Statement of Principles concerning acoustic neuroma No. 68 of 1996 (Cth)

Case

Instrument No.68 of 1996

Determination

of

Statement of Principles

concerning

ACOUSTIC NEUROMA

ICD CODE: 225.1

Veterans’ Entitlements Act 1986

  1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).

Kind of injury, disease or death

  1. (a) This Statement of Principles is about acoustic neuroma and death from acoustic neuroma.

(b) For the purposes of this Statement of Principles, “acoustic neuroma” means a sporadic, progressively enlarging benign tumour, that arises within the internal auditory canal from Schwann cells of the vestibular division of the eighth cranial nerve and is also known as acoustic Schwannoma or vestibular Schwannoma, attracting ICD code 225.1.  This definition excludes acoustic neuromas associated with neurofibromatosis.

Basis for determining the factors

  1. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that acoustic neuroma can be related to relevant service rendered by veterans or members of the Forces.

Factors that must be related to service

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

Factors

  1. The factors that must exist before it can be said that, on the balance of probabilities, acoustic neuroma or death from acoustic neuroma is connected with the circumstances of a person’s relevant service are:

(a)        undergoing a course of therapeutic radiation to the affected region of the affected vestibular nerve at least 10 years before the clinical onset of acoustic neuroma; or

(b)        inability to obtain appropriate clinical management for acoustic neuroma.

Factors that apply only to material contribution or aggravation

  1. Paragraph 5(b) applies only to material contribution to, or aggravation of, acoustic neuroma where the person’s acoustic neuroma was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.

Other definitions

  1. For the purposes of this Statement of Principles:

“course of therapeutic radiation” means one or more fractions (treatment portions) of therapeutic radiation given with the aim of achieving palliation or cure with ionising radiation;

“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 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;

“relevant service” means:

(a)        eligible war service (other than operational service); or

(b)        defence service (other than hazardous service);

“therapeutic radiation” means medical treatment by irradiation to the person with gamma rays, x-rays, alpha particles or beta particles.

Dated this         Twenty-first    day of               May     1996

The Common Seal of the    )

Repatriation Medical Authority              )

was affixed to this instrument                 )

in the presence of   )

KEN DONALD

CHAIRMAN

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