Statement of Principles concerning multiple sclerosis No. 45 of 2002 (Cth)

Instrument No. 45 of 2002

Revocation and Determination

of

Statement of Principles

concerning

MULTIPLE SCLEROSIS

ICD-10-AM CODE: G35

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.171 of 1995; and

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

Kind of injury, disease or death

2.         (a)        This Statement of Principles is about multiple sclerosis and death from multiple sclerosis.

(b)For the purposes of this Statement of Principles “multiple sclerosis” means a relapsing-remitting or progressive neurological disorder in which there is disseminated demyelination, perivascular inflammation and scarring which involves the white matter of the central nervous system.  Multiple sclerosis attracts ICD-10-AM code G35.

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 multiple sclerosis or death from multiple sclerosis 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 multiple sclerosis or death from multiple sclerosis is inability to obtain appropriate clinical management for multiple sclerosis.

Other definitions

5.         For the purposes of this Statement of Principles:

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

“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.  Where in this Statement of Principles an ICD code is referenced, such reference is not to constrain or limit the proper meaning of the definition or words preceding the alphanumeric code reference;

“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

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

Dated this       Fourth   day of              June  2002

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN