific evidence suggesting a probable connection between ureteric calculus, a condition involving the presence of stones in the ureter, and service rendered by veterans and defence force members outside of operational or hazardous circumstances. The policy objective was to establish clear criteria for determining when ureteric calculus or death from such a condition could be considered connected to non-hazardous service, ensuring that affected individuals could seek the necessary entitlements and support.
Scope and Application
The Statement of Principles concerning Ureteric Calculus, under the Veterans' Entitlements Act 1986, applies to veterans and members of the Australian Defence Forces who have rendered service other than operational or hazardous service. The Act stipulates that for a veteran or member to be considered for entitlements related to ureteric calculus, there must be a connection between the service and the condition, evidenced by either a pre-existing condition of nephrolithiasis prior to the onset of ureteric calculus symptoms or an inability to obtain appropriate clinical management for the ureteric calculus. This connection must be directly related to the service period in question, with specific stipulations that the calculus developed before a period of service, and the relationship between the condition and service must align with particular criteria set out in the Act. This legislative instrument provides a framework for determining the eligibility of veterans and Defence members for benefits in cases where ureteric calculus is involved, thereby ensuring that claims are assessed based on sound medical-scientific evidence.
Key Provisions
The Statement of Principles under the Veterans’ Entitlements Act 1986 (section 196B(3)) sets forth specific conditions that must be met for ureteric calculus or death from ureteric calculus to be considered connected with eligible war service or defence service. The primary operative sections of the document state that a veteran or member of the Forces must have either suffered from nephrolithiasis immediately before the clinical onset of signs or symptoms of ureteric calculus (section 1(a)), or have been unable to obtain appropriate clinical management for the ureteric calculus (section 1(b)). The determination hinges on the presence of at least one of these factors being related to the service rendered by the individual.
The obligations imposed by the Act on the parties it governs are centred around the medical and service histories of the veterans and members of the Forces. Specifically, they must provide evidence of having suffered from nephrolithiasis prior to the onset of ureteric calculus symptoms, or demonstrate that they were unable to receive adequate clinical management for their condition, and that these circumstances are linked to their service. This evidence must be substantiated by appropriate medical documentation and service records. The Repatriation Medical Authority is tasked with evaluating this evidence to determine the connection between the service and the condition.
In terms of consequences for breach, the Statement of Principles does not explicitly outline criminal or civil penalties for non-compliance or misrepresentation of facts. However, the seriousness of the matter lies in the potential denial of benefits and entitlements under the Veterans’ Entitlements Act 1986. Misrepresentation or failure to provide accurate information could result in the invalidation of a claim for service-connected disability benefits. Furthermore, the credibility of future claims by the individual may be compromised, leading to difficulties in obtaining other related benefits or services.