Statement of Principles concerning migraine No. 75 of 1999 (Cth)

Instrument No.75 of 1999

Revocation and Determination

of

Statement of Principles

concerning

MIGRAINE

ICD-10-AM CODE: G43

Veterans’ Entitlements Act 1986

1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):

(a)       revokes Instrument No.4 of 1996; and

(b)       determines in its place the following Statement of Principles.

Kind of injury, disease or death

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

(b)       For the purposes of this Statement of Principles, “migraine” means a neurovascular condition in which there are periodic attacks, lasting 4 to 72 hours, of a symptom complex typically consisting of headache that is pulsatile and aggravated by physical activity, accompanied by nausea, photophobia and phonophobia, and which symptom complex may be preceded by a prodrome of neurological symptoms comprising visual disturbances, sensory disturbances, motor weakness or aphasia, attracting ICD-10-AM code G43.  This definition excludes cluster headache, tension-type headache and headache attributable to intracranial structural anomalies or systemic disease.

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 migraine and death from migraine 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 factor set out in clause 5 must be related to any relevant service rendered by the person.

Factors

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

(a)       inability to obtain appropriate clinical management for migraine.

Factors that apply only to material contribution or aggravation

1. Paragraph 5(a) applies only to material contribution to, or aggravation of, migraine where the person’s migraine 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.

Inclusion of Statements of Principles

1. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

Other definitions

1. For the purposes of this Statement of Principles:

“death from migraine” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s migraine;

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), effective date of 1 July 1998, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86451 340 3;

“relevant service” means:

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

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

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

a)         pneumonia;

b)         respiratory failure;

c)         cardiac arrest;

d)         circulatory failure; or

e)         cessation of brain function.

Application

1. This Instrument applies to all matters to which section 120B of the Act applies.

Dated this       Twenty-eighth day of     October    1999

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN