Date amended:
External
Statements of Principles

Acquired cataract - 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 Statement of Principle (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 20 August 2008.

Investigative Documents
Type Title PDF Format Word Format
Claimant Report
Smoking
Document
Document
Claimant Report
Smoking
Document
Document
Preliminary questions [34278]

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

39914  the veteran has established the causal connection between smoking tobacco products and VEA service for acquired cataract.

34279   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of acquired cataract.

34280  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of acquired cataract.

or

34281  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of acquired cataract.

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.

39915   the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical worsening of acquired cataract.

39916  the veteran has established the causal connection between smoking tobacco products and operational service for the clinical worsening of acquired cataract.

or

39917  the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical worsening of acquired cataract.

Clinical onset and operational service [34280]

34282 the veteran smoked at least 10 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of acquired cataract.

34283 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 acquired cataract.

Clinical onset and eligible service [34281]

34284 the veteran smoked at least 20 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of acquired cataract.

34285 smoking as a causal result of eligible service made a material contribution to 20 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of acquired cataract.

Clinical worsening and operational service [39916]

39924 the veteran smoked at least 10 pack years of cigarettes or the equivalent thereof in other tobacco products after the clinical onset of acquired cataract and before its clinical worsening.

39926 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 acquired cataract 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 [39917]

39925 the veteran smoked at least 20 pack years of cigarettes or the equivalent thereof in other tobacco products after the clinical onset of acquired cataract and before its clinical worsening.

39927 smoking as a causal result of eligible service made a material contribution to 20 pack years of cigarettes or the equivalent thereof in other tobacco products after the clinical onset of acquired cataract 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.