Statement of Principles concerning cardiomyopathy No. 20 of 1998

Administered by Department of Veterans' Affairs

Legislation au F2005B03568 Not in force Legislative Instrument

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Statement of Principles

concerning

CARDIOMYOPATHY

Instrument No. 20 of 1998 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 11 November 2005
taking into account Amendment of Statement of Principles concerning CARDIOMYOPATHY (Instrument No. 23 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Revocation and Determination

of

Statement of Principles

concerning

 

CARDIOMYOPATHY

 

ICD CODES: 086.0, 425086.0, 425

 

Veterans’ Entitlements Act 1986

 

 

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

 

(a) revokes Instrument No.94 of 1996; and

 

(b) determines in its place the following Statement of Principles.

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about cardiomyopathycardiomyopathy and death from cardiomyopathy.

 

(b) For the purposes of this Statement of Principles, “cardiomyopathy” means a non-inflammatory disorder of heart muscle, other than ischaemic or hypertensive disease, being described as dilated, restrictive or hypertrophic in type, in which the pathological process involves solely the myocardium, or the myocardium and the endocardium, including primary and secondary forms, attracting ICD code 086.0 or 425.

 

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 cardiomyopathy and death from cardiomyopathy 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, at least one of the factors set out 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, cardiomyopathy or death from cardiomyopathy is connected with the circumstances of a person’s relevant service are:

 

(a) for men, drinking at least 300kg of alcohol (contained within alcoholic drinks) within any 10 year period before the clinical onset of secondary cardiomyopathy; or

 

(b) for women, drinking  at least 250 kg of alcohol (contained within alcoholic drinks) within any 10 year period before the clinical onset of secondary cardiomyopathy; or

 

(c) undergoing treatment with anthracyclines within the 12 months immediately before the clinical onset of secondary cardiomyopathy; or

 

(d) being infected with Human Immunodeficiency Virus (HIV) before the clinical onset of secondary cardiomyopathy; or

 

(e) suffering from coxsackie myocarditis before the clinical onset of secondary cardiomyopathy; or

 

(f) suffering from chagasic myocarditis before the clinical onset of secondary cardiomyopathy; or

 

(g) suffering from Lyme disease myocarditis before the clinical onset of secondary cardiomyopathy; or

 

(h) suffering from rickettsial myocarditis before the clinical onset of secondary cardiomyopathy; or

 

(j) suffering from diabetes mellitus at the time of the clinical onset of secondary cardiomyopathy; or

 

(k) suffering from thyrotoxicosis or hypothyroidism at the time of the clinical onset of secondary cardiomyopathy; or

 

(m) suffering from sarcoidosis at the time of the clinical onset of secondary cardiomyopathy; or

 

(n) suffering from total lipodystrophy at the time of the clinical onset of secondary cardiomyopathy; or

 

(o) suffering from phaeochromocytoma at the time of the clinical onset of secondary cardiomyopathy; or

 

(p) suffering from systemic lupus erythematosus at the time of the clinical onset of secondary cardiomyopathy; or

 

(q) suffering from polyarteritis nodosa at the time of the clinical onset of secondary cardiomyopathy; or

 

(r) suffering from dermatomyositis at the time of the clinical onset of secondary cardiomyopathy; or

 

(s) suffering from systemic sclerosis at the time of the clinical onset of secondary cardiomyopathy; or

 

(t) suffering from haemochromatosis at the time of the clinical onset of secondary cardiomyopathy; or

 

(u) being pregnant or being within the six months immediately postpartum at the time of the clinical onset of secondary cardiomyopathy; or

 

(v) undergoing a course of therapeutic radiation involving the mediastinum before the clinical onset of secondary cardiomyopathy; or

 

(w) suffering an idiosyncratic drug reaction which has resulted in the clinical onset of secondary cardiomyopathy; or

 

(x) suffering clinically apparent thiamine deficiency (beriberi) before the clinical onset of secondary cardiomyopathy; or

 

(y) for men, drinking at least 300kg of alcohol (contained within alcoholic drinks) within any 10 year period before the clinical worsening of primary or secondary cardiomyopathy; or

