SoP LibraryHerpes simplex

Statement of Principles

Herpes simplex — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Herpes simplex. DVA can only accept a claim for Herpes simplex 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.

Herpes simplex

RH No. 39 of 2018 · BoP No. 40 of 201854 factors

Meaning of herpes simplex: For the purposes of this Statement of Principles, herpes simplex means a clinical illness caused by herpes simplex virus type 1 (HSV-1) or herpes simplex virus type 2 (HSV-2). Lesions arising at an anatomical location where they have not previously occurred may be regarded as a new infection.

Reasonable Hypothesis (RH) — Statement of Principles No. 39 of 2018

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

  1. (1)
    being exposed to HSV-1 or HSV-2 within the 30 days before the clinical onset of herpes simplex;

    Note: being exposed to HSV-1 or HSV-2 is defined in the Schedule 1 - Dictionary.

  2. (2)
    having a severe thermal burn within the 30 days before the clinical onset of herpes simplex;

    Note: severe thermal burn is defined in the Schedule 1 - Dictionary.

  3. (3)
    having a thermal or chemical burn within the seven days before the clinical onset of herpes simplex at or close to the site of the burn;

    Note: close to the site is defined in the Schedule 1 - Dictionary.

  4. (4)
    being in an immunocompromised state as specified at the time of the clinical onset of herpes simplex;

    Note: immunocompromised state as specified is defined in the Schedule 1 - Dictionary.

  5. (5)
    having surgery to nerve root ganglia within the 30 days before the clinical onset of herpes simplex, where the cutaneous distribution of herpes simplex corresponds with the nerve roots which were manipulated during surgery;
  6. (6)
    being exposed to sunlight or ultraviolet light at a level sufficient to induce at least mild erythema, within the seven days before the clinical onset of herpes simplex;
  7. (7)
    being pregnant at the time of the clinical onset of herpes simplex;
  8. (8)
    for acute herpes simplex encephalitis or acute herpes simplex retinal necrosis only, having surgery to the brain within the 30 days before the clinical onset of herpes simplex;
  9. (9)
    for orofacial herpes simplex only: (a) having surgery to the face within the 30 days before the clinical onset of herpes simplex; (b) having an upper respiratory tract infection within the seven days before the clinical onset of herpes simplex; or (c) having a fever of at least 39 degrees Celsius in the 72 hours before the clinical onset of herpes simplex;

    Note: surgery to the face is defined in the Schedule 1 - Dictionary.

  10. (10)
    for orofacial herpes simplex or genital herpes simplex only, having a category 2 stressor at the time of the clinical onset of herpes simplex;

    Note: category 2 stressor is defined in the Schedule 1 - Dictionary.

  11. (11)
    for herpes simplex of the cornea (herpes simplex keratitis) only: (a) having cataract surgery within the six weeks before the clinical onset of herpes simplex; (b) having a corneal transplant, where the donor cornea is infected with HSV-1 or HSV-2, within the 30 days before the clinical onset of herpes simplex; (c) wearing contact lenses in the 24 hours before the clinical onset of herpes simplex; or (d) being treated with topical prostaglandin eye solution to the affected eye for at least one week before the clinical onset of herpes simplex;

    Note: topical prostaglandin eye solution is defined in the Schedule 1 - Dictionary.

  12. (12)
    for acute herpes simplex retinal necrosis of the eye only, having periocular trauma within the 30 days before the clinical onset of herpes simplex;
  13. (13)
    for herpes simplex of the eye only, having atopic dermatitis at the time of the clinical onset of herpes simplex;
  14. (14)
    for eczema herpeticum only: (a) having atopic dermatitis before the clinical onset of herpes simplex; or (b) having a specified dermatosis close to the site of the HSV-1 or HSV-2 infection, at the time of the clinical onset of herpes simplex;

    Note: eczema herpeticum is defined in the Schedule 1 - Dictionary.

    Note: close to the site and specified dermatosis are defined in the Schedule 1 - Dictionary.

  15. (15)
    for herpes simplex of the lip only: (a) having chapped lips in the 48 hours before the clinical onset of herpes simplex; or (b) playing a woodwind or brass musical instrument in the 48 hours before the clinical onset of herpes simplex;

    Note: chapped lips is defined in the Schedule 1 - Dictionary.

  16. (16)
    having a severe thermal burn within the 30 days before the clinical worsening of herpes simplex;

    Note: severe thermal burn is defined in the Schedule 1 - Dictionary.

