Document ID: chunk:federal_register_of_legislation:F2023L00477:reg:9:p1
Version: federal_register_of_legislation:F2023L00477
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 3981–7123

9               Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting shingles and postherpetic neuralgia or death from shingles and postherpetic neuralgia with the circumstances of a person's relevant service:
(1)          having chickenpox before the clinical onset of shingles or postherpetic neuralgia;
(2)          for vaccine strain shingles only, having live attenuated varicella vaccine before the clinical onset of shingles or postherpetic neuralgia;
Note 1: Vaccine strain shingles is diagnosed by detecting the vaccine strain in the vesicular liquid.
Note 2: This factor applies to live attenuated varicella zoster vaccines.
(3)          being prevented from accessing appropriate varicella-zoster vaccination in accordance with contemporary medical standards of the time, between 1 and 5 years before the clinical onset of shingles or postherpetic neuralgia;
(4)          being in an immunocompromised state as specified at the time of the clinical onset of shingles or postherpetic neuralgia;
Note: immunocompromised state as specified is defined in the Schedule 1 – Dictionary.
(5)          having trauma, including surgery, involving:
(a)          the dermatome affected by shingles or postherpetic neuralgia; or
(b)          the nerve supply to the dermatome affected by shingles or postherpetic neuralgia;
         within the 8 weeks before the clinical onset of shingles or postherpetic neuralgia;
Note: Examples of trauma include blunt or penetrating trauma.
(6)          having diabetes mellitus at the time of the clinical onset of shingles or postherpetic neuralgia;
(7)          having an autoimmune disease from the specified list of autoimmune diseases at the time of the clinical onset of shingles or postherpetic neuralgia;
Note: specified list of autoimmune diseases is defined in the Schedule 1 – Dictionary
(8)          having a depressive disorder at the time of the clinical onset of shingles or postherpetic neuralgia;
(9)          having a chronic medical condition from the specified list of chronic medical conditions before the clinical onset of shingles or postherpetic neuralgia;
Note: specified list of chronic medical conditions is defined in the Schedule 1 – Dictionary
(10)      having a moderate to severe traumatic brain injury before the clinical onset of shingles or postherpetic neuralgia;
(11)      having a splenectomy before the clinical onset of shingles or postherpetic neuralgia;
(12)      having an active symptomatic infection resulting in SARS-CoV-2 within the 6 months before the clinical onset of shingles or postherpetic neuralgia;
Note: active symptomatic infection resulting in SARS-CoV-2 is defined in the Schedule 1 – Dictionary.
(13)      being in an immunocompromised state as specified at the time of the clinical worsening of shingles or postherpetic neuralgia;
Note: immunocompromised state as specified is defined in the Schedule 1 – Dictionary.
(14)      having diabetes mellitus at the time of the clinical worsening of shingles or postherpetic neuralgia;
(15)