Section 1 - Statement of Principles concerning dermatomyositis (Balance of Probabilities) (No. 71 of 2022) - Statement of Principles concerning dermatomyositis (Balance of Probabilities) (No. 71 of 2022) | Zoe
Statement of Principles concerning dermatomyositis (Balance of Probabilities) (No. 71 of 2022)
1Statement of Principles concerning dermatomyositis (Balance of Probabilities) (No. 71 of 2022)
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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 dermatomyositis (Balance of Probabilities) (No. 71 of 2022).
2 Commencement
This instrument commences on 25 July 2022.
3 Authority
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
4 Repeal
The Statement of Principles concerning dermatomyositis No. 10 of 2014 (Federal Register of Legislation No. F2014L00011) made under subsection 196B(3) of the VEA is repealed.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 dermatomyositis and death from dermatomyositis.
Meaning of dermatomyositis
(2) For the purposes of this Statement of Principles, dermatomyositis:
(a) means a chronic inflammatory disease characterised by inflammatory skin changes, usually accompanied by progressive and symmetric skeletal muscle weakness; and
(b) includes amyopathic dermatomyositis.
Note 1: Typical skin changes include a heliotrope rash, and red or violet, sometimes scaly, slightly raised papules that erupt on the finger joints or other bony extremities (Gottron papules). Typical muscle disease involves progressive and symmetrical weakness of the limb-girdle muscles, with or without dysphagia and respiratory muscle weakness.
Note 2: The diagnosis may be confirmed by elevation of serum levels of muscle-associated enzymes, biopsy, imaging or the presence of myositis-associated antibodies.
Note 3: Amyopathic dermatomyositis is a variant of dermatomyositis that is characterised by the typical skin rash but without muscle abnormalities. Clinically, amyopathic dermatomyositis may be hypomyopathic, with no objective weakness but with evidence of subclinical muscle involvement on testing, or amyopathic, with no evidence of muscle involvement on examination or testing.
Death from dermatomyositis
(3) For the purposes of this Statement of Principles, dermatomyositis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's dermatomyositis.
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 dermatomyositis and death from dermatomyositis 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, dermatomyositis or death from dermatomyositis is connected with the circumstances of a person's relevant service:
(1) taking a drug from the specified list of drugs for at least the 4 weeks before the clinical onset of dermatomyositis;
Note: specified list of drugs is defined in the Schedule 1 - Dictionary.
(2) taking hydroxyurea for at least the 6 months before the clinical onset of dermatomyositis;
(3) taking an immune checkpoint inhibitor or interferon alfa within the 1 year before the clinical onset of dermatomyositis;
Note: Examples of immune checkpoint inhibitors include ipilimumab, nivolumab, pembrolizumab and tremelimumab.
(4) taking a drug which is associated in the individual with the clinical onset of dermatomyositis during drug therapy and either:
(a) the improvement of dermatomyositis within 2 months of discontinuing or tapering drug therapy; or
(b) the redevelopment of dermatomyositis on rechallenge with the same drug; and
where taking the drug continued for at least the 7 days before the clinical onset of dermatomyositis;
(5) having a malignant neoplasm, other than non-melanotic malignant neoplasm of the skin, within 5 years of the clinical onset of dermatomyositis;
(6) taking a drug from the specified list of drugs for at least the 4 weeks before the clinical worsening of dermatomyositis;
Note: specified list of drugs is defined in the Schedule 1 – Dictionary.
(7) taking hydroxyurea for at least the 6 months before the clinical worsening of dermatomyositis;
(8) taking an immune checkpoint inhibitor or interferon alfa within the 1 year before the clinical worsening of dermatomyositis;
Note: Examples of immune checkpoint inhibitors include ipilimumab, nivolumab, pembrolizumab and tremelimumab.
(9) taking a drug which is associated in the individual with:
(a) the clinical worsening of dermatomyositis during drug therapy; and
(b) the improvement of dermatomyositis within 2 months of discontinuing or tapering drug therapy; and
where taking the drug continued for at least the 7 days before the clinical worsening of dermatomyositis;
(10) having a malignant neoplasm, other than non-melanotic malignant neoplasm of the skin, within 5 years of the clinical worsening of dermatomyositis;
(11) inability to obtain appropriate clinical management for dermatomyositis.
10 Relationship to service
(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.
(2) The factors set out in subsections 9(6) to 9(11) apply only to material contribution to, or aggravation of, dermatomyositis where the person's dermatomyositis was suffered or contracted before or during (but did not arise out of) the person's relevant service.
11 Factors referring to an injury or disease covered by another Statement of Principles
In this Statement of Principles:
(1) if a factor referred to in section 9 applies in relation to a person; and
(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;
then 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.
Schedule 1 - Dictionary
Note: See Section 6
1 Definitions
In this instrument:
dermatomyositis—see subsection 7(2).
MRCA means the Military Rehabilitation and Compensation Act 2004.
relevant service means:
(a) eligible war service (other than operational service) under the VEA;
(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c) peacetime service under the MRCA.
Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.
specified list of drugs means:
(a) 5-fluorouracil;
(b) capecitabine;
(c) D-penicillamine;
(d) statins; or
(e) tumour necrosis factor-alpha inhibitors.
terminal event means the proximate or ultimate cause of death and includes the following: