Statement of Principles

concerning

INTERNAL DERANGEMENT OF THE KNEE

Instrument No. 59 of 1997 as amended

made under section 196B(2) of the

This compilation was prepared on 20 November 2008
taking into account Amendment of Statement of Principles concerning INTERNAL DERANGEMENT OF THE KNEE (Instrument No. 96 of 1997)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane.

Determination

of

Statement of Principles

concerning

INTERNAL DERANGEMENT OF THE KNEE

ICD CODES: 717.0-717.5, 717.8, 717.9

Veterans’ Entitlements Act 1986

1.         This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).

Kind of injury, disease or death

2.         (a)  This Statement of Principles is about internal derangement of      the knee and death from internal derangement of the knee.

(b)       For the purposes of this Statement of Principles, “internal derangement of the knee” means a chronic disorder of the knee due to (alone or in combination) torn, ruptured or deranged meniscus of the knee, or torn or stretched collateral, cruciate or capsular ligament of the knee, resulting in ongoing or intermittent signs and symptoms such as pain, instability or abnormal mobility of that knee, attracting an ICD code in the range 717.0-717.5, or ICD code 717.8 or 717.9.  This definition excludes chondromalacia patellae, congenital discoid meniscus, cysts of the menisci and other degenerative processes such as osteoarthrosis, and loose bodies in the knee joint.

Note to user (this note is not part of the legal wording of this instrument):

If chondromalacia patellae, congenital discoid meniscus, cysts of the menisci or osteoarthrosis is claimed, reference is to be made to the relevant Statement of Principles (if any exists) for that disease.

Basis for determining the factors

3.         The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that internal derangement of the knee and death from internal derangement of the knee can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.

Factors that must be related to service

4.         Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.

Factors

5.         The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting internal derangement of the knee or death from internal derangement of the knee with the circumstances of a person’s relevant service are:

(a)        suffering a direct trauma or a twisting or wrenching injury to the affected knee:

(i)        within the six months immediately before the clinical onset of internal derangement of the knee; and

(ii)       resulting in pain and swelling of the knee within the 12 hours immediately following the trauma or injury; or

(b)       suffering a direct trauma or a twisting or wrenching injury to the affected knee:

(i)        within the six months immediately before the clinical worsening of internal derangement of the knee; and

(ii)       resulting in pain and swelling of the knee within the 12 hours immediately following the trauma or injury; or

(c)       inability to obtain appropriate clinical management for internal derangement of the knee.

Factors that apply only to material contribution or aggravation

6.         Paragraphs 5(b) to 5(c) apply only to material contribution to, or aggravation of, internal derangement of the knee where the person’s internal derangement of the knee was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.

Other definitions

7.      For the purposes of this Statement of Principles:

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

“relevant service” means:

(a)       operational service; or

(b)       peacekeeping service; or

(c)       hazardous service.

Notes to Statement of Principles concerning internal derangement of the knee (Instrument No. 59 of 1997)

The Statement of Principles concerning internal derangement of the knee (Instrument No. 59 of 1997) in force under section 196B(2) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Table of Amendments