Document ID: chunk:federal_register_of_legislation:F2022C00899:front:0:p2
Version: federal_register_of_legislation:F2022C00899
Segment Type: other
Provision Reference: 
Character Range: 2968–6099

the Statement of Principles concerning asthma (Reasonable Hypothesis) (No. 31 of 2021).
     3               Authority
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 asthma and death from asthma.
Meaning of asthma
(2)          For the purposes of this Statement of Principles, asthma:
(a)          means a chronic disorder of the airways that is characterised by variable and recurring symptoms, variable airflow obstruction, bronchial hyperresponsiveness and an underlying inflammation; and
(b)          includes reactive airways dysfunction syndrome.
             Note 1: Symptoms of asthma include intermittent shortness of breath, chest tightness, cough and wheezing.
             Note 2: In general, airflow obstruction is at least partially reversible, although it may become irreversible in long-standing, severe asthma.
            Note 3: reactive airways dysfunction syndrome is defined in the Schedule 1 - Dictionary.
Death from asthma
(3)          For the purposes of this Statement of Principles, asthma, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's asthma.
            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 asthma and death from asthma 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 asthma or death from asthma with the circumstances of a person's relevant service:
(1)          being exposed to an immunologic or non-immunologic stimulus within the 24 hours before the clinical onset of asthma;
            Note: immunologic or non-immunologic stimulus is defined in the Schedule 1 - Dictionary.
(1A) having a sensitising exposure to an allergen before the clinical onset of asthma;

         Note: sensitising exposure to an allergen is defined in the Schedule 1 – Dictionary.
(2)          for reactive airways dysfunction syndrome only, inhaling very high concentrations of a substance with irritant properties, where such inhalation has resulted in acute toxic lower respiratory tract effects, within the 24 hours before the clinical onset of reactive airways