Macular degeneration - 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 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 Document
| Type | Title | PDF Format | Word Format |
|---|---|---|---|
| Claimant Report | Smoking | ||
| Claimant Report | Smoking |
Preliminary questions [34167]
30303 the veteran has smoked cigarettes, cigars or pipe tobacco at some time.
41137 the veteran has established the causal connection between smoking tobacco products and VEA service for macular degeneration.
34170 the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of macular degeneration.
34171 the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of macular degeneration.
or
34172 the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of macular degeneration.
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.
41138 the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical worsening of macular degeneration.
41139 the veteran has established the causal connection between smoking tobacco products and operational service for the clinical worsening of macular degeneration.
or
41140 the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical worsening of macular degeneration.
Clinical onset and operational service [34171]
34180 the veteran smoked at least 10 pack-years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration, and, where smoking has ceased, the clinical onset has occurred within 20 years of cessation.
34182 smoking as a causal result of operational service made a material contribution to the requirements of the Statement of Principles for the clinical onset of macular degeneration regarding smoking.
Clinical onset and eligible service [34172]
34181 the veteran smoked at least 15 pack-years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration, and, where smoking has ceased, the clinical onset has occurred within 20 years of cessation.
34183 smoking as a causal result of eligible service made a material contribution to the requirements of the Statement of Principles for the clinical onset of macular degeneration regarding smoking.
Clinical worsening and operational service [41139]
41141 the veteran smoked at least 10 pack-years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration, and, where smoking has ceased, the clinical worsening has occurred within 20 years of cessation.
41143 smoking as a causal result of operational service made a material contribution to the requirements of the Statement of Principles for the clinical worsening of macular degeneration regarding smoking.
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 [41140]
41142 the veteran smoked at least 15 pack-years of cigarettes or the equivalent thereof in other tobacco products before the clinical worsening of the condition under consideration, and, where smoking has ceased, the clinical worsening has occurred within 20 years of cessation.
41144 smoking as a causal result of eligible service made a material contribution to the requirements of the Statement of Principles for the clinical worsening of macular degeneration regarding smoking.
33459 the clinical onset of the condition under consideration occurred prior to that part of eligible service to which the smoking is causally related.