Date amended:
External
Statements of Principles

Cerebral ischaemia - 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 24 May 2007.

Investigative Documents
Type Title PDF Format Word Format
Claimant Report
Smoking
Document
Document
Claimant Report
Smoking
Document
Document
Preliminary questions [34192]

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

34193  the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of cerebrovascular accident.

34194   the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of cerebrovascular accident.

or

34195   the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of cerebrovascular accident.

Clinical onset and operational service [34194]

37872 the veteran had ceased smoking tobacco products before the clinical onset of the condition under consideration, a cerebrovascular accident.

37879  the veteran has established the causal connection between smoking tobacco products which had ceased and operational service for the clinical onset of the condition under consideration, a cerebrovascular accident.

34199 the veteran smoked an average of at least twenty cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident.

37726 smoking as a causal result of operational service made a material contribution to smoking an average of at least twenty cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident.

or

34196 the veteran smoked an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident.

34197 where the veteran smoked an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident, the clinical onset of the condition under consideration occurred within ten years of cessation.

37728 smoking as a causal result of operational service made a material contribution to smoking an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident.

or

37880  the veteran has established the causal connection between smoking tobacco products which had not ceased and operational service for the clinical onset of the condition under consideration, a cerebrovascular accident.

37181 the veteran smoked at least one pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration, a cerebrovascular accident.

37724 smoking as a causal result of operational service made a material contribution to smoking at least one pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration, a cerebrovascular accident.

or

37178 the veteran smoked an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least the one year before the clinical onset of the condition under consideration, a cerebrovascular accident.

37182 smoking as a causal result of operational service made a material contribution to smoking an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least the one year before the clinical onset of the condition under consideration, a cerebrovascular accident.

Clinical onset and eligible service [34195]

37872 the veteran had ceased smoking tobacco products before the clinical onset of the condition under consideration, a cerebrovascular accident.

37881  the veteran has established the causal connection between smoking tobacco products which had ceased and eligible service for the clinical onset of the condition under consideration, a cerebrovascular accident.

34199 the veteran smoked an average of at least twenty cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident.

37727 smoking as a causal result of eligible service made a material contribution to smoking an average of at least twenty cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident.

or

34196 the veteran smoked an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident.

34198 where the veteran smoked an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident, the clinical onset of the condition under consideration occurred within five years of cessation.

37729 smoking as a causal result of eligible service made a material contribution to smoking an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least five years before the clinical onset of the condition under consideration, a cerebrovascular accident.

or

37882  the veteran has established the causal connection between smoking tobacco products which had not ceased and eligible service for the clinical onset of the condition under consideration, a cerebrovascular accident.

37181 the veteran smoked at least one pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration, a cerebrovascular accident.

37725 smoking as a causal result of eligible service made a material contribution to smoking at least one pack year of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration, a cerebrovascular accident.

or

37178 the veteran smoked an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least the one year before the clinical onset of the condition under consideration, a cerebrovascular accident.

37183 smoking as a causal result of eligible service made a material contribution to smoking an average of at least five cigarettes per day or the equivalent thereof in other tobacco products for at least the one year before the clinical onset of the condition under consideration, a cerebrovascular accident.