Intervertebral disc prolapse - 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 16 September 2011.
Investigative Documents
| Type | Title | PDF Format | Word Format |
|---|---|---|---|
| Claimant Report | Smoking | ||
| Claimant Report | Smoking |
Preliminary questions [33985]
30303 the veteran has smoked cigarettes, cigars or pipe tobacco at some time.
33986 the veteran has established the causal connection between smoking tobacco products and VEA service for intervertebral disc prolapse.
33987 the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of intervertebral disc prolapse.
33989 the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of intervertebral disc prolapse.
or
33990 the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of intervertebral disc prolapse.
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.
33988 the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical worsening of intervertebral disc prolapse.
33991 the veteran has established the causal connection between smoking tobacco products and operational service for the clinical worsening of intervertebral disc prolapse.
or
33992 the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical worsening of intervertebral disc prolapse.
Clinical onset and operational service [33989]
38519 the veteran smoked at least ten cigarettes per day, or the equivalent thereof in other tobacco products, for a continuous period of at least one year before the clinical onset of the condition under consideration.
38522 where the veteran's tobacco smoking has ceased or been reduced below ten cigarettes per day, or the equivalent thereof in other tobacco products, the clinical onset of the condition under consideration has occurred within two years of that cessation or reduction.
33993 smoking as a causal result of operational service made a material contribution to the requirements of the reasonable hypothesis Statement of Principles for the clinical onset of the condition under consideration.
Clinical onset and eligible service [33990]
38526 the veteran smoked at least ten cigarettes per day, or the equivalent thereof in other tobacco products, for a continuous period of at least five years before the clinical onset of the condition under consideration.
38523 where the veteran's tobacco smoking has ceased or been reduced below ten cigarettes per day, or the equivalent thereof in other tobacco products, the clinical onset of the condition under consideration has occurred within one year of that cessation or reduction.
33994 smoking as a causal result of eligible service made a material contribution to the requirements of the balance of probabilities Statement of Principles for the clinical onset of the condition under consideration.
Clinical worsening and operational service [33991]
38520 the veteran smoked at least ten cigarettes per day, or the equivalent thereof in other tobacco products, for a continuous period of at least one year before the clinical worsening of the condition under consideration.
38524 where the veteran's tobacco smoking has ceased or been reduced below ten cigarettes per day, or the equivalent thereof in other tobacco products, the clinical worsening of the condition under consideration has occurred within two years of that cessation or reduction.
38527 the veteran's smoking of at least ten cigarettes per day, or the equivalent thereof in other tobacco products, for a continuous period of at least one year before the clinical worsening of the condition under consideration took place after the clinical onset of the condition under consideration.
33997 smoking as a causal result of operational service made a material contribution to the requirements of the reasonable hypothesis Statement of Principles 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.
Clinical worsening and eligible service [33992]
38521 the veteran smoked at least ten cigarettes per day, or the equivalent thereof in other tobacco products, for a continuous period of at least five years before the clinical worsening of the condition under consideration.
38525 where the veteran's tobacco smoking has ceased or been reduced below ten cigarettes per day, or the equivalent thereof in other tobacco products, the clinical worsening of the condition under consideration has occurred within one year of that cessation or reduction.
38528 the veteran's smoking of at least ten cigarettes per day, or the equivalent thereof in other tobacco products, for a continuous period of at least five years before the clinical worsening of the condition under consideration took place after the clinical onset of the condition under consideration.
33998 smoking as a causal result of eligible service made a material contribution to the requirements of the balance of probabilities Statement of Principles 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.