{"id":"F2022L00280","name":"Statement of Principles concerning periodontal abscess (Balance of Probabilities) (No. 26 of 2022)","slug":"statement-of-principles-concerning-periodontal-abscess-balance-of-probabilities-no-26-of-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441261,"registerId":"F2022L00280-fast-fetch-1775956619492","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Statement of Principles concerning periodontal abscess (Balance of Probabilities) (No. 26 of 2022)","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\nPERIODONTAL ABSCESS (Balance of Probabilities)\n\n(No. 26 of 2022)\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 4 March 2022\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:
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Professor Terence Campbell AM
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 periodontal abscess (Balance of Probabilities) (No. 26 of 2022).\n\n2 Commencement\n\n This instrument commences on 4 April 2022\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 periodontal abscess No. 50 of 2013 (Federal Register of Legislation No. F2013L01131) made under subsection 196B(3) of the VEA is repealed.\n\n5 Application\n\nThis instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act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 periodontal abscess and death from periodontal abscess.\n\nMeaning of periodontal abscess\n\n(2) For the purposes of this Statement of Principles, periodontal abscess:\n\n(a) means a localised collection of pus within the periodontal tissue, adjacent to a periodontal pocket, that is associated with destruction of the bony and ligamentous tissues supporting the teeth; and\n\n(b) excludes:\n\n(i) combined periodontic-endodontic lesions;\n\n(ii) gingival abscess;\n\n(iii) periapical abscess;\n\n(iv) periapical periodontitis; and\n\n(v) pericoronal abscess.\n\nNote 1: The clinical manifestations of a periodontal abscess include gum pain, gum tenderness, tooth sensitivity and tooth mobility. An ovoid elevation in the gum along the lateral aspect of a tooth root is typical. Patients can be asymptomatic.\n\nNote 2: Extra-oral symptoms are uncommon, but can include facial swelling, fever, malaise and swelling of regional lymph nodes.\n\nDeath from periodontal abscess\n\n(3) For the purposes of this Statement of Principles, periodontal abscess, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's periodontal abscess.\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 periodontal abscess and death from periodontal abscess 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, periodontal abscess or death from periodontal abscess is connected with the circumstances of a person's relevant service:\n\n(1) having periodontitis at the affected site within the 6 months before the clinical onset of periodontal abscess;\n\n(2) having a foreign body embedded in the affected region of the periodontium at the time of the clinical onset of periodontal abscess;\n\nNote: Examples of foreign bodies that can be embedded in the periodontium include finger nails, corn husks, dental floss, shrapnel and materials derived from dental procedures such as calculus fragments, cement remnants and orthodontic separators.\n\n(3) having trauma to the affected region of the periodontium within the 4 weeks before the clinical onset of periodontal abscess;\n\nNote: trauma to the affected region of the periodontium is defined in the Schedule 1 - Dictionary.\n\n(4) having surgery to the affected region of the periodontium within the 4 weeks before the clinical onset of periodontal abscess;\n\n(5) having periodontitis at the affected site within the 6 months before the clinical worsening of periodontal abscess;\n\n(6) having a foreign body embedded in the affected region of the periodontium at the time of the clinical worsening of periodontal abscess;\n\nNote: Examples of foreign bodies that can be embedded in the periodontium include finger nails, corn husks, dental floss, shrapnel and materials derived from dental procedures such as calculus fragments, cement remnants and orthodontic separators.\n\n(7) having trauma to the affected region of the periodontium within the 4 weeks before the clinical worsening of periodontal abscess;\n\nNote: trauma to the affected region of the periodontium is defined in the Schedule 1 - Dictionary.\n\n(8) having surgery to the affected region of the periodontium within the 4 weeks before the clinical worsening of periodontal abscess;\n\n(9) inability to obtain appropriate clinical management for periodontal abscess.\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(5) to 9(9) apply only to material contribution to, or aggravation of, periodontal abscess where the person's periodontal abscess 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 MRCA means the Military Rehabilitation and Compensation Act 2004.