Federal Register of Legislation
Statement of Principles concerning ROTATOR CUFF SYNDROME (Balance of Probabilities) (No. 110 of 2022) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 21 October 2022.
The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
Professor Terence Campbell AM Chairperson
Contents 1 Name 2 Commencement 3 Authority 4 Repeal 5 Application 6 Definitions 7 Kind of injury, disease or death to which this Statement of Principles relates 8 Basis for determining the factors 9 Factors that must exist 10 Relationship to service 11 Factors referring to an injury or disease covered by another Statement of Principles Schedule 1 - Dictionary 1 Definitions................................................9
1 Name This is the Statement of Principles concerning rotator cuff syndrome (Balance of Probabilities) (No. 110 of 2022). 2 Commencement This instrument commences on 21 November 2022. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning rotator cuff syndrome No. 101 of 2014 (Federal Register of Legislation No. F2014L01379) made under subsections 196B(3) and (8) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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. 6 Definitions The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument. 7 Kind of injury, disease or death to which this Statement of Principles relates (1) This Statement of Principles is about rotator cuff syndrome and death from rotator cuff syndrome. Meaning of rotator cuff syndrome (2) For the purposes of this Statement of Principles, rotator cuff syndrome: (a) means a clinically symptomatic inflammatory or degenerative disorder of the rotator cuff of the shoulder joint or the long head of biceps and their associated bursae; and (b) includes: (i) calcifying tendonitis of the shoulder; (ii) rotator cuff tear or rupture; (iii) rotator cuff impingement syndrome; (iv) rotator cuff tendinopathy or tendonitis; (v) subacromial impingement syndrome; (vi) supraspinatus syndrome; or (vii) tendonitis of the long head of the biceps; and (c) excludes adhesive capsulitis of the shoulder. Note 1: The rotator cuff is the musculotendinous cuff of the shoulder joint comprising supraspinatus, infraspinatus, subscapularis and teres minor muscles. Associated bursae include the subacromial or subdeltoid bursae. Note 2: Rotator cuff syndrome is characterised by persistent pain and tenderness in the shoulder that usually worsens when the arm is abducted into an overhead position. (3) While rotator cuff syndrome attracts ICD‑10‑AM codes; M75.1, M75.2, M75.3, M74.4 or M74.5, in applying this Statement of Principles the meaning of rotator cuff syndrome 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), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4. Death from rotator cuff syndrome (5) For the purposes of this Statement of Principles, rotator cuff syndrome, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's rotator cuff syndrome. Note: terminal event is defined in the Schedule 1 – Dictionary. 8 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 rotator cuff syndrome and death from rotator cuff syndrome can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA. Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary. 9 Factors that must exist At least one of the following factors must exist before it can be said that, on the balance of probabilities, rotator cuff syndrome or death from rotator cuff syndrome is connected with the circumstances of a person's relevant service: (1) having an injury to the affected shoulder within the 30 days before the clinical onset of rotator cuff syndrome;
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