 

(z) for women, drinking  at least 250kg of alcohol (contained within alcoholic drinks) within any 10 year period before the clinical worsening of primary or secondary cardiomyopathy; or

 

(za) undergoing treatment with anthracyclines within the 12 months immediately before the clinical worsening of primary or secondary cardiomyopathy; or

 

(zb) being infected with Human Immunodeficiency Virus (HIV) before the clinical worsening of primary or secondary cardiomyopathy; or

 

(zc) being infected with coxsackie B virus before the clinical worsening of primary or secondary cardiomyopathy; or

 

(zd) being infected with the parasite Trypanosoma cruzi before the clinical worsening of primary or secondary cardiomyopathy; or

 

(ze) being infected with the spirochaete Borrelia burgdorferi before the clinical worsening of primary or secondary cardiomyopathy; or

 

(zf) suffering from rickettsial myocarditis before the clinical worsening of primary or secondary cardiomyopathy; or

 

(zg) suffering from diabetes mellitus at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zh) suffering from thyrotoxicosis or hypothyroidism at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zj) suffering from sarcoidosis at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zk) suffering from phaeochromocytoma at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zm) suffering from systemic lupus erythematosus at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zn) suffering from polyarteritis nodosa at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zo) suffering from dermatomyositis at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zp) suffering from systemic sclerosis at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zq) suffering from haemochromatosis at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zr) being pregnant or being within the six months immediately postpartum at the time of the clinical worsening of primary or secondary cardiomyopathy; or

 

(zs) undergoing a course of therapeutic radiation involving the mediastinum before the clinical worsening of primary or secondary cardiomyopathy; or

 

(zt) suffering an idiosyncratic drug reaction which has resulted in the clinical worsening of primary or secondary cardiomyopathy; or

 

(zu) suffering clinically apparent thiamine deficiency (beriberi) before the clinical worsening of primary or secondary cardiomyopathy; or

 

(zv) inability to obtain appropriate clinical management for cardiomyopathycardiomyopathy.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(y) to 5(zv) apply only to material contribution to, or aggravation of, cardiomyopathy where the person’s cardiomyopathy 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:

 

“a course of therapeutic radiation” means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;

 

“alcohol (contained within alcoholic drinks)” is measured by the alcohol consumption calculations utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink;

 

“being infected with Human Immunodeficiency Virus (HIV)” means serological evidence of infection with Human Immunodeficiency Virus, attracting ICD code 042 or 079.53;

 

“beriberi” means a state of thiamine deficiency which may be due to decreased thiamine intake, impaired thiamine absorption and storage, and/or accelerated destruction of thiamine diphosphate in the body.  The two major manifestations of thiamine deficiency involve the cardiovascular (wet beriberi) and nervous systems (dry beriberi and Wernicke-Korsakoff syndrome).  Typically the features are mixed with both systems affected to a greater or lesser extent;

 

“chagasic myocarditis” means inflammation of the muscular walls of the heart due to infection with the parasite Trypanosoma cruzi, attracting ICD code 086.0;

 

“coxsackie B virus” means one of a heterogeneous group of viruses of the genus Enterovirus, that in humans has a tendency to affect the meninges and occasionally the cerebrum, but which can cause a wide spectrum of clinical illness;

 

“coxsackie myocarditis” means myocarditis due to infection with the coxsackie B virus, attracting ICD code 074.23;

 

“dermatomyositis” means a condition in which characteristic inflammatory skin changes occur in conjunction with a chronic, nonsuppurative, progressive, inflammatory lymphocyte infiltration of skeletal muscle, attracting ICD code 710.3;

 

“haemochromatosis” means a genetic disorder of iron storage in which an inappropriate increase in intestinal iron absorption results in the deposition of excessive quantities of iron in parenchymal cells, with eventual tissue damage and functional impairment of the organs involved, especially the liver, pancreas, heart and pituitary, and excluding acquired haemosiderosis, attracting ICD code 275.0;

 

