Smoking tobacco products - material contribution

Ischaemic heart disease - 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 27 April 2010.

Investigative Documents

Type	Title	PDF Format	Word Format
Claimant Report	Smoking
Claimant Report	Smoking

Preliminary questions [33596]

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

33597  the veteran has established the causal connection between smoking tobacco products and VEA service for the condition under consideration.

33598   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of the condition under consideration.

33600  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of the condition under consideration.

or

33601  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of the condition under consideration.

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.

33599   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical worsening of the condition under consideration.

33602  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical worsening of the condition under consideration.

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

or

33603  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical worsening of the condition under consideration.

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

Clinical onset and operational service [33600]

34228 the veteran had ceased smoking tobacco products at the time of the clinical onset of the condition under consideration.

33604  the veteran has established the causal connection between the tobacco smoking which had ceased prior to the clinical onset of ischaemic heart disease and operational service for the clinical onset of the condition under consideration.

33612 the veteran smoked at least 20 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of ischaemic heart disease.

33456 smoking as a causal result of operational service made a material contribution to 20 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

or

33614 the veteran smoked 5 or more, but less than 20, pack years of cigarettes or the equivalent thereof in other tobacco products and the clinical onset of the condition under consideration occurred within fifteen years of smoking cessation.

33446 where the clinical onset of the condition under consideration occurred within fifteen years of smoking cessation, smoking as a causal result of operational service made a material contribution to 5 pack years of cigarettes or the equivalent thereof in other tobacco products.

or

33615 the veteran smoked 1 or more, but less than 5, pack years of cigarettes or the equivalent thereof in other tobacco products and the clinical onset of the condition under consideration occurred within five years of smoking cessation.

33447 where the clinical onset of the condition under consideration occurred within five years of smoking cessation, smoking as a causal result of operational service made a material contribution to 1 pack year of cigarettes or the equivalent thereof in other tobacco products.

or

33605  the veteran has established the causal connection between the tobacco smoking which had not ceased prior to the clinical onset of ischaemic heart disease and operational service for the clinical onset of the condition under consideration.

33621 the veteran smoked an average of at least 5 cigarettes per day or the equivalent thereof in other tobacco products for at least the 1 year before the clinical onset of the condition under consideration.

33448 smoking as a causal result of operational service made a material contribution to an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least the 1 year before the clinical onset of the condition under consideration.

or

33617 the veteran smoked a minimum of 1 pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

33449 smoking as a causal result of operational service made a material contribution to 1 pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

Clinical onset and eligible service [33601]

34228 the veteran had ceased smoking tobacco products at the time of the clinical onset of the condition under consideration.

33606  the veteran has established the causal connection between the tobacco smoking which had ceased prior to the clinical onset of ischaemic heart disease and eligible service for the clinical onset of the condition under consideration.

33618 the veteran smoked a minimum of 5 pack years of cigarettes or the equivalent thereof in other tobacco products and the clinical onset of the condition under consideration occurred within five years of smoking cessation.

33450 where the clinical onset of the condition under consideration occurred within five years of smoking cessation, smoking as a causal result of eligible service made a material contribution to 5 pack years of cigarettes or the equivalent thereof in other tobacco products.

or

33620 the veteran smoked a minimum of 1, but less than 5, pack years of cigarettes or the equivalent thereof in other tobacco products and the clinical onset of the condition under consideration occurred within three years of smoking cessation.

33451 where the clinical onset of the condition under consideration occurred within three years of smoking cessation, smoking as a causal result of eligible service made a material contribution to 1 pack year of cigarettes or the equivalent thereof in other tobacco products.

or

33607  the veteran has established the causal connection between the tobacco smoking which had not ceased prior to the clinical onset of ischaemic heart disease and eligible service for the clinical onset of the condition under consideration.

33621 the veteran smoked an average of at least 5 cigarettes per day or the equivalent thereof in other tobacco products for at least the 1 year before the clinical onset of the condition under consideration.

33630 smoking as a causal result of eligible service made a material contribution to an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least the 1 year before the clinical onset of the condition under consideration.

or

33617 the veteran smoked a minimum of 1 pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

33452 smoking as a causal result of eligible service made a material contribution to 1 pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

Clinical worsening and operational service [33602]

34229 the veteran had ceased smoking tobacco products at the time of the clinical worsening of the condition under consideration.

