Instrument No.208 of 1995
Statement of Principles
concerning
CEREBRAL MENINGIOMA
ICD CODE: 225.2
Veterans' Entitlements Act 1986
subsection 196B(3)
1. Being of the view that on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that cerebral meningioma and death from cerebral meningioma can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act), that the factors that must exist before it can be said that, on the balance of probabilities, cerebral meningioma or death from cerebral meningioma is connected with the circumstances of that service, are:
(a) undergoing a course of therapeutic radiation to the head or neck before the clinical onset of cerebral meningioma; or
(b) inability to obtain appropriate clinical management for cerebral meningioma.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(b) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(b) applies only where:
(a) the person’s cerebral meningioma developed before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between cerebral meningioma and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act.
4. For the purposes of this Statement of Principles:
“a course” means five or more episodes of treatment within a 125 day period;
“cerebral meningioma” means a benign, slowly growing primary tumour of the cerebral meninges, which are the membranes surrounding the brain, attracting ICD code 225.2;
“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472;
“therapeutic radiation” means medical treatment by irradiation to the person with gamma rays, x-rays, alpha particles or beta particles.
Dated this First day of June 1995
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 Cerebral Meningioma ICD Code: 225.2, issued under subsection 196B(3) of the Veterans' Entitlements Act 1986, was enacted in 1995 to address the medical-scientific evidence linking cerebral meningioma and death from cerebral meningioma with eligible war service or defence service rendered by veterans and members of the Forces. The Repatriation Medical Authority established that cerebral meningioma could be connected to such service if it was more probable than not, given the factors of undergoing therapeutic radiation to the head or neck before the onset of the condition or an inability to obtain appropriate clinical management. This legislative instrument aims to provide clarity and criteria for determining eligibility for benefits related to cerebral meningioma under the Act, ensuring that affected individuals can access appropriate support and compensation based on their service history and medical circumstances.
Scope and Application
The Statement of Principles concerning Cerebral Meningioma ICD Code 225.2, issued under subsection 196B(3) of the Veterans' Entitlements Act 1986, applies specifically to veterans and members of the Australian Defence Forces who may have developed cerebral meningioma or died from it, and are seeking to establish a connection between their condition and their service. This statement outlines the conditions under which such a connection can be made, requiring that the individual either underwent a course of therapeutic radiation to the head or neck before the clinical onset of the meningioma, or was unable to obtain appropriate clinical management for the condition. These criteria must relate to the service rendered by the individual, with specific provisions for the latter condition ensuring it is tied to the timing of the service and the nature of the relationship between the condition and the service. This legislative instrument extends its application to the Commonwealth level, influencing the assessment and potential entitlement decisions for affected individuals within the veteran community.
Key Provisions
The Statement of Principles concerning Cerebral Meningioma, issued under subsection 196B(3) of the Veterans' Entitlements Act 1986, outlines specific factors that must be present to determine a connection between cerebral meningioma or death from cerebral meningioma and eligible war or defence service. According to the Statement, for a connection to be established, a veteran or member of the forces must have undergone a course of therapeutic radiation to the head or neck before the clinical onset of cerebral meningioma, or they must have been unable to obtain appropriate clinical management for cerebral meningioma (Sections 1 and 2). The inability to obtain appropriate clinical management applies only if the cerebral meningioma developed before a period of service and if the relationship between the condition and the service falls within specified categories outlined in the Act (Section 3).
Under the Act, there are specific obligations and requirements imposed on veterans or members of the forces seeking to establish a connection between cerebral meningioma and their service. They must provide evidence that at least one of the factors specified in the Statement is related to their service. For the factor of undergoing therapeutic radiation, this involves providing records or other evidence that they received such treatment within a specified timeframe. For the inability to obtain appropriate clinical management, they must show that they were unable to access necessary medical care and that this inability is related to their service (Sections 1 and 2). The definitions provided within the Statement, such as what constitutes "therapeutic radiation" and "a course," are integral to understanding and fulfilling these requirements (Section 4).
Breach of the obligations or failure to provide adequate evidence as required by the Statement of Principles can have significant consequences. While the Statement itself does not explicitly detail penalties, the broader Veterans' Entitlements Act 1986 provides a framework within which non-compliance could lead to civil or criminal penalties. These might include fines or other sanctions if misrepresentation or fraud is involved, as outlined under the general provisions of the Act. The specific penalties would depend on the nature and extent of the breach, but they could potentially include substantial financial penalties or other legal consequences for serious violations (Sections 1-4).