Document ID: chunk:federal_register_of_legislation:F2024C00217:reg:9:p1
Version: federal_register_of_legislation:F2024C00217
Segment Type: reg
Provision Reference: reg 9 (pt 1/2)
Character Range: 6615–9626

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, cervical intervertebral disc prolapse or death from cervical intervertebral disc prolapse is connected with the circumstances of a person's relevant service:
(1)          having trauma to the affected intervertebral disc within the 24 hours before the clinical onset of cervical intervertebral disc prolapse;
Note: trauma to the affected intervertebral disc is defined in the Schedule 1 - Dictionary.
(2)          having a penetrating injury to the affected intervertebral disc or adjacent vertebral body, within the 24 hours before the clinical onset of cervical intervertebral disc prolapse;
Note: penetrating injury to the affected intervertebral disc or adjacent vertebral body is defined in the Schedule 1 - Dictionary.
(3)          flying in high performance aircraft for a cumulative total of at least 1,000 hours within any 10 year period before the clinical onset of cervical intervertebral disc prolapse, and where the clinical onset of cervical intervertebral disc prolapse occurred within the 25 years following that period;
Note: high performance aircraft is defined in the Schedule 1 – Dictionary.
(4)          flying in a helicopter as operational aircrew, for a cumulative total of at least 5,000 hours within the 10 years before the clinical onset of cervical intervertebral disc prolapse;
(5)          having smoked tobacco products in an amount of at least 10 pack-years before the clinical onset of cervical intervertebral disc prolapse, and if smoking has ceased before the clinical onset of cervical intervertebral disc prolapse, then that onset occurred within 5 years of cessation;
Note: one pack-year is defined in the Schedule 1 - Dictionary.
(6)          having bacterial infection of the affected disc at the time of the clinical onset of cervical intervertebral disc prolapse;
(7)          having trauma to the affected intervertebral disc within the 24 hours before the clinical worsening of cervical intervertebral disc prolapse;
Note: trauma to the affected intervertebral disc is defined in the Schedule 1 - Dictionary.
(8)          having a penetrating injury to the affected intervertebral disc or adjacent vertebral body, within the 24 hours before the clinical worsening of cervical intervertebral disc prolapse;
Note: penetrating injury to the affected intervertebral disc or adjacent vertebral body is defined in the Schedule 1 - Dictionary.
(9)          flying in high performance aircraft for a cumulative total of at least 1,000 hours within any 10 year period before the clinical worsening of cervical intervertebral disc prolapse, and where the clinical worsening of cervical intervertebral disc prolapse occurred within the 25 years following that period;
Note: high performance aircraft is defined in the Schedule 1 – Dictionary.
(10)      flying in a helicopter as operational aircrew, for a cumulative total of at