Statement of Principles concerning cluster headache (Balance of Probabilities) (No. 58 of 2018) (Cth)

Statement of Principles

concerning

CLUSTER HEADACHE
(Balance of Probabilities)

(No. 58 of 2018)

The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated    22 June 2018

The Common Seal of the
Repatriation Medical Authority
was affixed to this instrument
at the direction of:

Professor Nicholas Saunders AO
Chairperson

Contents

1Name........................................................................................................................................... 3

2Commencement........................................................................................................................ 3

3Authority..................................................................................................................................... 3

4Repeal......................................................................................................................................... 3

5Application................................................................................................................................. 3

6Definitions.................................................................................................................................. 3

7Kind of injury, disease or death to which this Statement of Principles relates............... 3

8Basis for determining the factors........................................................................................... 4

9Factors that must exist............................................................................................................. 5

10Relationship to service............................................................................................................. 5

11Factors referring to an injury or disease covered by another Statement of Principles. 5

Schedule 1 - Dictionary............................................................................................. 6

1Definitions.................................................................................................................................. 6

1. Name

This is the Statement of Principles concerning cluster headache (Balance of Probabilities) (No. 58 of 2018).

1. Commencement

This instrument commences on 23 July 2018.

1. Authority

This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.

1. Repeal

The Statement of Principles concerning cluster headache No. 21 of 2010 (Federal Register of Legislation No. F2010L01037) made under subsection 196B(3) of the VEA is repealed.

1. Application

This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.

1. Definitions

The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

1. Kind of injury, disease or death to which this Statement of Principles relates

(1)This Statement of Principles is about cluster headache and death from cluster headache.

Meaning of cluster headache

(2)For the purposes of this Statement of Principles, cluster headache:

(a)means a headache condition in which there are multiple attacks of severe, unilateral headache in the orbital, supraorbital or temporal region, where each headache typically lasts from 15 to 180 minutes. The headache is accompanied by a sense of restlessness or agitation, or at least one of the following autonomic symptoms occurring on the same side as the pain:

(i)conjunctival injection or lacrimation;

(ii)eyelid oedema;

(iii)forehead and facial sweating;

(iv)miosis or ptosis; or

(v)nasal congestion or rhinorrhoea; and

(b)includes episodic cluster headache and chronic cluster headache; and

(c)excludes:

(i)headache attributable to inflammatory disorders of the head and neck;

(ii)headache attributable to structural abnormalities;

(iii)headache attributable to systemic disease;

(iv)hemicrania continua;

(v)migraine;

(vi)paroxysmal hemicrania;

(vii)short-lasting unilateral neuralgiform headache attacks with conjunctival injection and tearing (SUNCT);

(viii)short-lasting unilateral neuralgiform headache attacks with cranial autonomic symptoms (SUNA);

(ix)tension-type headache; and

(x)trigeminal neuralgia.

Note:   Headache attacks in cluster headache typically occur at a frequency between one every other day and eight per day.  In episodic cluster headache disorder only, cluster headache attacks occur in bouts separated by asymptomatic periods which are free from cluster headache attacks.

(3)While cluster headache attracts ICD‑10‑AM code G44.0, in applying this Statement of Principles the meaning of cluster headache is that given in subsection (2).

(4)For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4.

Death from cluster headache

(5)For the purposes of this Statement of Principles, cluster headache, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's cluster headache.

Note: terminal event is defined in the Schedule 1 – Dictionary.

1. Basis for determining the factors

On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that cluster headache and death from cluster headache can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.

Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.

1. Factors that must exist

At least one of the following factors must exist before it can be said that, on the balance of probabilities, cluster headache or death from cluster headache is connected with the circumstances of a person's relevant service:

(1)taking glyceryl trinitrate, isosorbide mononitrate or isosorbide dinitrate within the 24 hours before the clinical worsening of cluster headache;

(2)consuming alcohol within the 24 hours before the clinical worsening of cluster headache;

(3)inability to obtain appropriate clinical management for cluster headache.

1. Relationship to service

(1)The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.

(2)The factors set out in subsections 9(1) to 9(3) apply only to material contribution to, or aggravation of, cluster headache where the person's cluster headache was suffered or contracted before or during (but did not arise out of) the person's relevant service.

1. Factors referring to an injury or disease covered by another Statement of Principles

In this Statement of Principles:

(1)if a factor referred to in section 9 applies in relation to a person; and

(2)that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;

then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.

Schedule 1 - Dictionary

Note: See Section 6

1. Definitions

In this instrument:

cluster headache—see subsection 7(2).

MRCAmeans the Military Rehabilitation and Compensation Act 2004.

relevant service means:

(a)eligible war service (other than operational service) under the VEA;

(b)defence service (other than hazardous service and British nuclear test defence service) under the VEA; or

(c)peacetime service under the MRCA.

Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.

terminal event means the proximate or ultimate cause of death and includes the following:

(a) pneumonia;

(b) respiratory failure;

(c) cardiac arrest;

(d) circulatory failure; or

(e) cessation of brain function.

VEA means the Veterans' Entitlements Act 1986.