Instrument No.14 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(3) 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. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that cardiac myxoma and death from cardiac myxoma 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 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 exist before it can be said that, on the balance of probabilities, cardiac myxoma or death from cardiac myxoma is connected 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) or 70(5)(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) eligible war service (other than operational service); or
(b) defence service (other than 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 Veterans' Entitlements Act 1986, enacted by the Australian Parliament, addresses the needs of veterans and their families by providing various benefits and entitlements. Specifically, the 1998 Determination of Statement of Principles concerning Cardiac Myxoma aims to clarify and provide a framework for assessing claims related to cardiac myxoma, a benign heart tumour, and death resulting from this condition among veterans. This legislative instrument was created to ensure that veterans who may have developed cardiac myxoma due to their service are appropriately recognised and compensated. The Repatriation Medical Authority determined that it is more probable than not that cardiac myxoma and death from cardiac myxoma can be related to relevant service rendered by veterans, based on available medical-scientific evidence. The primary policy objective is to establish clear criteria for linking cardiac myxoma to service, facilitating fair and informed decision-making regarding veterans' claims.
Scope and Application
The Statement of Principles concerning cardiac myxoma, as determined by the Repatriation Medical Authority under the Veterans' Entitlements Act 1986, applies to veterans and members of the Australian Defence Forces who suffer from cardiac myxoma or death from this condition. This determination is based on the view that cardiac myxoma and related deaths can be more likely than not related to relevant service rendered by these individuals. The legislation identifies "relevant service" as eligible war service or defence service, excluding operational or hazardous service. The determination specifies that the inability to obtain appropriate clinical management for cardiac myxoma must be related to the individual's relevant service for a connection to be established. Notably, this statement applies only to cases where the cardiac myxoma was suffered or contracted before or during the relevant service, not arising out of it. The scope of this legislative instrument is confined to the Commonwealth level and is designed to provide specific criteria for veterans seeking compensation or medical benefits related to cardiac myxoma.
Key Provisions
The Statement of Principles concerning cardiac myxoma, as determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act) (Section 1), pertains specifically to cardiac myxoma, a benign neoplasm arising from the heart’s atria, and death resulting from this condition (Section 2). The Authority bases its determination on available medical-scientific evidence, concluding that there is a more than likely connection between cardiac myxoma and death from this condition and relevant military service (Section 3). The primary factor for establishing a connection between the condition and relevant service is the inability to obtain appropriate clinical management for the cardiac myxoma (Section 5). This factor is particularly pertinent when the cardiac myxoma was present before or during service, but not necessarily arising from it (Section 6).
The obligations imposed by this determination on veterans and relevant parties include providing evidence of their service and the manifestation of cardiac myxoma, as well as demonstrating the inability to obtain appropriate clinical management during or as a result of their service. The Act also mandates that the medical evidence provided must be comprehensive and supported by relevant documentation to substantiate the claim of a service-related condition (Section 7). The Repatriation Medical Authority requires that these claims are substantiated with the necessary medical and service records, and may require further investigation or additional information from the claimant to validate the connection between the service and the cardiac myxoma.
The legislation does not explicitly state offences, penalties, or consequences for breaches within this specific Statement of Principles. However, under the general provisions of the Veterans’ Entitlements Act 1986, any fraudulent claims or misrepresentation of facts may result in civil or criminal penalties. These could include fines and imprisonment, reflecting the seriousness with which the Act treats dishonest claims. The exact penalties would depend on the nature and extent of the breach, as outlined in other sections of the broader Act.