Statement of Principles concerning cluster headache syndrome No. 66 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2008B00699 Not in force Legislative Instrument

Legislation content

Instrument No.66 of 1999

 

Determination

of

Statement of Principles

concerning

CLUSTER HEADACHE SYNDROME

ICD-10-AM code: G44.0

 

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 cluster headache syndrome and death from cluster headache syndrome.

 

(b) For the purposes of this Statement of Principles, “cluster headache syndrome” means a headache condition in which there are multiple attacks of severe, unilateral headache in the orbital, supraorbital or temporal region, where each headache lasts from two to 180 minutes and is accompanied by, on the same side as the headache, conjunctival injection, lacrimation, nasal congestion, rhinorrhea, forehead and facial sweating, miosis, ptosis, or eyelid oedema, attracting ICD-10-AM code G44.0.  This definition includes chronic paroxysmal hemicrania and excludes migraine and headache attributable to intracranial structural anomalies or systemic disease.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that cluster headache syndrome and death from cluster headache syndrome 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, 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 as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting cluster headache syndrome or death from cluster headache syndrome with the circumstances of a person’s relevant service are:

 

(a) suffering trauma to the forehead, temple, or eye socket within the 28 days immediately before the clinical onset of cluster headache syndrome and, if the trauma involving those areas was unilateral, the cluster headache developed on the same side as that trauma; or

 

(b) suffering from alcohol dependence, involving the continuing daily consumption of alcohol, at the time of the clinical worsening of cluster headache syndrome; or

 

(c) undergoing treatment with nitroglycerine or acetazolamide for a condition for which the drug cannot be ceased or substituted, at the time of the clinical worsening of cluster headache syndrome; or

 

(d)              inability to obtain appropriate clinical management for cluster headache syndrome.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(b) to 5(d) apply only to material contribution to, or aggravation of, cluster headache syndrome where the person’s cluster headache syndrome 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.

 

Inclusion of Statements of Principles

7. In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.

 

Other definitions

8. For the purposes of this Statement of Principles:

 

“alcohol dependence” means the presence of a constellation of cognitive, behavioural and physiological symptoms indicating the continuing or past consumption of alcohol despite significant alcohol-related problems.  The pattern of repeated self administration may result in tolerance, withdrawal and compulsive alcohol use behaviour;

 

“death from cluster headache syndrome” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s cluster headache syndrome;

 

“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), effective date of 1 July 1998, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86451 340 3;

 

“relevant service” means:

 

(a) operational service; or

(b) peacekeeping service; or

(c) hazardous service;

 

“terminal event” means the proximate or ultimate cause of death and includes:

 

a) pneumonia;

b) respiratory failure;

c) cardiac arrest;

d) circulatory failure; or

e)                 cessation of brain function;

 

“trauma to the forehead, temple, or eye socket” means an injury to any or all of those areas of the head, resulting in loss of consciousness, traumatic amnesia, fracture of the underlying bones or full thickness laceration of the overlying skin.

 


Dated this Twenty-eighth day of October 1999

 

 

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 CLUSTER HEADACHE SYNDROME ICD-10-AM code: G44.0 under the Veterans’ Entitlements Act 1986 was enacted to address the recognition of cluster headache syndrome as a condition potentially related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Armed Forces. This legislation was introduced to ensure that veterans suffering from this debilitating condition could access appropriate entitlements and benefits. The Repatriation Medical Authority, acting under the authority of the Act, determined that there is sufficient medical-scientific evidence to support a connection between cluster headache syndrome and the relevant service of the affected individuals. The policy objective is to provide a clear framework for recognising cluster headache syndrome, including its associated death, as a condition that may be related to service, thus enabling affected veterans to seek the necessary support and compensation. The determination outlines specific factors that must exist to establish a reasonable hypothesis linking the condition with service, including trauma to specific head areas, alcohol dependence, treatment with certain drugs, or failure to obtain appropriate clinical management.

Scope and Application

The Statement of Principles concerning Cluster Headache Syndrome issued under the Veterans' Entitlements Act 1986 applies specifically to veterans, members of Peacekeeping Forces, or members of the Australian Defence Force who have developed cluster headache syndrome or died from it. The condition, as defined in the Statement, involves severe, unilateral headaches accompanied by specific autonomic symptoms and is coded under ICD-10-AM as G44.0. The determination recognises that there is sufficient medical-scientific evidence to link the syndrome to relevant service, with certain factors such as trauma to the forehead, temple, or eye socket, alcohol dependence, treatment with certain drugs, or inability to obtain appropriate clinical management being necessary to establish a connection between the syndrome and the service. The principles are applicable nationally as the Act is a Commonwealth statute, but the application is limited to veterans and members of the Defence Force who have contracted the condition, or died from it, in the context of their service. The Statement does not apply to headaches attributable to other conditions such as intracranial structural anomalies or systemic disease. The Act may extend or restrict application through subordinate instruments, although specifics of such extensions or restrictions are not outlined in the Statement itself.

Key Provisions

The Statement of Principles (F2008B00699) primarily addresses the recognition of cluster headache syndrome and death from cluster headache syndrome as conditions that can be related to relevant military service under the Veterans’ Entitlements Act 1986 (the Act). It defines cluster headache syndrome as a severe, unilateral headache condition with specific accompanying symptoms, using the ICD-10-AM code G44.0 (section 2). The document establishes that cluster headache syndrome and death from it can be related to service rendered by veterans, members of Peacekeeping Forces, or members of the Forces, based on sound medical-scientific evidence (section 3). To qualify for this recognition, at least one of the factors set out in the Statement must be related to the person's service (section 4). These factors include trauma to the forehead, temple, or eye socket occurring within 28 days before the onset of the condition (section 5(a)), alcohol dependence at the time of clinical worsening (section 5(b)), treatment with nitroglycerine or acetazolamide for a condition that cannot be ceased or substituted (section 5(c)), and inability to obtain appropriate clinical management (section 5(d)). These factors must be considered in the context of service unless specified otherwise (section 6). The Statement also outlines obligations and requirements for those seeking to claim benefits related to cluster headache syndrome. Claimants must provide evidence linking their condition to one or more of the specified factors (section 5) and demonstrate that the condition arose from or was aggravated by their service (section 7). If the condition existed before or during service but was not caused by it, the relevant factors must show material contribution or aggravation (section 6). If another Statement of Principles applies, its terms must also be adhered to (section 7). Offences, penalties, or consequences for breach are not explicitly stated in the Statement of Principles itself, but any misstatement or misrepresentation of facts in applications for veterans' benefits can lead to civil or criminal penalties under the Veterans' Entitlements Act 1986. Civil penalties may include fines or the requirement to repay any benefits improperly received. Criminal penalties can include fines and imprisonment, with the severity depending on the nature and extent of the offence. The Act empowers authorised officers to investigate and take action against those who wilfully provide false or misleading information in their claims.

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