Smoking tobacco products - material contribution

Diabetes mellitus - Smoking tobacco products - material contribution Factor

Smoking and CCPS

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 12 March 2008.

Investigative Documents

Preliminary questions [33780]

10548 the veteran has non-insulin dependent diabetes mellitus (type 2).

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

33781  the veteran has established the causal connection between smoking tobacco products and VEA service for diabetes mellitus.

33782   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of diabetes mellitus.

33784  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of diabetes mellitus.

or

33785  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of diabetes mellitus.

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.

33783   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical worsening of diabetes mellitus.

33787  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical worsening of diabetes mellitus.

or

33786  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical worsening of diabetes mellitus.

Clinical onset and operational service [33784]

33788 the veteran smoked at least 10 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of diabetes mellitus and, where smoking had ceased, the clinical onset of the condition under consideration occurred within 10 years of cessation.

33789 smoking as a causal result of operational service made a material contribution to the Statement of Principles requirements for the clinical onset of diabetes mellitus.

Clinical onset and eligible service [33785]

33790 the veteran smoked at least 10 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of diabetes mellitus and, where smoking had ceased, the clinical onset of the condition under consideration occurred within 5 years of cessation.

33791 smoking as a causal result of eligible service made a material contribution to the Statement of Principles requirements for the clinical onset of diabetes mellitus.

Clinical worsening and operational service [33787]

33792 the veteran smoked at least 10 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of diabetes mellitus and, where smoking had ceased, the clinical worsening of the condition under consideration occurred within 10 years of cessation.

34221 the veteran's smoking of at least 10 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 diabetes mellitus.

33803 smoking as a causal result of operational service made a material contribution to the Statement of Principles requirements for the clinical worsening of diabetes mellitus.

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 [33786]

33793 the veteran smoked at least 10 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of diabetes mellitus and, where smoking had ceased, the clinical worsening of the condition under consideration occurred within 5 years of cessation.

34221 the veteran's smoking of at least 10 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 diabetes mellitus.

33805 smoking as a causal result of eligible service made a material contribution to the Statement of Principles requirements for the clinical worsening of diabetes mellitus.

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