Statement of Principles concerning fibromuscular dysplasia No. 60 of 2008

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Statement of Principles
concerning
 
FIBROMUSCULAR DYSPLASIA
No. 60 of 2008
 
for the purposes of the
 
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
 
Title
1.         This Instrument may be cited as Statement of Principles concerning fibromuscular dysplasia No. 60 of 2008.
 
Determination
2.         The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
 
(a)       revokes Instrument No. 51 of 1997 concerning fibromuscular dysplasia; and
(b)       determines in its place this Statement of Principles.
 
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about fibromuscular dysplasia and death from fibromuscular dysplasia.
(b)              For the purposes of this Statement of Principles, "fibromuscular dysplasia" means a nonatherosclerotic, noninflammatory segmental stenosing disease of the muscle layer of arterial walls, with or without focal aneurysmal outpouchings of the affected artery. The disease commonly involves medium-sized arteries and is most often found in the renal artery and the internal carotid artery.
(c)              Fibromuscular dysplasia attracts ICD-10-AM code I77.3.
(d)              In the application of this Statement of Principles, the definition of "fibromuscular dysplasia" is that given at paragraph 3(b) above.
 
Basis for determining the factors
4.         After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of fibromuscular dysplasia or death from fibromuscular dysplasia and which can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA) is that set out in clause 5.
 
Factors that must be related to service
5.         The factor that must as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating fibromuscular dysplasia or death from fibromuscular dysplasia is inability to obtain appropriate clinical management for fibromuscular dysplasia.
 
Other definitions
6.         For the purposes of this Statement of Principles:
 
"death from fibromuscular dysplasia" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s fibromuscular dysplasia;
 
"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification (ICD-10-AM), Sixth Edition, effective date of 1 July 2008, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 016 6;
 
"relevant service" means:
(a)       operational service under the VEA; or
(b)       peacekeeping service under the VEA; or
(c)              hazardous service under the VEA; or
(d)              warlike service under the MRCA; or
(e)              non-warlike service under the MRCA;
 
"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.
 
Application
7.         This Instrument applies to all matters to which section 120A of the VEA or section 338 of the MRCA applies.
 
Date of effect
8.         This Instrument takes effect from 3 September 2008.
 
Dated this       twentieth           day of              August               2008
 
 
The Common Seal of the                  )
Repatriation Medical Authority       )
was affixed to this instrument          )
in the presence of:                            )
 
KEN DONALD
CHAIRPERSON
 

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