Document ID: chunk:federal_register_of_legislation:F2023L00476:reg:9
Version: federal_register_of_legislation:F2023L00476
Segment Type: reg
Provision Reference: reg 9
Character Range: 3936–6157

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, shingles and postherpetic neuralgia or death from shingles and postherpetic neuralgia is connected 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 6 weeks before the clinical onset of shingles or postherpetic neuralgia;
Note: Examples of trauma include blunt or penetrating trauma.
         (6)          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
(7)          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.
(8)          inability to obtain appropriate clinical management for shingles and postherpetic neuralgia.