SoP LibraryAsbestosis

Statement of Principles

Asbestosis — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Asbestosis. DVA can only accept a claim for Asbestosis if at least one of these factors is met and connected to your service. Reasonable Hypothesis (RH) applies to operational service; Balance of Probabilities (BoP) applies to peacetime service.

Source: Repatriation Medical Authority Statements of Principles as held by the Veterans Health Centre. SoPs are amended and replaced regularly; always confirm the current instrument at rma.gov.au before relying on it.

Asbestosis

RH No. 59 of 2021 · BoP No. 60 of 20218 factors

Meaning of asbestosis: For the purposes of this Statement of Principles, asbestosis means interstitial fibrosis of the lung caused by the deposition of asbestos fibres in the lung parenchyma.

Reasonable Hypothesis (RH) — Statement of Principles No. 59 of 2021

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 asbestosis or death from asbestosis with the circumstances of a person's relevant service:

  1. (1)
    inhaling respirable asbestos fibres in an enclosed space at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed: (a) for a cumulative period of at least 1,000 hours before the clinical onset of asbestosis; and (b) where the first inhalation of asbestos fibres commenced at least 5 years before the clinical onset of asbestosis;

    Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.

  2. (2)
    inhaling respirable asbestos fibres in an open environment at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed: (a) for a cumulative period of at least 3,000 hours before the clinical onset of asbestosis; and (b) where the first inhalation of asbestos fibres commenced at least 5 years before the clinical onset of asbestosis;

    Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an open environment may result in exposure to respirable asbestos fibres.

  3. (3)
    inhaling respirable asbestos fibres at the time material containing respirable asbestos fibres was being applied, removed, cut, drilled, dislodged or disturbed: (a) for a cumulative period of at least 1,000 hours before the clinical worsening of asbestosis; and (b) within the 2 years before the clinical worsening of asbestosis;

    Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space or an open environment may result in exposure to respirable asbestos fibres.

  4. (4)
    inability to obtain appropriate clinical management for asbestosis;

Aggravation-only factors: the factors in subsections 9(3) to 9(4) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.

Balance of Probabilities (BoP) — Statement of Principles No. 60 of 2021

4 factors

At least one of the following factors must exist before it can be said that, on the balance of probabilities, asbestosis or death from asbestosis is connected with the circumstances of a person's relevant service:

  1. (1)
    inhaling respirable asbestos fibres in an enclosed space at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed: (a) for a cumulative period of at least 1,500 hours before the clinical onset of asbestosis; and (b) where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of asbestosis;

    Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.

  2. (2)
    inhaling respirable asbestos fibres in an open environment at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed: (a) for a cumulative period of at least 5,000 hours before the clinical onset of asbestosis; and (b) where the first inhalation of asbestos fibres commenced at least 10 years before the clinical onset of asbestosis;

    Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an open environment may result in exposure to respirable asbestos fibres.

  3. (3)
    inhaling respirable asbestos fibres at the time material containing respirable asbestos fibres was being applied, removed, cut, drilled, dislodged or disturbed: (a) for a cumulative period of at least 1,500 hours before the clinical worsening of asbestosis; and (b) within the 2 years before the clinical worsening of asbestosis;

    Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space or an open environment may result in exposure to respirable asbestos fibres.

  4. (4)
    inability to obtain appropriate clinical management for asbestosis;

Aggravation-only factors: the factors in subsections 9(3) to 9(4) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.

A VHC Diagnostic Assessment addresses each of these factors one by one against your service record and clinical history. See how a VHC DVA claim works, see all fees ($600 + GST per stage) or book an appointment.

About Dr Thomas Perkins

One doctor. Every report.

Founding doctor of the Veterans Health Centre in Ipswich, Queensland, and one of Australia's most experienced practitioners in veterans' medicolegal medicine.

Dr Perkins has spent more than thirteen years working exclusively with current and former ADF members — treating their conditions, writing their reports and navigating the DVA system alongside them. With over 100,000 claims submitted and 2,000 Permanent Impairment Assessments completed, he has seen precisely what separates an accepted claim from a rejected one at every level, from initial liability to the Veterans' Review Board.

Every chart review, diagnostic assessment, impairment rating and appeal that leaves this clinic is personally overseen by Dr Perkins. No template, no locum, no hand-off.

0429 146 039 reception@vhc.org.au

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