{"id":"F2020L01377","name":"Statement of Principles concerning adhesive capsulitis of the shoulder (Balance of Probabilities) (No. 73 of 2020)","slug":"statement-of-principles-concerning-adhesive-capsulitis-of-the-shoulder-balance-of-probabilities-no-7","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440637,"registerId":"F2020L01377-fast-fetch-1775956208115","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning adhesive capsulitis of the shoulder (Balance of Probabilities) (No. 73 of 2020)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 20.2\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n\n\n \n\nStatement of Principles\n\nconcerning\n\nADHESIVE CAPSULITIS OF THE SHOULDER (Balance of Probabilities)\n\n(No. 73 of 2020)\n\nThe Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n \n\nDated 30 October 2020\n\n \n\n \n\n \n\n \n\n \n\n| The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:
|\n| --- |\n| 
Professor Nicholas Saunders AO
Chairperson
|\n\n\n \n\n \n\n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Repeal\n\n5 Application\n\n6 Definitions\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n8 Basis for determining the factors\n\n9 Factors that must exist\n\n10 Relationship to service\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nSchedule 1 - Dictionary\n\n1 Definitions\n\n \n\n\n\n\n1 Name\n\nThis is the Statement of Principles concerning adhesive capsulitis of the shoulder (Balance of Probabilities) (No. 73 of 2020).\n\n2 Commencement\n\n This instrument commences on 30 November 2020.\n\n3 Authority\n\nThis instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.\n\n4 Repeal\n\nThe Statement of Principles concerning adhesive capsulitis of the shoulder No. 8 of 2012 (Federal Register of Legislation No. F2012L00016) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.\n\n6 Definitions\n\nThe terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.\n\n7 Kind of injury, disease or death to which this Statement of Principles relates\n\n(1) This Statement of Principles is about adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder.\n\nMeaning of adhesive capsulitis of the shoulder\n\n(2) For the purposes of this Statement of Principles, adhesive capsulitis of the shoulder means a clinical condition characterised by shoulder pain and stiffness and severe functional restriction of both active and passive shoulder motion, lasting for at least 28 days.\n\nNote 1: Adhesive capsulitis of the shoulder is also known as frozen shoulder.\n\nNote 2: Typically, the initial phase of this condition is characterised by severe pain followed by gradually increasing stiffness.\n\n(3) While adhesive capsulitis of the shoulder attracts ICD‑10‑AM code M75.0, in applying this Statement of Principles the meaning of adhesive capsulitis of the shoulder is that given in subsection (2).\n\n(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.\n\nDeath from adhesive capsulitis of the shoulder\n\n(5) For the purposes of this Statement of Principles, adhesive capsulitis of the shoulder, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's adhesive capsulitis of the shoulder.\n\nNote: terminal event is defined in the Schedule 1 - Dictionary.\n\n8 Basis for determining the factors\n\nOn the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that adhesive capsulitis of the shoulder and death from adhesive capsulitis of the shoulder can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.\n\nNote: MRCA, relevant service and VEA are defined in the Schedule 1 - Dictionary.\n\n9 Factors that must exist\n\nAt least one of the following factors must exist before it can be said that, on the balance of probabilities, adhesive capsulitis of the shoulder or death from adhesive capsulitis of the shoulder is connected with the circumstances of a person's relevant service:\n\n(1) having a significant injury involving the arm or shoulder of the affected side within the six months before the clinical onset of adhesive capsulitis of the shoulder;\n\nNote: significant injury involving the arm or shoulder is defined in the Schedule 1 - Dictionary. \n\n(2) undergoing a surgical procedure involving the shoulder, chest wall or neck of the affected side within the six months before the clinical onset of adhesive capsulitis of the shoulder;\n\n(3) having paralysis of the affected shoulder within the one year before the clinical onset of adhesive capsulitis of the shoulder;\n\n(4) having rotator cuff syndrome of the affected side at the time of the clinical onset of adhesive capsulitis of the shoulder;\n\n(5) having a malignant neoplasm involving the region of the affected shoulder or the adjacent thoracic region, including the breast, within the one year before the clinical onset of adhesive capsulitis of the shoulder;\n\n(6) having diabetes mellitus at the time of the clinical onset of adhesive capsulitis of the shoulder;\n\n(7) having a thyroid disease from the specified list of thyroid diseases at the time of the clinical onset of adhesive capsulitis of the shoulder;\n\nNote: specified list of thyroid diseases is defined in the Schedule 1 - Dictionary.\n\n(8) having Parkinson's disease at the time of the clinical onset of adhesive capsulitis of the shoulder;\n\n(9) taking highly active antiretroviral therapy for human immunodeficiency virus infection at the time of the clinical onset of adhesive capsulitis of the shoulder;\n\n(10) having a significant injury involving the arm or shoulder of the affected side within the six months before the clinical worsening of adhesive capsulitis of the shoulder;\n\nNote: significant injury involving the arm or shoulder is defined in the Schedule 1 - Dictionary. \n\n(11) undergoing a surgical procedure involving the shoulder, chest wall or neck of the affected side within the six months before the clinical worsening of adhesive capsulitis of the shoulder;\n\n(12) having paralysis of the affected shoulder within the one year before the clinical worsening of adhesive capsulitis of the shoulder;\n\n(13) having rotator cuff syndrome of the affected side at the time of the clinical worsening of adhesive capsulitis of the shoulder;\n\n(14) having a malignant neoplasm involving the region of the affected shoulder or the adjacent thoracic region, including the breast, within the one year before the clinical worsening of adhesive capsulitis of the shoulder;\n\n(15) having diabetes mellitus at the time of the clinical worsening of adhesive capsulitis of the shoulder;\n\n(16) having a thyroid disease from the specified list of thyroid diseases at the time of the clinical worsening of adhesive capsulitis of the shoulder;\n\nNote: specified list of thyroid diseases is defined in the Schedule 1 - Dictionary.\n\n(17) having Parkinson's disease at the time of the clinical worsening of adhesive capsulitis of the shoulder;\n\n(18) taking highly active antiretroviral therapy for human immunodeficiency virus infection at the time of the clinical worsening of adhesive capsulitis of the shoulder;\n\n(19) inability to obtain appropriate clinical management for adhesive capsulitis of the shoulder.\n\n10 Relationship to service\n\n(1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.\n\n(2) The factors set out in subsections 9(10) to 9(19) apply only to material contribution to, or aggravation of, adhesive capsulitis of the shoulder where the person's adhesive capsulitis of the shoulder was suffered or contracted before or during (but did not arise out of) the person's relevant service.\n\n11 Factors referring to an injury or disease covered by another Statement of Principles\n\nIn this Statement of Principles:\n\n(1) if a factor referred to in section 9 applies in relation to a person; and\n\n(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;\n\nthen 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.\n\n \n\n \n\nSchedule 1 - Dictionary \n\nNote: See Section 6\n\n1 Definitions\n\nIn this instrument:\n\n adhesive capsulitis of the shoulder—see subsection 7(2).\n\n MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n relevant service means:\n\n(a) eligible war service (other than operational service) under the VEA;\n\n(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or\n\n(c) peacetime service under the MRCA.\n\nNote: MRCA and VEA are also defined in the Schedule 1 - Dictionary.\n\n significant injury involving the arm or shoulder means an injury that results in substantial pain, swelling, tenderness and immobilisation of the arm or shoulder.\n\nNote: Examples of injuries that result in substantial pain, swelling, tenderness and immobilisation of the arm or shoulder include fracture of a bone of the shoulder (humerus, scapula or clavicle), fracture of a bone of the arm, penetrating injury to the shoulder joint, dislocation of the shoulder or a joint of the arm, and significant injuries to the soft tissues of the arm or shoulder.\n\n specified list of thyroid diseases means:\n\n(a) Graves' disease;\n\n(b) Hashimoto's thyroiditis;\n\n(c) hyperthyroidism and thyrotoxicosis; or\n\n(d) hypothyroidism.\n\n terminal event means the proximate or ultimate cause of death and includes the following:\n\n(a) pneumonia;\n\n(b) respiratory failure;\n\n(c) cardiac arrest;\n\n(d) circulatory failure; or\n\n(e) cessation of brain function.\n\n VEA means the Veterans' Entitlements Act 1986.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument maintains the standard scope of Repatriation Medical Authority Statements of Principles. It replaces the 2012 version (No. 8 of 2012) with updated medical evidence but does not expand beyond the traditional purpose of establishing service connection for a specific medical condition. The structure — covering both onset and aggravation with defined factors — is consistent with other SOPs under the VEA framework."},"complexity_factors":["Moderate cross-referencing: 6 defined terms in Schedule 1, with 3 terms requiring lookup to other legislation (VEA, MRCA)","Parallel structure requiring careful parsing: factors 1-9 apply to 'clinical onset' while factors 10-18 apply to 'clinical worsening' — nearly identical content with different legal consequences","Nested definitional dependencies: 'significant injury' and 'specified list of thyroid diseases' require consulting the Dictionary","Conditional logic in section 10(2): factors 10-19 only apply to aggravation cases where condition pre-existed service","External legislative references: requires knowledge of Veterans' Entitlements Act 1986 and Military Rehabilitation and Compensation Act 2004 to understand 'relevant service' scope","Incorporation by reference: ICD-10-AM coding system (10th Edition) imported for classification purposes"],"plain_english_summary":"This instrument sets medical rules for linking adhesive capsulitis (frozen shoulder) to military service, using a balance‑of‑probabilities test and applying to both new onset and worsening cases. It lists nine specific medical factors (e.g., shoulder injury or surgery, diabetes, thyroid or Parkinson’s disease, certain cancer treatments) that can establish a service connection.\n\nIt binds the Department of Veterans’ Affairs and the AAT for claims under the VEA and MRCA, replacing the 2012 version."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument repeals the 2012 Statement (s4) but, on its face, continues to address the same condition and claim population: adhesive capsulitis and death from it for persons with relevant service under the VEA or MRCA (s5, s7). The text specifies factors and timing (s9) and the requirement that factors be related to relevant service (s10); no expansion or contraction of coverage compared with the stated subject matter is evident within this instrument alone."},"complexity_factors":["Medical definition and ICD-10-AM reference for adhesive capsulitis (s7(2)–(4))","Multiple discrete temporal windows (6 months, 1 year) tied to onset and clinical worsening (s9)","Mix of surgical, injury, neurologic and systemic comorbidity factors (s9(1)–(19))","Interaction with other Statements of Principles where factors refer to other injuries/diseases (s11)","Requirement that each listed factor be related to the person's relevant service (s10(1))","Repeal of an earlier Statement and cross-reference to VEA/MRCA claim rules (s4, s5, Schedule)","Plain‑language terms with definitions that affect scope (e.g. significant injury, specified thyroid diseases, terminal event in Schedule 1)"],"plain_english_summary":"This Statement of Principles sets the medical rules used to decide whether adhesive capsulitis of the shoulder (frozen shoulder) and deaths contributed to it are connected to a person's relevant military service for claims under the VEA and MRCA. It defines the condition and lists specific clinical events, comorbidities and timing windows which, if present, make it more probable than not that the condition is service‑related.\n\nMeeting one of the listed factors can establish entitlement to veterans' benefits; the instrument therefore allocates evidentiary focus to particular injuries, surgeries, diseases, treatment access and timing."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-adhesive-capsulitis-of-the-shoulder-balance-of-probabilities-no-7","history":"/api/acts/statement-of-principles-concerning-adhesive-capsulitis-of-the-shoulder-balance-of-probabilities-no-7/history","analysis":"/api/acts/statement-of-principles-concerning-adhesive-capsulitis-of-the-shoulder-balance-of-probabilities-no-7/analysis","conflicts":"/api/acts/statement-of-principles-concerning-adhesive-capsulitis-of-the-shoulder-balance-of-probabilities-no-7/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-adhesive-capsulitis-of-the-shoulder-balance-of-probabilities-no-7/important-cases","documents":"/api/acts/statement-of-principles-concerning-adhesive-capsulitis-of-the-shoulder-balance-of-probabilities-no-7/documents"}}