\n\n periodontal abscess—see subsection 7(2).\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 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 trauma to the affected region of the periodontium means a blunt or penetrating injury resulting in:\n\n(a) fracture, luxation, loss or extraction of a tooth; or\n\n(b) disruption or fracture of the periodontium.\n\nNote: Examples of luxation injuries include concussion, subluxation, extrusive luxation, lateral luxation and intrusive luxation of the tooth.\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":3,"scope_assessment":{"changed":false,"description":"This is a straightforward reissue of a specific medical determination. It replaces the 2013 version without expanding beyond the original purpose of establishing causation factors for periodontal abscess claims. The scope remains tightly focused on this single dental condition."},"complexity_factors":["Short, single-purpose instrument (11 sections plus brief dictionary)","Only 6 defined terms in Schedule 1","Straightforward conditional structure: 9 alternative factors in section 9, any one of which satisfies the test","Minimal cross-referencing — only refers to parent Acts (VEA and MRCA) and one other definition (terminal event)","Clear temporal limitations (6 months for periodontitis, 4 weeks for trauma/surgery) that are easy to apply","No nested exceptions or complex logical operators — section 10(2) contains one simple limitation about pre-existing conditions"],"plain_english_summary":"This instrument replaces the 2013 rules and sets the legal test for when a periodontal abscess can be linked to military service, using the \"balance of probabilities\" standard. It guides compensation decisions under the Veterans' Entitlements Act 1986 and the Military Rehabilitation and Compensation Act 2004.\n\nClaims must show a service-related factor—such as existing periodontitis, a foreign body, recent gum injury or surgery, or lack of timely treatment—caused or worsened the abscess."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument expressly repeals the 2013 Statement (s4) and replaces it. It restates application to VEA/MRCA claims (s5) and updates the operative scope by clarifying the clinical definition and exclusions (s7(2)), adding death from periodontal abscess (s7(3)), and specifying discrete causal factors with defined timing windows (s9). It also clarifies how factors interact with other Statements of Principles (s11) and ties causation to \"relevant service\" (s10)."},"complexity_factors":["Technical medical definitions and exclusions for \"periodontal abscess\" (s7(2))","Inclusion of death from periodontal abscess and definition of \"terminal event\" (s7(3); Schedule)","Temporal windows for causation/aggravation: 6 months for periodontitis, 4 weeks for trauma/surgery (s9(1)-(8))","Multiple, alternative causal factors any one of which can satisfy connection (s9)","Requirement that listed factors be related to \"relevant service\" (s10(1)) and limits on aggravation vs arising out of service (s10(2))","Interaction with other Statements of Principles where factors overlap (s11)","Applies only to claims under specific statutory provisions (s5) and repeals the 2013 Statement (s4)","Standard of proof set by the instrument: balance of probabilities based on medical‑scientific evidence (s8)"],"plain_english_summary":"This Statement of Principles sets the medical rules for deciding when a periodontal abscess (and death from it) can be connected to a veteran’s or member’s \"relevant service\" for VEA/MRCA claims. It replaces the 2013 instrument and specifies a clinical definition, exclusions, timing windows and discrete causal factors (for example: recent periodontitis, an embedded foreign body, recent trauma or surgery, or inability to obtain appropriate care) that must be present to establish a service connection."}},"importantCases":[],"_links":{"self":"/api/acts/statement-of-principles-concerning-periodontal-abscess-balance-of-probabilities-no-26-of-2022","history":"/api/acts/statement-of-principles-concerning-periodontal-abscess-balance-of-probabilities-no-26-of-2022/history","analysis":"/api/acts/statement-of-principles-concerning-periodontal-abscess-balance-of-probabilities-no-26-of-2022/analysis","conflicts":"/api/acts/statement-of-principles-concerning-periodontal-abscess-balance-of-probabilities-no-26-of-2022/conflicts","importantCases":"/api/acts/statement-of-principles-concerning-periodontal-abscess-balance-of-probabilities-no-26-of-2022/important-cases","documents":"/api/acts/statement-of-principles-concerning-periodontal-abscess-balance-of-probabilities-no-26-of-2022/documents"}}