Federal Register of Legislation
Statement of Principles concerning INGROWN NAIL (Balance of Probabilities) (No. 73 of 2024) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.
Dated 20 August 2024.
Professor Terence Campbell AM Chairperson by and on behalf of The Repatriation Medical Authority
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 ingrown nail (Balance of Probabilities) (No. 73 of 2024). 1. Commencement This instrument commences on 24 September 2024. 1. Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 1. Repeal The Statement of Principles concerning ingrowing nail No. 107 of 2015 (Federal Register of Legislation No. F2015L01327) made under subsection 196B(3) of the VEA is repealed. 1. 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. 1. Definitions The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument. 1. Kind of injury, disease or death to which this Statement of Principles relates 1. This Statement of Principles is about ingrown nail and death from ingrown nail. Meaning of ingrown nail 1. For the purposes of this Statement of Principles, ingrown nail means a condition in which the nail plate penetrates the soft tissue of the adjacent nail fold resulting in inflammation and pain (includes retronychia). 2. While ingrown nail attracts ICD‑10‑AM code L60.0, in applying this Statement of Principles the meaning of ingrown nail is that given in subsection (2). 3. 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 ingrown nail 1. For the purposes of this Statement of Principles, ingrown nail, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's ingrown nail. Note: terminal event is defined in the Schedule 1 – Dictionary. 1. 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 ingrown nail and death from ingrown nail 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. 1. Factors that must exist At least one of the following factors must exist before it can be said that, on the balance of probabilities, ingrown nail or death from ingrown nail is connected with the circumstances of a person's relevant service: 1. having an acquired deformity of the affected digit which causes the nail to be pushed into the proximate soft tissue at the time of clinical onset; Note: Examples of such a deformity include, but are not limited to hallux valgus, subungual exostosis, or deformity caused by systemic disease. 1. having an injury to the affected nail or the affected nail bed, within the 6 months before the clinical onset or clinical worsening; 2. Being treated with; 1. an oral retinoid; 2. indinavir; 3. an epidermal growth factor inhibitor; 4. cyclosporine (cyclosporin); Within the 6 months before clinical onset or clinical worsening;
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