33608  the veteran has established the causal connection between the tobacco smoking which had ceased prior to the clinical worsening of ischaemic heart disease and operational service for the clinical worsening of the condition under consideration.

33623 the veteran smoked a minimum of 20 pack years of cigarettes or the equivalent thereof in other tobacco products after the clinical onset of the condition under consideration and before its clinical worsening.

34230 smoking as a causal result of operational service made a material contribution to 20 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration.

or

33625 the veteran smoked 5 or more, but less than 20, pack years of cigarettes or the equivalent thereof in other tobacco products and the clinical worsening of the condition under consideration occurred within fifteen years of smoking cessation.

34224 the veteran's smoking of 5 or more, but less than 20, 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 ischaemic heart disease.

33710 where the clinical worsening of the condition under consideration occurred within fifteen years of smoking cessation, smoking as a causal result of operational service made a material contribution to 5 pack years of cigarettes or the equivalent thereof in other tobacco products.

or

33627 the veteran smoked 1 or more, but less than 5, pack years of cigarettes or the equivalent thereof in other tobacco products and the clinical worsening of the condition under consideration occurred within five years of smoking cessation.

34225 the veteran's smoking of 1 or more, but less than 5, 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 ischaemic heart disease.

33453 where the clinical worsening of the condition under consideration occurred within five years of smoking cessation, smoking as a causal result of operational service made a material contribution to 1 pack year of cigarettes or the equivalent thereof in other tobacco products.

or

33609  the veteran has established the causal connection between the tobacco smoking which had not ceased prior to the clinical worsening of ischaemic heart disease and operational service for the clinical worsening of the condition under consideration.

33628 the veteran smoked an average of at least 5 cigarettes per day or the equivalent thereof in other tobacco products after the clinical onset of the condition under consideration and for at least the 1 year before the clinical worsening of the condition under consideration.

33455 smoking as a causal result of operational service made a material contribution to an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least the 1 year before the clinical worsening of the condition under consideration.

or

33629 the veteran smoked a minimum of 1 pack year of cigarettes or the equivalent thereof in other tobacco products after the clinical onset of the condition under consideration and before its clinical worsening.

33711 smoking as a causal result of operational service made a material contribution to 1 pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration.

Clinical worsening and eligible service [33603]

34229 the veteran had ceased smoking tobacco products at the time of the clinical worsening of the condition under consideration.

33610  the veteran has established the causal connection between the tobacco smoking which had ceased prior to the clinical worsening of ischaemic heart disease and eligible service for the clinical worsening of the condition under consideration.

33631 the veteran smoked a minimum of 5 pack years of cigarettes or the equivalent thereof in other tobacco products and the clinical worsening of the condition under consideration occurred within five years of smoking cessation.

34226 the veteran's smoking of a minimum of 5 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 ischaemic heart disease.

33457 where the clinical worsening of the condition under consideration occurred within five years of smoking cessation, smoking as a causal result of eligible service made a material contribution to 5 pack years of cigarettes or the equivalent thereof in other tobacco products.

or

33633 the veteran smoked at least 1, but less than 5, pack years of cigarettes or the equivalent thereof in other tobacco products and the clinical worsening of the condition under consideration occurred within three years of smoking cessation.

34227 the veteran's smoking of at least 1, but less than 5, 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 ischaemic heart disease.

33458 where the clinical worsening of the condition under consideration occurred within three years of smoking cessation, smoking as a causal result of eligible service made a material contribution to 1 pack year of cigarettes or the equivalent thereof in other tobacco products.

or

33611  the veteran has established the causal connection between the tobacco smoking which had not ceased prior to the clinical worsening of ischaemic heart disease and eligible service for the clinical worsening of the condition under consideration.

33628 the veteran smoked an average of at least 5 cigarettes per day or the equivalent thereof in other tobacco products after the clinical onset of the condition under consideration and for at least the 1 year before the clinical worsening of the condition under consideration.

33460 smoking as a causal result of eligible service made a material contribution to an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least the 1 year before the clinical worsening of the condition under consideration.

or

33629 the veteran smoked a minimum of 1 pack year of cigarettes or the equivalent thereof in other tobacco products after the clinical onset of the condition under consideration and before its clinical worsening.

33461 smoking as a causal result of eligible service made a material contribution to 1 pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration.