Document ID: chunk:federal_register_of_legislation:F2022C00931:front:0:p2
Version: federal_register_of_legislation:F2022C00931
Segment Type: other
Provision Reference: 
Character Range: 2908–5890

This instrument is made under subsection 196B(2) of the Veterans' Entitlements Act 1986.
     5               Application
This instrument applies to a claim to which section 120A of the VEA or section 338 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 anosmia and death from anosmia.
Meaning of anosmia
(2)          For the purposes of this Statement of Principles, anosmia means an acquired, total and permanent loss of the ability to smell, due to a defect in the olfactory neuroepithelium, olfactory nerves or olfactory neural pathways in the brain.
Note: Loss of the ability to smell includes loss of the ability to detect odours, discriminate between odours or to identify odours.
(3)          While anosmia attracts ICD‑10‑AM code R43.0, in applying this Statement of Principles the meaning of anosmia is that given in subsection (2).
(4)          For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.
Death from anosmia
(5)          For the purposes of this Statement of Principles, anosmia, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's anosmia.
            Note: terminal event is defined in the Schedule 1 - Dictionary.
     8               Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that anosmia and death from anosmia can be related to relevant service rendered by veterans, members of Peacekeeping Forces, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting anosmia or death from anosmia with the circumstances of a person's relevant service:
(1)          having sinusitis for at least the two years before the clinical onset of anosmia;
(2)          having perennial allergic rhinitis for at least the two years before the clinical onset of anosmia;
            Note: perennial allergic rhinitis is defined in the Schedule 1 - Dictionary.
(3)          having an autoimmune disease from the specified list of autoimmune diseases at the time of the clinical onset