  17. (17)
    having a thermal or chemical burn within the seven days before the clinical worsening of herpes simplex at or close to the site of the burn;

    Note: close to the site is defined in the Schedule 1 - Dictionary.

  18. (18)
    being in an immunocompromised state as specified at the time of the clinical worsening of herpes simplex;

    Note: immunocompromised state as specified is defined in the Schedule 1 - Dictionary.

  19. (19)
    having surgery to nerve root ganglia within the 30 days before the clinical worsening of herpes simplex, where the cutaneous distribution of herpes simplex corresponds with the nerve roots which were manipulated during surgery;
  20. (20)
    being exposed to sunlight or ultraviolet light at a level sufficient to induce at least mild erythema, within the seven days before the clinical worsening of herpes simplex;
  21. (21)
    being pregnant at the time of the clinical worsening of herpes simplex;
  22. (22)
    for acute herpes simplex encephalitis or acute herpes simplex retinal necrosis only, having surgery to the brain within the 30 days before the clinical worsening of herpes simplex;
  23. (23)
    for orofacial herpes simplex only: (a) having surgery to the face within the 30 days before the clinical worsening of herpes simplex; (b) having an upper respiratory tract infection within the seven days before the clinical worsening of herpes simplex; or (c) having a fever of at least 39 degrees Celsius in the 72 hours before the clinical worsening of herpes simplex;

    Note: surgery to the face is defined in the Schedule 1 - Dictionary.

  24. (24)
    for orofacial herpes simplex or genital herpes simplex only, having a category 2 stressor at the time of the clinical worsening of herpes simplex;

    Note: category 2 stressor is defined in the Schedule 1 - Dictionary.

  25. (25)
    for herpes simplex of the cornea (herpes simplex keratitis) only: (a) having cataract surgery within the six weeks before the clinical worsening of herpes simplex; (b) wearing contact lenses in the 24 hours before the clinical worsening of herpes simplex; or (c) being treated with topical prostaglandin eye solution to the affected eye for at least one week before the clinical worsening of herpes simplex;

    Note: topical prostaglandin eye solution is defined in the Schedule 1 - Dictionary.

  26. (26)
    for acute herpes simplex retinal necrosis of the eye only, having periocular trauma within the 30 days before the clinical worsening of herpes simplex;
  27. (27)
    for herpes simplex of the eye only, having atopic dermatitis at the time of the clinical worsening of herpes simplex;
  28. (28)
    for eczema herpeticum only: (a) having atopic dermatitis before the clinical worsening of herpes simplex; or (b) having a specified dermatosis close to the site of the HSV-1 or HSV-2 infection, at the time of the clinical worsening of herpes simplex;

    Note: eczema herpeticum is defined in the Schedule 1 - Dictionary.

    Note: close to the site and specified dermatosis are defined in the Schedule 1 - Dictionary.

  29. (29)
    for herpes simplex of the lip only: (a) having chapped lips in the 48 hours before the clinical worsening of herpes simplex; or (b) playing a woodwind or brass musical instrument in the 48 hours before the clinical worsening of herpes simplex;

    Note: chapped lips is defined in the Schedule 1 - Dictionary.

  30. (30)
    inability to obtain appropriate clinical management for herpes simplex;

Aggravation-only factors: the factors in subsections 9(16) to 9(30) 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. 40 of 2018

24 factors

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

  1. (1)
    being exposed to HSV-1 or HSV-2 within the 30 days before the clinical onset of herpes simplex;

    Note: being exposed to HSV-1 or HSV-2 is defined in the Schedule 1 - Dictionary.

  2. (2)
    having a severe thermal burn within the 30 days before the clinical onset of herpes simplex;

    Note: severe thermal burn is defined in the Schedule 1 - Dictionary.

  3. (3)
    having a thermal or chemical burn within the seven days before the clinical onset of herpes simplex at or close to the site of the burn;

    Note: close to the site is defined in the Schedule 1 - Dictionary.

  4. (4)
    being in an immunocompromised state as specified at the time of the clinical onset of herpes simplex;

    Note: immunocompromised state as specified is defined in the Schedule 1 - Dictionary.

