Instrument No.67 of 1996
Determination
of
Statement of Principles
concerning
ACOUSTIC NEUROMA
ICD CODE: 225.1
Veterans’ Entitlements Act 1986
1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act).
Kind of injury, disease or death
2. (a) This Statement of Principles is about acoustic neuroma and death from acoustic neuroma.
(b) For the purposes of this Statement of Principles, “acoustic neuroma” means a sporadic, progressively enlarging benign tumour, that arises within the internal auditory canal from Schwann cells of the vestibular division of the eighth cranial nerve and is also known as acoustic Schwannoma or vestibular Schwannoma, attracting ICD code 225.1. This definition excludes acoustic neuromas associated with neurofibromatosis.
Basis for determining the factors
3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that acoustic neuroma can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces.
Factors that must be related to service
4. Subject to clause 6, the factors set out in at least one of the paragraphs in clause 5 must be related to any relevant service rendered by the person.
Factors
5. The factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting acoustic neuroma or death from acoustic neuroma with the circumstances of a person’s relevant service are:
(a) undergoing a course of therapeutic radiation to the affected region of the affected vestibular nerve at least 10 years before the clinical onset of acoustic neuroma; or
(b) inability to obtain appropriate clinical management for acoustic neuroma.
Factors that apply only to material contribution or aggravation
6. Paragraph 5(b) applies only to material contribution to, or aggravation of, acoustic neuroma where the person’s acoustic neuroma was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e), 70(5)(d) or 70(5A)(d) of the Act refers.
Other definitions
7. For the purposes of this Statement of Principles:
“course of therapeutic radiation” means one or more fractions (treatment portions) of therapeutic radiation given with the aim of achieving palliation or cure with ionising radiation;
“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1995, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 22235 5;
“relevant service” means:
(a) operational service; or
(b) peacekeeping service; or
(c) hazardous service.
“therapeutic radiation” means medical treatment by irradiation to the person with gamma rays, x-rays, alpha particles or beta particles.
Dated this Twenty-first day of May 1996
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The Statement of Principles concerning Acoustic Neuroma, determined in 1996 by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, addresses the issue of acoustic neuroma, a benign tumour originating from Schwann cells of the vestibular division of the eighth cranial nerve, in relation to veterans and members of Peacekeeping Forces or the Forces. The Statement of Principles was introduced to provide a basis for recognising the connection between acoustic neuroma and relevant military service, thereby ensuring that affected individuals can access appropriate entitlements and support. The determination is grounded on sound medical-scientific evidence indicating that acoustic neuroma can be related to relevant service, with specific factors such as undergoing therapeutic radiation to the affected region of the vestibular nerve at least ten years before the onset of the condition or an inability to obtain appropriate clinical management considered in establishing this connection. The Repatriation Medical Authority's role in determining these factors ensures that the needs of veterans suffering from acoustic neuroma are acknowledged and addressed within the framework of the Act.
Scope and Application
This Statement of Principles is determined under the Veterans' Entitlements Act 1986 and pertains specifically to acoustic neuroma, a benign tumour affecting the vestibular nerve, and death resulting from this condition. It applies to veterans, members of Peacekeeping Forces, and members of the Armed Forces, focusing on cases where acoustic neuroma is linked to their service, excluding those associated with neurofibromatosis. The Act establishes that there is sound medical-scientific evidence supporting a connection between acoustic neuroma and relevant military service. To substantiate a claim, it is necessary to demonstrate that the acoustic neuroma was either subjected to therapeutic radiation to the affected region of the vestibular nerve at least ten years prior to its clinical onset or that there was an inability to obtain appropriate clinical management for the condition. This Statement of Principles outlines the criteria that must be met to establish a reasonable hypothesis connecting the acoustic neuroma with the individual’s military service, thereby qualifying them for certain entitlements under the Act. The determination is applicable across the Commonwealth of Australia and may extend or be restricted through subordinate instruments as necessary.
Key Provisions
This legislative instrument (F2008B00490) determines a Statement of Principles concerning acoustic neuroma under the Veterans' Entitlements Act 1986 (the Act) (section 1). The Statement of Principles addresses acoustic neuroma and death from acoustic neuroma, which is defined as a sporadic, progressively enlarging benign tumour arising from Schwann cells of the vestibular division of the eighth cranial nerve, attracting ICD code 225.1 (section 2). The determination is based on sound medical-scientific evidence indicating that acoustic neuroma can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces (section 3).
The legislation specifies that a reasonable hypothesis connecting acoustic neuroma or death from acoustic neuroma with a person's relevant service can be raised if certain factors are present (section 4). These factors include undergoing a course of therapeutic radiation to the affected region of the vestibular nerve at least 10 years before the clinical onset of acoustic neuroma, or being unable to obtain appropriate clinical management for the condition (section 5). Paragraph 5(b) applies only to material contribution to, or aggravation of, acoustic neuroma where the condition was suffered or contracted before or during (but not arising out of) the person's relevant service (section 6).
Under the Act, individuals who have served in relevant service, including operational service, peacekeeping service, or hazardous service, may be eligible for certain benefits if they meet the criteria outlined in this Statement of Principles (section 7). The obligations imposed on parties governed by this legislation include providing evidence of service and the presence of specified factors related to acoustic neuroma. Failure to comply with these obligations can result in legal consequences, including civil or criminal penalties. The specific penalties for breach are not detailed in this Statement of Principles, but under the Act, breaches may result in fines and other legal repercussions depending on the nature and severity of the violation.