Statement of Principles concerning myeloma No. 56 of 2003 (Cth)

Instrument No.56 of 2003

Revocation and Determination

of

Statement of Principles

concerning

MYELOMA

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.73 of 1999; 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 myeloma and death from myeloma.

(b)For the purposes of this Statement of Principles, “myeloma” means a malignant disease of plasma cells, in which a single line of plasma cells accumulates and produces a monoclonal immunoglobulin.  This definition includes plasma cell leukaemia, multiple myeloma and solitary plasmacytoma of bone or extramedullary plasmacytoma, but excludes monoclonal gammopathy of undetermined significance.

(c)Myeloma attracts ICD-10-AM code C90.

(d)In the application of this Statement of Principles, the definition of “myeloma” is that given at para 2(b) above.

Basis for determining the factors

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

Factors that must be related to service

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

Factors

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

(a)being infected with Human Immunodeficiency Virus (HIV) at the time of the clinical onset of myeloma; or

(b)inability to obtain appropriate clinical management for myeloma.

Factors that apply only to material contribution or aggravation

6.         Paragraph 5(b) applies only to material contribution to, or aggravation of, myeloma where the person’s myeloma 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

7.         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

8.For the purposes of this Statement of Principles:

“being infected with Human Immunodeficiency Virus (HIV)” means serological evidence of infection with Human Immunodeficiency Virus;

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

“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), Third Edition, effective date of 1 July 2002, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 413 9;

“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

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

Dated this       Seventh   day of              November    2003

The Common Seal of the    )

Repatriation Medical Authority                   )

was affixed to this instrument   )

in the presence of:   )

KEN DONALD

CHAIRMAN