“hypothyroidism” means the functional state resulting from insufficiency of thyroid hormones, attracting ICD code 243 or 244;

 

“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;

 

“idiosyncratic drug reaction” means an abnormal susceptibility to some drug, which is peculiar to the individual.  For a drug to be implicated as the cause of an idiosyncratic reaction, for practical purposes it must be recognised as causing such in the medical-scientific literature, as idiosyncratic drug reactions are not dose dependent or involve a consistent temporal relationship.  The medical-scientific literature to be consulted should be adequately referenced and include computer databases such as Stat-Ref or standard pharmacology textbooks such The Medical Letter on Drugs and Therapeutics (1988-1996), Basic and Clinical Pharmacology (1998), Ellenhorn Medical Toxicology (1997), Handbook of Adverse Drug Interactions (1996), Physicians GenRx - The Complete Drug Reference (1996), Merck Manual of Diagnosis and Therapy (16th ed. 1992), Goodman and Gilman's The Pharmacological Basis of Therapeutics (9th ed. 1996) and Martindale The Extra Pharmacopoeia (30th ed. 1993).  The Australian Adverse Drug Reaction Advisory Committee is also another source of medical-scientific information;

 

“Lyme disease myocarditis” means myocarditis due to infection with the spirochaete Borrelia burgdorferi, attracting ICD code 088.81 or 422.0;

 

“myocarditis” means inflammation of the muscular walls of the heart, attracting ICD code 032.82, 036.43, 074.23, 093.82, 130.3, 391.2, 398.0, 422 or 429.0;

 

“phaeochromocytoma” means a tumour which produces, stores and secretes catecholamines, which are usually derived from the adrenal medulla or chromaffin cells in or about sympathetic ganglia, attracting ICD code 194.0, 227.0, 237.2 or 237.3;

 

“polyarteritis nodosa” means a systemic, necrotizing vasculitis affecting small and medium-sized arteries, attracting ICD code 446.0;

 

“primary cardiomyopathy” means a non-inflammatory disorder of heart muscle, being described as dilated, restrictive or hypertrophic in type, in which the pathological process involves solely the myocardium, or the myocardium and the endocardium, arising because of no obvious or known cause and is not part of a disease affecting other organs attracting ICD code 425.0, 425.1, 425.2, 425.3 or 425.4;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other than hazardous service);

 

“rickettsial myocarditis” means myocarditis due to infection with Rickettsia rickettsii, attracting ICD code 082.0 or 422.0;

 

“sarcoidosis” means a chronic, progressive, systemic, granulomatous reticulosis involving almost any organ or tissue and characterized histologically by the presence in all affected organs or tissues, of noncaseating epithelioid cell tubercles, attracting ICD code 135;

 

“secondary cardiomyopathy” means a non-inflammatory disorder of heart muscle, being described as dilated, restrictive or hypertrophic in type, in which the pathological process involves solely the myocardium, or the myocardium and the endocardium, and which is the result of a known agent, disease process or condition, attracting ICD code 086.0, 425.5, 425.7, 425.8 or 425.9;

 

“systemic lupus erythematosus” means a connective tissue disease in which cells are damaged by pathogenic autoantibodies and immune complexes, attracting ICD code 710.0;

 

“systemic sclerosis” means a systemic disorder of the connective tissue characterised by induration and thickening of the skin, by fibrotic degenerative changes in various body organs, attracting ICD code 710.1;

 

“thyrotoxicosis” means a condition caused by excessive quantities of thyroid hormones, whether the excess results from overproduction by the thyroid gland (as in Graves' disease), originates outside the thyroid, or is due to loss of storage function and leakage from the gland, attracting ICD code 242;

 

“total lipodystrophy” means an autosomal recessive disorder of lipid storage, characterised by a generalised loss of subcutaneous fat and extracutaneous adipose tissue, attracting ICD code 272.6.

