Federal Register of Legislation
Statement of Principles concerning GLUTEAL TENDINOPATHY (Balance of Probabilities) (No. 95 of 2023) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 25 October 2023.
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
1 Name This is the Statement of Principles concerning gluteal tendinopathy (Balance of Probabilities) (No. 95 of 2023). 2 Commencement This instrument commences on 28 November 2023. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning trochanteric bursitis and gluteal tendinopathy No. 46 of 2015 (Federal Register of Legislation No. F2015L00011) made under subsections 196B(3) and (8) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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 gluteal tendinopathy and death from gluteal tendinopathy. Meaning of gluteal tendinopathy (2) For the purposes of this Statement of Principles, gluteal tendinopathy means a symptomatic inflammatory or degenerative disease of the gluteus medius or gluteus minimus tendons at or near their insertion into the greater trochanter of the hip. Note: Clinical manifestations of gluteal tendinopathy typically include pain and tenderness in the region of the lateral hip or buttock that usually worsens with physical activity. Gluteal tendinopathy can be associated with degenerative tendon tears. (3) While gluteal tendinopathy attracts ICD‑10‑AM code M76.0, in applying this Statement of Principles the meaning of gluteal tendinopathy 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 gluteal tendinopathy (5) For the purposes of this Statement of Principles, gluteal tendinopathy, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's gluteal tendinopathy. 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 gluteal tendinopathy and death from gluteal tendinopathy 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, gluteal tendinopathy or death from gluteal tendinopathy is connected with the circumstances of a person's relevant service: (1) running or jogging an average of at least 60 kilometres per week for the 4 weeks before the clinical onset or clinical worsening of gluteal tendinopathy; (2) undertaking weight bearing exercise involving repeated activity of the hip on the affected side for:
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