Statement of Principles concerning otosclerosis No. 120 of 2007 (Cth)

Statement of Principles

concerning

OTOSCLEROSIS

No. 120 of 2007

for the purposes of the

Veterans’ Entitlements Act 1986

and

Military Rehabilitation and Compensation Act 2004

Title

1. This Instrument may be cited as Statement of Principles concerning otosclerosis No. 120 of 2007.

Determination

1. The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):

(a)       revokes Instrument No. 14 of 1996 concerning otosclerosis; and

(b)       determines in its place this Statement of Principles.

Kind of injury, disease or death

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

(b)For the purposes of this Statement of Principles, "otosclerosis" means a disorder of the bone of the labyrinthine capsule, characterised by new bone formation commonly involving the footplate of the stapes.

(c)Otosclerosis attracts ICD-10-AM code H80.

(d)In the application of this Statement of Principles, the definition of "otosclerosis" is that given at paragraph 3(b) above.

Basis for determining the factors

1. 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 otosclerosis or death from otosclerosis and which can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA) is that set out in clause 5.

Factors that must be related to service

1. 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 otosclerosis or death from otosclerosis is inability to obtain appropriate clinical management for otosclerosis.

Other definitions

1. For the purposes of this Statement of Principles:

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

"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), Fifth Edition, effective date of 1 July 2006, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 772 3;

"relevant service" means:

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

(b)defence service (other than hazardous service) under the VEA; or

(c)peacetime service under the MRCA;

"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

7.This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.

Date of effect

1. This Instrument takes effect from 14 November 2007.

Dated this       first         day of             November    2007

The Common Seal of the                  )

Repatriation Medical Authority       )

was affixed to this instrument          )

in the presence of:   )

KEN DONALD

CHAIRPERSON