Smoking tobacco products - material contribution

Chronic obstructive pulmonary disease - Smoking tobacco products - material contribution 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 Statement of Principle (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 20 April 2005.

Investigative Documents

Preliminary questions [34324]

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

34325  the veteran has established the causal connection between smoking tobacco products and VEA service for chronic bronchitis and / or emphysema.

34326   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of chronic bronchitis and / or emphysema.

34328  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of chronic bronchitis and / or emphysema.

or

34329  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of chronic bronchitis and / or emphysema.

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.

34327   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical worsening of chronic bronchitis and / or emphysema.

34330  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical worsening of chronic bronchitis and / or emphysema.

or

34331  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical worsening of chronic bronchitis and / or emphysema.

Clinical onset and operational service [34328]

34332 the veteran has smoked at least five pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of chronic bronchitis and / or emphysema.

34336 smoking as a causal result of operational service made a material contribution to the Statement of Principles requirements for the clinical onset of chronic bronchitis and / or emphysema.

Clinical onset and eligible service [34329]

34333 the veteran has smoked at least ten pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of chronic bronchitis and / or emphysema.

34337 smoking as a causal result of eligible service made a material contribution to the Statement of Principles requirements for the clinical onset of chronic bronchitis and / or emphysema.

Clinical worsening and operational service [34330]

34334 the veteran has smoked at least five pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of chronic bronchitis and / or emphysema.

34701 the veteran's smoking of at least five pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of chronic bronchitis and / or emphysema took place after the clinical onset of chronic bronchitis and / or emphysema.

34338 smoking as a causal result of operational service made a material contribution to the Statement of Principles requirements for the clinical worsening of chronic bronchitis and / or emphysema.