 

Application

8. This Instrument applies to all matters to which section 120B of the Act applies.

 


Notes to Statement of Principles concerning cardiomyopathy (Instrument No. 20 of 1998)

The Statement of Principles concerning cardiomyopathy (Instrument No. 20 of 1998) in force under section 196B(3) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning cardiomyopathy (Instrument No. 20 of 1998)

8 April 1998

(see Gazette 1998, No. GN14)

8 April 1998

 

Amendment of Statement of Principles concerning cardiomyopathy (Instrument No. 23 of 2002)

16 January 2002

(see Gazette 2002, No. GN2)

16 January 2002

 


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Paragraph 7 – ‘diabetes mellitus’ 

rep. Instrument  No.23 of 2002

 

Overview

The Statement of Principles concerning CARDIOMYOPATHY, enacted under section 196B(3) of the Veterans’ Entitlements Act 1986, was introduced to address the issue of cardiomyopathy and its connection to relevant military service. This legislative instrument, first made in 1998 and subsequently amended in 2002, aims to provide a clear framework for determining the entitlement of veterans suffering from cardiomyopathy to benefits under the Act. The Repatriation Medical Authority, acting under the authority conferred by the Act, established these principles to ensure that veterans who developed cardiomyopathy due to factors related to their service can receive appropriate recognition and compensation. The overarching policy objective is to affirm the link between certain medical conditions, such as cardiomyopathy, and military service, thereby extending necessary support to affected veterans.

Scope and Application

This Statement of Principles, made under section 196B(3) of the Veterans’ Entitlements Act 1986, pertains to the medical condition known as cardiomyopathy and death from cardiomyopathy, affecting veterans and members of the Australian Defence Force. The Instrument outlines the medical-scientific evidence linking cardiomyopathy and death from cardiomyopathy to relevant military service, and specifies the factors that must be related to service for such a connection to be recognised. The factors include specific health conditions, exposure to certain infections, and treatments that may have contributed to or aggravated the condition. The Instrument applies to all matters covered under section 120B of the Act, which primarily concerns the assessment and determination of veterans' entitlements. The application of the Instrument is further clarified through amendments, which have been incorporated into the current version of the Statement of Principles. This legislative instrument is significant in determining the eligibility of veterans for medical and financial benefits related to cardiomyopathy and death from cardiomyopathy.

Key Provisions

The Statement of Principles concerning Cardiomyopathy Instrument No. 20 of 1998, as amended, is a legislative instrument made under section 196B(3) of the Veterans’ Entitlements Act 1986 (the Act). This instrument addresses the relationship between cardiomyopathy and death from cardiomyopathy, and service rendered by veterans or members of the Australian Defence Forces. The Repatriation Medical Authority has determined that it is more probable than not that cardiomyopathy and death from cardiomyopathy can be related to relevant service. This determination is based on sound medical-scientific evidence and is outlined in the Statement of Principles. The Statement of Principles sets out the factors that must exist before it can be said that, on the balance of probabilities, cardiomyopathy or death from cardiomyopathy is connected with the circumstances of a person’s relevant service. These factors include, among others, the consumption of alcohol, treatment with anthracyclines, infection with Human Immunodeficiency Virus (HIV), and suffering from various forms of myocarditis or other specified conditions. It is important that at least one of these factors must be related to any relevant service rendered by the person for the condition to be connected with their service. The Act imposes several obligations on the parties and entities it governs. Primarily, it requires the Repatriation Medical Authority to determine the connection between service and the development of cardiomyopathy or death from cardiomyopathy based on the factors outlined in the Statement of Principles. It also requires claimants to provide evidence supporting the presence of any of the specified factors and their connection to relevant service. Additionally, the Act mandates that the Repatriation Medical Authority must consider all relevant medical evidence and determine the likelihood of a service connection. There are no explicit offences, penalties, or civil/criminal consequences stated in this legislative instrument for breaches of the provisions. However, the failure to comply with the requirements of the Act and the Statement of Principles could potentially impact the eligibility for veterans' benefits related to service-connected conditions. For instance, if a claimant does not provide adequate evidence to substantiate the connection between their service and the development of cardiomyopathy, their claim for benefits may be denied. It is worth noting that the primary consequences of non-compliance would be related to the denial of benefits rather than criminal or civil penalties.

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