Federal Register of Legislation
Statement of Principles concerning DISCOID LUPUS ERYTHEMATOSUS (Balance of Probabilities) (No. 127 of 2015) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 16 October 2015
The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
Professor Nicholas Saunders AO Chairperson
Contents 1 Name 2 Commencement 3 Authority 4 Application 5 Definitions 6 Kind of injury, disease or death to which this Statement of Principles relates 7 Basis for determining the factors 8 Factors that must exist 9 Relationship to service 10 Factors referring to an injury or disease covered by another Statement of Principles Schedule 1 - Dictionary 1 Definitions
1 Name This is the Statement of Principles concerning discoid lupus erythematosus (Balance of Probabilities) (No. 127 of 2015). 2 Commencement This instrument commences on 16 November 2015. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies. 5 Definitions The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument. 6 Kind of injury, disease or death to which this Statement of Principles relates (1) This Statement of Principles is about discoid lupus erythematosus and death from discoid lupus erythematosus. Meaning of discoid lupus erythematosus (2) For the purposes of this Statement of Principles, discoid lupus erythematosus means: (a) a form of chronic cutaneous lupus erythematosus that commonly presents with erythematous, scaly plaques which often heal with scarring and atrophy; and (b) excludes systemic lupus erythematosus. (3) While discoid lupus erythematosus attracts ICD‑10‑AM code L93.0, in applying this Statement of Principles the meaning of discoid lupus erythematosus is that given in subsection (2). (4) For subsection (3), a reference to an ICD‑10‑AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD‑10‑AM), Ninth Edition, effective date of 1 July 2015, copyrighted by the Independent Hospital Pricing Authority, ISBN 978‑1‑76007‑020‑5. Death from discoid lupus erythematosus (5) For the purposes of this Statement of Principles, discoid lupus erythematosus, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's discoid lupus erythematosus. Note: terminal event is defined in the Schedule 1 – Dictionary. 7 Basis for determining the factors On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that discoid lupus erythematosus and death from discoid lupus erythematosus can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA. Note: relevant service is defined in the Schedule 1 – Dictionary. 8 Factors that must exist At least one of the following factors must exist before it can be said that, on the balance of probabilities, discoid lupus erythematosus or death from discoid lupus erythematosus is connected with the circumstances of a person's relevant service: (1) being exposed to sunlight or ultraviolet light at a level sufficient to induce erythema at least 24 hours, but not more than 30 days, before the clinical onset of discoid lupus erythematosus; (2) being treated with a class of drug from the specified list of classes of drugs at the time of the clinical onset of discoid lupus erythematosus; Note: specified list of classes of drugs is defined in the Schedule 1 - Dictionary. (3) having an injury to the skin at the affected site within the 30 days before the clinical onset of discoid lupus erythematosus; Note: injury to the skin is defined in the Schedule 1 - Dictionary. (4) being exposed to sunlight or ultraviolet light at a level sufficient to induce erythema at least 24 hours, but not more than 30 days, before the clinical worsening of discoid lupus erythematosus; (5) being treated with a class of drug from the specified list of classes of drugs at the time of the clinical worsening of discoid lupus erythematosus; Note: specified list of classes of drugs is defined in the Schedule 1 - Dictionary. (6) having an injury to the skin at the affected site within the 30 days before the clinical worsening of discoid lupus erythematosus; Note: injury to the skin is defined in the Schedule 1 - Dictionary. (7) where smoking has not ceased before the clinical worsening of discoid lupus erythematosus, smoking at least ten pack-years of cigarettes, or the equivalent thereof in other tobacco products, before the clinical worsening of discoid lupus erythematosus; Note: pack-years of cigarettes, or the equivalent thereof in other tobacco products is defined in the Schedule 1 - Dictionary. (8) inability to obtain appropriate clinical management for discoid lupus erythematosus. 9 Relationship to service (1) The existence in a person of any factor referred to in section 8, must be related to the relevant service rendered by the person. (2) The factors set out in subsections 8(4) to 8(8) apply only to material contribution to, or aggravation of, discoid lupus erythematosus where the person's discoid lupus erythematosus was suffered or contracted before or during (but did not arise out of) the person's relevant service. 10 Factors referring to an injury or disease covered by another Statement of Principles In this Statement of Principles: (1) if a factor referred to in section 8 applies in relation to a person; and (2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA; then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
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