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WA "The Listening Post 2002"
Updates on SOPs: 'TUNE IN'
"The Bush Wireless"
by MARGOT HARNESS War Compensation Officer
As you would be aware, the fundamental basis for any new claim is a
'Statement of Principles' (SOP) for each of the various conditions,
compiled and published by a body called the 'Repatriation Medical
Authority' (RMA) - and are part of the Veterans' Entitlements Act. From
time to time, as I have pointed out in the past, the RMA periodically
produces 'upgraded' versions, as more up-todate medical and research data
comes on-stream.
The repat system 'shifts the goalposts' in other words. When this happens,
I try to promulgate changes through this column - because although the
'causative Factors' are sometimes 'tightened' - they are sometimes
'loosened up'. As I've remarked before, the latter is always a bonus, as
this makes a successful claim by a veteran more achievable. My particular
concern though is that veterans, who have been previously 'knocked back'
on the earlier version of a SOP, might have succeeded under its slightly
'easier' successor (and/or are free again to claim afresh).
This column is
one of the few avenues to 'get-the-word-out' to inform of these changes,
and alert veterans that they might get a 'second chance'.
Among some of the most recent advantageous changes are: Psoriasis:
I have never before seen an SOP 'loosened up' and broadened in scope more
dramatically than this. It now allows Factors for 'skin injury/lesion'
(which can be quite minor - eg: blistered heel/barbed wire puncture); or
war-related psychostressors/ psychiatric conditions/ alcoholism as causal
factors - none of which would have been accepted as the grounds of
causation previously. Cervical/Lumbar/Thoracic Spondyloses: The new
versions now recognise more fully:
 | The risks inherent from 'G forces' for air crews - so former
pilots and navigators tune in! Take note though, that for veterans with
active service, a cumulative 500 hours flying time is required; for
peace-time eligible Defence service, the requirement is doubled: 1,000
hours.
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 | A second big 'relaxation' of the rules, is the removal of the
word 'acute' from the various necessary symptoms following the 'trauma'
in the SOP definition - a subtle, but significant change I've been
lobbying for, for years.
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 | War-caused obesity, again, is now allowable as a causative Factor;
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 | A new inclusion - Thoracic and Lumbar only - (not so much for men
with active service - who did 10 years at war?!) but very relevant to
the men with long service careers in peacetime between Dec 1972 and Apr
1994 (especially such physically demanding categories as
RAAF
armament fitters/Army infantry/PTIs etc):
PLEASE NOTE IT!:
Repetitive or persistent flexion, extension or twisting or the lumbar
spine for at least one hour each day on more days than not for at least
10 years before the clinical onset of lumbar/thoracic spondylosis. (For
peace-time people, onset must be within 25 years of such activity to be
recognized by the DVA).
Gastro oesophageal Reflux disease: The new SOP version now
recognizes war-related obesity; treatment with antiinflammatory
medication for war-related musculo-skeletal A/Ds (at last!!); and
suffering from a war-caused hiatus hernia, as precursors. |
Osteoarthrosis of knees: The previous version included a '10 years
heavy wear-and-tear' Factor applicable to hips and knees, which has been
reworked.
 | I quote verbatim from the new: "for O/A of hip or knee joints
lifting loads of at least 25 kg while weight bearing to a cumulative
total of 120,000 kg within any 10 year period before the clinical onset
of O/A". Well, as old Joh B-P used to exclaim: "Goodness gracious me!"
- who on earth would be counting? - I hear you cry. Some quick
calculations however, remove some of the mystique. Distilled down,
120,000 kg over 10 years works out at an average of 231 kilograms a week
- about 9 - 10 x 25kg items over the seven days. There would be quite a
few ex-career servicemen who could relate to this factor under these
terms. Men in queues, passing stores/ammo shells etc hand to hand etc.
But bear in mind the '10 year' requirement.
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 | HOWEVER . . let me enthusiastically point out a totally new,
additional factor, pertaining to knees only, that is far more
straightforward: "kneeling or squatting for at least one hour each day
on more days than not for at least one year before the clinical onset of
O/A in the knee joint". (The most 'relaxed' causative Factor to emerge
since the introduction of Osteoarthritis SOPs!) |
Aortic Stenosis: New Factors: suffering from (war-related) hypertension
(the SOP for Hypertension would have to be satisfied first); or suffering
front war-caused renal failure (a ain, this would have to be relate to
war-causation as a prerequisite).
The SOPs for Cancer of the Bowel and Cancer of the Rectum have been
revoked and replaced by a combined Cancer of the Colorectum. In general,
this SOP has been tightened up - but the Factor regarding asbestos
exposure has been relaxed from a requirement of five years exposure
occupationally during war - to 2,000 hours (84 days minimum) in an
enclosed space at a time when asbestos fibres were being
removed/cut/drilled /dislodged etc. The new version also includes a Factor
to do with war-related obesity.
NOTE FOR PENSIONS OFFICERS: I cannot stress enough that it is
ESSENTIAL for any pensions officer, assisting a veteran or ex-member
to complete a DVA claim for a musculoskeletal disability, to:
 | Produce the relevant SOP to show the claimant;
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 | Go through it with him/her, and both - together (two heads are
better than one) discuss which 'causative Factor' appears to offer the
best chance when applied to the circumstances of the person's injury and
service history. Many veterans/lay people have little idea or awareness
that arthritic problems in a specific joint are usually attributable to
'trauma' (many put it down to 'lifting'; 'the cold'; 'sleeping on the
ground' and so on). Many people often remember only a 'pulled muscle' -
assuming it healed completely - and have never considered further
repercussions might follow.
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 | Explain the definitions - that 'trauma' requires a certain number of
days of symptoms immediately following; or if 'permanent ligamentous
instability' is being argued - seek confirmation of the 'recurring
episodes';
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 | Suggest he show the SOP' to his local GP - make sure he/she takes it
home to study more closely;
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 | Obtain x-rays (past, if possible, as well as up-to-date - and CT
scans or MRIs if necessary); compile a tabled, sequential list
summarising past medical help sought, as well as physio or chiropractic
treatment over the years. Ensure claimant Stat Decs, witness statements,
any service med docs, photos, logbooks etc - anything that
can be submitted with the claim as supportive documentary evidence, are
collated, to accompany the claim. (DON'T WAIT for the DVA to
instigate follow-up details: anticipate - and put everything possible
forward in the first instance, WITH THE CLAIM).
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 | I also always inquire as to whether past MVAs and/or MCAs ever
occurred - as many people tend to discount the effects these events may
have also had in their past musculoskeletal histories. If there has
never been a previous accident of this nature, it is worthwhile to make
that point within the body of the claim; or, if none has ever occurred,
make a point of excluding this as an alternate causal explanation for
the premature degeneration.
Bear in mind that musculoskeletal claims to DVA demand FAR more
stringent, objective evidential standards than claims such as
psychiatric, smoking/alcohol-related matters, which are based almost
wholly on anecdotal testimony. |
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Despite all the information dispensed in TIP training courses etc, I am
still seeing, time and time again, poorly framed claims for arthritic
knees/backs/hips/ shoulders etc - attributing causation to 'carrying
heavy loads in Vietnam'/'many falls playing football' and so on.
These sorts of contentions do not have a hope of meeting the SOPs, and
make it glaringly obvious that the assisting representative has NOT
even TRIED to address the respective SOP.
Best regards to all. |
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