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Smoking tobacco products - material contribution

Document
Last amended 
2 June 2015

Intracerebral haemorrhage - 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

CRD905.pdf

CRD905.docx
Claimant Report
Smoking

CRV905.pdf

CRV905.docx
Preliminary questions [37238]

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

37266 the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of intracerebral haemorrhage.

37267   the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of intracerebral haemorrhage.

or

37268   the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of intracerebral haemorrhage.

Clinical onset and operational service [37267]

37272 the veteran smoked an average of at least fifteen 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.

37273 smoking as a causal result of operational service made a material contribution to the SOP requirements for intracerebral haemorrhage and smoking tobacco products.

Clinical onset and eligible service [37268]

37272 the veteran smoked an average of at least fifteen 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.

37274 smoking as a causal result of eligible service made a material contribution to the SOP requirements for intracerebral haemorrhage and smoking tobacco products.