Date amended:
External
Statements of Principles

Malignant neoplasm of the bladder - 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 12 March 2008.

INVESTIGATIVE DOCUMENTS
Type Title PDF Format Word Format
Claimant Report
Smoking
Claimant Report
Smoking
PRELIMINARY QUESTIONS [34943]

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

34944  the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of malignant neoplasm of the bladder.

34945   the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of malignant neoplasm of the bladder.

or

34946   the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of malignant neoplasm of the bladder.

CLINICAL ONSET AND OPERATIONAL SERVICE [34945]

34949 the veteran smoked at least 2.5 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

34947 smoking as a causal result of operational service made a material contribution to the SOP requirements for malignant neoplasm of the bladder and smoking tobacco products.

CLINICAL ONSET AND ELIGIBLE SERVICE [34946]

34950 the veteran smoked at least 5 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of the condition under consideration.

34948 smoking as a causal result of eligible service made a material contribution to the SOP requirements for malignant neoplasm of the bladder and smoking tobacco products.