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Statement of Principles

Human immunodeficiency virus infection — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Human immunodeficiency virus infection. DVA can only accept a claim for Human immunodeficiency virus infection 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.

Human immunodeficiency virus infection

RH No. 5 of 2019 · BoP No. 6 of 201910 factors

Meaning of human immunodeficiency virus infection: For the purposes of this Statement of Principles, human immunodeficiency virus infection means an infection that is caused by one of the human retroviruses, human immunodeficiency virus-1 (HIV-1) or human immunodeficiency virus-2 (HIV-2). (3) While human immunodeficiency virus infection attracts ICD-10-AM code B20, B21, B22, B23, B24 or Z21, in applying this Statement of Principles the meaning of human immunodeficiency virus infection 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.

Reasonable Hypothesis (RH) — Statement of Principles No. 5 of 2019

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 human immunodeficiency virus infection or death from human immunodeficiency virus infection with the circumstances of a person's relevant service:

  1. (1)
    being exposed to HIV-1 or HIV-2 before the clinical onset of human immunodeficiency virus infection;

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

  2. (2)
    having: (a) a genital ulcerative disease; or (b) a non-ulcerative anogenital sexually transmitted infection with clinical symptoms or signs, excluding genital warts; or (c) herpes simplex virus type 2 anogenital infection; within the 30 days before the clinical onset of human immunodeficiency virus infection;
  3. (3)
    using depot medroxyprogesterone acetate contraception at the time of the clinical onset of human immunodeficiency virus infection;
  4. (4)
    having an infection from the specified list of infections at the time of the clinical worsening of human immunodeficiency virus infection;

    Note: specified list of infections is defined in the Schedule 1 - Dictionary.

  5. (5)
    inability to obtain appropriate clinical management for human immunodeficiency virus infection;

Aggravation-only factors: the factors in subsections 9(4) and 9(5) 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. 6 of 2019

5 factors

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

  1. (1)
    being exposed to HIV-1 or HIV-2 before the clinical onset of human immunodeficiency virus infection;

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

  2. (2)
    having: (a) a genital ulcerative disease; or (b) a non-ulcerative anogenital sexually transmitted infection with clinical symptoms or signs, excluding genital warts; or (c) herpes simplex virus type 2 anogenital infection; within the 30 days before the clinical onset of human immunodeficiency virus infection;
  3. (3)
    using depot medroxyprogesterone acetate contraception at the time of the clinical onset of human immunodeficiency virus infection;
  4. (4)
    having tuberculosis at the time of the clinical worsening of human immunodeficiency virus infection;
  5. (5)
    inability to obtain appropriate clinical management for human immunodeficiency virus infection;

Aggravation-only factors: the factors in subsections 9(4) and 9(5) 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.

Accepted — what is it worth?

A Statement of Principles decides one thing only: whether DVA accepts liability for human immunodeficiency virus infection. It says nothing about how much you are paid. Compensation is worked out separately, from impairment points under the GARP — so a condition can be accepted and still rate few points, or rate more than you expect once it is combined with everything else on your file.

Part of DVA Claims — Infections & tropical disease — every Statement of Principles covering infections and tropical disease.

Others in this area:

Dr Thomas Perkins, Veterans Health Centre

Reviewed by Dr Thomas Perkins

Founding doctor, Veterans Health Centre · former RAAF aviation medical officer · 13 years working exclusively with ADF members and veterans. Full profile →