Smoking tobacco products - material contribution

Erectile dysfunction - Smoking and CCPS Factor

Smoking cigarettes, cigars or pipe tobacco due to VEA service need only have made a material contribution to the minimum smoking requirements specified in the SOP (refer Kattenberg v Repatriation Commission [2002] FCA 412).  It has not been possible to make changes to the smoking module in CCPS to take account of this, but for many cases this is of no consequence because service-related smoking alone is sufficient to meet the SOP requirements.  However, for smoking cases that do not succeed under the CCPS smoking module, there is a contention:

• Smoking tobacco products - material contribution

This contention covers all types of smoking – cigarettes, pipe and cigars - with rulebase questions to ascertain whether or not VEA service made a material contribution to the SOP requirements.  This may entail addressing issues that have already been covered in the smoking module because it has not been possible to isolate specific facts established within that module.

Last reviewed for CCPS 5 October 2005.

Investigative Documents

Preliminary questions [34261]

30303 the veteran has smoked cigarettes, cigars or pipe tobacco at some time.

35231  the veteran has established the causal connection between smoking tobacco products and VEA service for erectile dysfunction.

34262   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of erectile dysfunction.

34263  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of erectile dysfunction.

or

34264  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of erectile dysfunction.

or

7334     the clinical onset of the condition under consideration occurred after the end of the veteran's last period of VEA service.

7335     the condition under consideration permanently worsened.

35232   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical worsening of erectile dysfunction.

35233  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical worsening of erectile dysfunction.

or

35234  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical worsening of erectile dysfunction.

Clinical onset and operational service [34263]

22343 the veteran smoked at least ten pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

34268 smoking as a causal result of operational service made a material contribution to 10 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the erectile dysfunction.

Clinical onset and eligible service [34264]

34265 the veteran smoked at least fifteen pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

34269 smoking as a causal result of eligible service made a material contribution to 15 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the erectile dysfunction.

Clinical worsening and operational service [35233]

34266 the veteran smoked at least ten pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration.

35235 the veteran's smoking of at least ten pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration took place after the clinical onset of erectile dysfunction.

35546 smoking as a causal result of operational service made a material contribution to 10 pack years of cigarettes or the equivalent thereof in other tobacco products after the clinical onset of the erectile dysfunction and before its clinical worsening.

33454 the clinical onset of the condition under consideration occurred prior to that part of operational service to which the smoking is causally related.

Clinical worsening and eligible service [35234]

34267 the veteran smoked at least fifteen pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration.

35236 the veteran's smoking of at least fifteen pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration took place after the clinical onset of erectile dysfunction.

35547 smoking as a causal result of eligible service made a material contribution to 15 pack years of cigarettes or the equivalent thereof in other tobacco products after the clinical onset of the erectile dysfunction and before its clinical worsening.

33459 the clinical onset of the condition under consideration occurred prior to that part of eligible service to which the smoking is causally related.