Instrument No.68 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(3) 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that acoustic neuroma 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, 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 exist before it can be said that, on the balance of probabilities, acoustic neuroma or death from acoustic neuroma is connected 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) or 70(5)(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) eligible war service (other than operational service); or
(b) defence service (other than 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 was determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986. This legislative instrument addresses the issue of acoustic neuroma, a benign tumour affecting the eighth cranial nerve, and its potential connection to relevant service rendered by veterans or members of the Forces. The primary objective of this determination is to provide a framework for establishing the relationship between acoustic neuroma and relevant service, facilitating the assessment of entitlements for affected veterans.
The Repatriation Medical Authority has concluded that it is more probable than not that acoustic neuroma can be related to relevant service based on the available medical-scientific evidence. To establish a connection, the factors outlined in the Statement of Principles must be related to the person's service, including 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 the inability to obtain appropriate clinical management for acoustic neuroma. These provisions aim to ensure that veterans who suffer from acoustic neuroma due to their service receive the necessary support and recognition.
Scope and Application
This Statement of Principles, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, pertains to acoustic neuroma and death from acoustic neuroma. It applies specifically to veterans and members of the Australian Defence Force who have developed acoustic neuroma, a benign tumour arising from Schwann cells in the internal auditory canal, excluding those associated with neurofibromatosis. The Act recognises that acoustic neuroma can be linked to relevant service rendered by veterans, provided that certain factors, such as undergoing therapeutic radiation to the affected vestibular nerve at least 10 years prior to the onset of the condition or inability to obtain appropriate clinical management, are related to the service. The Statement of Principles also specifies that certain factors apply only in cases where the neuroma was suffered or contracted before or during service but not arising out of it. The geographic reach of this legislation is national, as it applies to all veterans and members of the Defence Force throughout Australia. The Act may extend its application through subordinate instruments, which can provide further definitions and specific conditions under which the Statement of Principles applies.
Key Provisions
This legislative instrument establishes a Statement of Principles concerning acoustic neuroma under the Veterans’ Entitlements Act 1986 (section 1). It specifies that this Statement pertains to acoustic neuroma and death from acoustic neuroma (section 2). The determination is based on the view that it is more probable than not that acoustic neuroma can be related to relevant service rendered by veterans or members of the Forces (section 3). The factors that must be related to any relevant service rendered by the person are 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 inability to obtain appropriate clinical management for acoustic neuroma (section 5).
The obligations imposed by this Statement of Principles require that, for acoustic neuroma or death from acoustic neuroma to be connected with a person's relevant service, the relevant service must have included one of the factors listed in section 5. This means that veterans or members of the Forces need to provide evidence of undergoing a course of therapeutic radiation to the affected region of the vestibular nerve at least 10 years prior to the clinical onset of acoustic neuroma, or demonstrate that they were unable to obtain appropriate clinical management for acoustic neuroma. Additionally, paragraph 5(b) applies only in cases where the acoustic neuroma was suffered or contracted before or during the relevant service but not arising out of it (section 6).
The Statement also includes specific definitions to clarify the terms used. For instance, "course of therapeutic radiation" is defined as one or more fractions of therapeutic radiation given with the aim of achieving palliation or cure (section 7). There are no explicit provisions detailing offences, penalties, or consequences for breach within this Statement of Principles. However, under the broader framework of the Veterans’ Entitlements Act 1986, failure to comply with the requirements or providing false information could potentially lead to legal consequences, including penalties for fraud or misrepresentation as prescribed by other relevant sections of the Act.