Instrument No.13 of 1998
Determination
of
Statement of Principles
concerning
CARDIAC MYXOMA
ICD CODE: 212.7
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 cardiac myxoma and death from cardiac myxoma.
(b) For the purposes of this Statement of Principles, “cardiac myxoma” means a benign neoplasm composed of primitive connective tissue cells and stroma resembling mesenchyme and usually arising from the atria of the heart, attracting ICD code 212.7.
Basis for determining the factors
3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that cardiac myxoma and death from cardiac myxoma 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 factor set out in the paragraph in clause 5 must be related to any relevant service rendered by the person.
Factors
5. The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting cardiac myxoma or death from cardiac myxoma with the circumstances of a person’s relevant service is:
(a) inability to obtain appropriate clinical management for cardiac myxoma.
Factors that apply only to material contribution or aggravation
6. Paragraph 5(a) applies only to material contribution to, or aggravation of, cardiac myxoma where the person’s cardiac myxoma 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:
“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 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;
“relevant service” means:
(a) operational service; or
(b) peacekeeping service; or
(c) hazardous service.
Dated this Twenty-seventh day of March 1998
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of )
KEN DONALD
CHAIRMAN
Overview
The Determination of Statement of Principles concerning Cardiac Myxoma ICD Code: 212.7 under the Veterans' Entitlements Act 1986 was enacted to address the problem of veterans, members of Peacekeeping Forces, or members of the Forces suffering from cardiac myxoma, a benign heart tumour, and death from such conditions potentially related to their service. This legislative instrument, numbered 13 of 1998, was issued by the Repatriation Medical Authority, an entity empowered under the Act to establish such statements of principles. The policy objective of this legislation is to ensure that veterans who were unable to obtain appropriate clinical management for cardiac myxoma during or as a result of their service can be recognised and compensated accordingly. This determination establishes the necessary medical and service-related factors required to substantiate a claim linking cardiac myxoma or death from such conditions to the person's service.
Scope and Application
The Statement of Principles concerning cardiac myxoma under the Veterans’ Entitlements Act 1986 applies to veterans, members of Peacekeeping Forces, and members of the Forces who have developed cardiac myxoma or died from it. This benign neoplasm, attracting ICD code 212.7, arises from the atria of the heart and can be related to their relevant service. The determination acknowledges that there is sound medical-scientific evidence linking cardiac myxoma to such service. To establish a connection, the Repatriation Medical Authority specifies that the inability to obtain appropriate clinical management for the condition must be related to the person's relevant service, which includes operational service, peacekeeping service, or hazardous service. The legislation does not provide for exclusions, exemptions, or thresholds within this Statement of Principles, and its application is not extended or restricted through subordinate instruments. The geographic and jurisdictional reach of this determination is national, affecting eligible veterans across Australia.
Key Provisions
The main operative sections of this determination are sections 1 through 7, which outline the establishment and scope of the Statement of Principles concerning cardiac myxoma and death from cardiac myxoma. Section 1 identifies the determination as being made under the Veterans’ Entitlements Act 1986. Section 2 specifies that this Statement of Principles pertains to cardiac myxoma and death resulting from it, defining cardiac myxoma in the context of the legislation (Section 2(b)). Section 3 affirms the basis for the determination, which is grounded in sound medical-scientific evidence that links cardiac myxoma and its resulting death to relevant service by veterans, members of Peacekeeping Forces, or members of the Forces. Section 4 mandates that the factors relating to the service must be connected to any relevant service rendered by the person. Section 5 identifies the minimum factor that must exist to reasonably connect cardiac myxoma or death from cardiac myxoma with the circumstances of a person’s relevant service, specifically the inability to obtain appropriate clinical management for cardiac myxoma (Section 5(a)). Section 6 specifies that the factors in Section 5 apply only to material contribution to, or aggravation of, cardiac myxoma under certain conditions, and Section 7 provides definitions for terms used in the Statement of Principles.
The obligations and requirements imposed by this Act on the parties it governs include ensuring that any claims for veterans' entitlements related to cardiac myxoma or death from it are substantiated by evidence of relevant service and the inability to obtain appropriate clinical management. The Repatriation Medical Authority is tasked with determining whether there is sufficient medical-scientific evidence to support a connection between the injury, disease, or death and the service rendered. Claimants must provide relevant documentation and evidence to substantiate their claims, and the Repatriation Medical Authority will assess these claims based on the criteria outlined in the Statement of Principles.
The Act also outlines potential offences, penalties, or consequences for breach, although specific details regarding these are not explicitly stated within the provided text. Generally, breaches of the Veterans’ Entitlements Act 1986 or related legislation could result in civil or criminal penalties, depending on the nature and severity of the breach. Penalties could include fines or imprisonment for criminal offences, while civil consequences might involve the revocation of entitlements or other administrative sanctions. The maximum penalties would be determined by the specific provisions of the Act and any related legislation, as well as the discretion of the court or administrative body adjudicating the matter.