  5. (5)
    having surgery to nerve root ganglia within the 30 days before the clinical onset of herpes simplex, where the cutaneous distribution of herpes simplex corresponds with the nerve roots which were manipulated during surgery;
  6. (6)
    being exposed to sunlight or ultraviolet light at a level sufficient to induce at least mild erythema, within the seven days before the clinical onset of herpes simplex;
  7. (7)
    being at least 20 weeks pregnant at the time of the clinical onset of herpes simplex;
  8. (8)
    for acute herpes simplex encephalitis or acute herpes simplex retinal necrosis only, having surgery to the brain within the 30 days before the clinical onset of herpes simplex;
  9. (9)
    for orofacial herpes simplex only: (a) having surgery to the face within the 30 days before the clinical onset of herpes simplex; (b) having an upper respiratory tract infection within the seven days before the clinical onset of herpes simplex; or (c) having a fever of at least 39 degrees Celsius in the 72 hours before the clinical onset of herpes simplex;

    Note: surgery to the face is defined in the Schedule 1 - Dictionary.

  10. (10)
    for herpes simplex of the cornea (herpes simplex keratitis) only: (a) having cataract surgery within the six weeks before the clinical onset of herpes simplex; (b) having a corneal transplant, where the donor cornea is infected with HSV-1 or HSV-2, within the 30 days before the clinical onset of herpes simplex; or (c) wearing contact lenses in the 24 hours before the clinical onset of herpes simplex;
  11. (11)
    for eczema herpeticum only: (a) having atopic dermatitis before the clinical onset of herpes simplex; or (b) having a psoriatic lesion close to the site of the HSV-1 or HSV-2 infection, at the time of the clinical onset of herpes simplex;

    Note: eczema herpeticum is defined in the Schedule 1 - Dictionary.

    Note: close to the site is defined in the Schedule 1 - Dictionary.

  12. (12)
    for herpes simplex of the lip only: (a) having chapped lips in the 48 hours before the clinical onset of herpes simplex; or (b) playing a woodwind or brass musical instrument in the 48 hours before the clinical onset of herpes simplex;

    Note: chapped lips is defined in the Schedule 1 - Dictionary.

  13. (13)
    having a severe thermal burn within the 30 days before the clinical worsening of herpes simplex;

    Note: severe thermal burn is defined in the Schedule 1 - Dictionary.

  14. (14)
    having a thermal or chemical burn within the seven days before the clinical worsening of herpes simplex at or close to the site of the burn;

    Note: close to the site is defined in the Schedule 1 - Dictionary.

  15. (15)
    being in an immunocompromised state as specified at the time of the clinical worsening of herpes simplex;

    Note: immunocompromised state as specified is defined in the Schedule 1 - Dictionary.

  16. (16)
    having surgery to nerve root ganglia within the 30 days before the clinical worsening of herpes simplex, where the cutaneous distribution of herpes simplex corresponds with the nerve roots which were manipulated during surgery;
  17. (17)
    being exposed to sunlight or ultraviolet light at a level sufficient to induce at least mild erythema, within the seven days before the clinical worsening of herpes simplex;
  18. (18)
    being at least 20 weeks pregnant at the time of the clinical worsening of herpes simplex;
  19. (19)
    for acute herpes simplex encephalitis or acute herpes simplex retinal necrosis only, having surgery to the brain within the 30 days before the clinical worsening of herpes simplex;
  20. (20)
    for orofacial herpes simplex only: (a) having surgery to the face within the 30 days before the clinical worsening of herpes simplex; (b) having an upper respiratory tract infection within the seven days before the clinical worsening of herpes simplex; or (c) having a fever of at least 39 degrees Celsius in the 72 hours before the clinical worsening of herpes simplex;

    Note: surgery to the face is defined in the Schedule 1 - Dictionary.

  21. (21)
    for herpes simplex of the cornea (herpes simplex keratitis) only: (a) having cataract surgery within the six weeks before the clinical worsening of herpes simplex; or (b) wearing contact lenses in the 24 hours before the clinical worsening of herpes simplex;
  22. (22)
    for eczema herpeticum only: (a) having atopic dermatitis before the clinical worsening of herpes simplex; or (b) having a psoriatic lesion close to the site of the HSV-1 or HSV-2 infection, at the time of the clinical worsening of herpes simplex;

    Note: eczema herpeticum is defined in the Schedule 1 - Dictionary.

    Note: close to the site is defined in the Schedule 1 - Dictionary.

  23. (23)
    for herpes simplex of the lip only: (a) having chapped lips in the 48 hours before the clinical worsening of herpes simplex; or (b) playing a woodwind or brass musical instrument in the 48 hours before the clinical worsening of herpes simplex;

    Note: chapped lips is defined in the Schedule 1 - Dictionary.

  24. (24)
    inability to obtain appropriate clinical management for herpes simplex;

Aggravation-only factors: the factors in subsections 9(13) to 9(24) 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.

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