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 26 August 2004.

Investigative Documents

Type	Title	PDF Format	Word Format
Claimant Report	Smoking	CRD905.pdf	CRD905.docx
Claimant Report	Smoking	CRV905.pdf	CRV905.docx

Preliminary questions [33882]

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

33888  the veteran has established the causal connection between smoking tobacco products and VEA service for the clinical onset of malignant neoplasm of colorectum.

33891   the veteran has established the causal connection between smoking tobacco products and operational service for the clinical onset of malignant neoplasm of colorectum.

or

33892   the veteran has established the causal connection between smoking tobacco products and eligible service for the clinical onset of malignant neoplasm of colorectum.

Clinical onset and operational service [33891]

33958 the veteran has smoked at least fifteen pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of malignant neoplasm of colorectum and, where smoking has ceased, the clinical onset of malignant neoplasm of colorectum occurred within 30 years of cessation.

33959 the veteran's smoking of at least fifteen pack years of cigarettes or the equivalent thereof in other tobacco products commenced at least 20 years before the clinical onset of malignant neoplasm of colorectum.

33960 smoking as a causal result of operational service made a material contribution to the SOP requirements for malignant neoplasm of colorectum and smoking tobacco products.

Clinical onset and eligible service [33892]

33961 the veteran has smoked at least 25 pack years of cigarettes or the equivalent thereof in other tobacco products before the clinical onset of malignant neoplasm of colorectum and, where smoking has ceased, the clinical onset of malignant neoplasm of colorectum occurred within 15 years of cessation.

33962 the veteran's smoking of at least 25 pack years of cigarettes or the equivalent thereof in other tobacco products commenced at least 35 years before the clinical onset of malignant neoplasm of colorectum.

33963 smoking as a causal result of eligible service made a material contribution to the SOP requirements for malignant neoplasm of colorectum and smoking tobacco products.