Statement of Principles concerning motor neuron disease No. 66 of 2001 (Cth)

Instrument No.66 of 2001

Revocation and Determination

of

Statement of Principles

concerning

MOTOR NEURON DISEASE

ICD-10-AM CODE: G12.2

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.246 of 1995; 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 motor neuron disease and death from motor neuron disease.

(b)       For the purposes of this Statement of Principles, “motor neuron disease” is a progressive neurodegenerative disease with clinical signs of lower and upper motor neuron damage in the absence of electrophysiological and neuroimaging evidence of other disease processes that explain the clinical signs, attracting ICD-10-AM code G12.2, but excluding familial motor neuron disease.

Basis for determining the factors

3.         After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that it is more probable than not on the sound medical-scientific evidence available, that the only factor that can be related to the cause of or material contribution to or aggravation of motor neuron disease or death from motor neuron disease and which can be related to relevant service is that set out in clause 4.

Factors that must be related to service

4.         The factor that must exist before it can be said that, on the balance of probabilities, in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating motor neuron disease or death from motor neuron disease is inability to obtain appropriate clinical management for motor neuron disease.

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

“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), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 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       Twelfth   day of              September           2001

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN