Instrument No.206 of 1995
Statement of Principles
concerning
MALIGNANT NEOPLASM OF THE CEREBRAL MENINGES
ICD CODE: 192.1
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 malignant neoplasm of the cerebral meninges and death from malignant neoplasm of the cerebral meninges 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, malignant neoplasm of the cerebral meninges or death from malignant neoplasm of the cerebral meninges is connected with the circumstances of that service, are:
(a) for sarcoma of the cerebral meninges only, undergoing a course of therapeutic radiation to the head or neck before the clinical onset of malignant neoplasm of the cerebral meninges; or
(b) inability to obtain appropriate clinical management for malignant neoplasm of the cerebral meninges.
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 malignant neoplasm of the cerebral meninges developed before a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between malignant neoplasm of the cerebral meninges 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;
“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;
“malignant neoplasm of the cerebral meninges” means a malignant tumour arising from any of the cellular constituents of the cerebral meninges, which are the membranes surrounding the brain, attracting ICD code 192.1;
“sarcoma of the cerebral meninges” means a malignant sarcoma arising from the cerebral meninges;
“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 Malignant Neoplasm of the Cerebral Meninges, issued in 1995, is a legislative instrument under the Veterans' Entitlements Act 1986. This Statement was enacted to address the need for clear guidelines on the connection between malignant neoplasm of the cerebral meninges and service rendered by veterans and members of the Forces, particularly in relation to therapeutic radiation and clinical management. The Repatriation Medical Authority determined that certain factors must exist for a causal link to be established, such as undergoing a course of therapeutic radiation to the head or neck before the onset of the disease or being unable to obtain appropriate clinical management. This Statement aims to ensure that the entitlement process is based on sound medical-scientific evidence and provides a clear framework for assessing claims related to this condition.
The Repatriation Medical Authority, acting under subsection 196B(3) of the Veterans' Entitlements Act 1986, established these principles to facilitate the assessment of claims by veterans and members of the Forces who have developed malignant neoplasm of the cerebral meninges. The policy objective is to provide a fair and consistent approach to determining the eligibility of veterans for compensation and other benefits related to this condition, ensuring that the assessment is based on the most reliable medical evidence available. This Statement of Principles serves as a critical tool for the Repatriation Medical Authority in making informed decisions regarding the connection between the disease and the service rendered.
Scope and Application
The Statement of Principles concerning Malignant Neoplasm of the Cerebral Meninges, issued under subsection 196B(3) of the Veterans’ Entitlements Act 1986, outlines the criteria for determining a probable connection between malignant neoplasm of the cerebral meninges or death from this condition and service rendered by veterans or members of the Forces. Specifically, the Repatriation Medical Authority considers the condition to be related to service if the veteran or member has undergone a course of therapeutic radiation to the head or neck prior to the onset of the neoplasm, or if they were unable to obtain appropriate clinical management for the condition. The former condition applies exclusively to sarcoma of the cerebral meninges, while the latter applies only if the neoplasm developed before the relevant period of service and if the service is related to the condition in a manner specified by the Act. The legislation applies to veterans and members of the Forces who meet these criteria, establishing a link between their service and the development or management of malignant neoplasm of the cerebral meninges. The scope of this legislative instrument is further defined by the specific terms and definitions provided, ensuring clarity and consistency in its application.
Key Provisions
The Statement of Principles concerning Malignant Neoplasm of the Cerebral Meninges (F2008B00004) outlines the conditions under which such a condition can be linked to eligible war service or defence service rendered by veterans and members of the forces, respectively (1(a)-(b)). Specifically, for sarcoma of the cerebral meninges, a veteran or member must have undergone a course of therapeutic radiation to the head or neck before the onset of the condition, or they must have been unable to obtain appropriate clinical management for the condition (1(a)-(b)). The inability to obtain appropriate clinical management applies only if the condition developed before the relevant service and if the condition is related to that service in a particular way (3). Definitions of key terms are provided, including the meaning of "therapeutic radiation" and "malignant neoplasm of the cerebral meninges" (4).
The Statement imposes several obligations on the parties it governs. Firstly, the Repatriation Medical Authority must determine whether the conditions outlined in the Statement are met in individual cases. This involves assessing whether the veteran or member has undergone a course of therapeutic radiation or was unable to obtain appropriate clinical management, and whether these factors are related to the relevant service (1(a)-(b)). Secondly, the authority must ensure that the relationship between the condition and the service is one of the specified types (3). Finally, the authority must apply the definitions of key terms provided in the Statement when making its determinations (4).
Breach of the obligations outlined in the Statement may result in civil or criminal consequences. For example, if the Repatriation Medical Authority fails to properly apply the conditions outlined in the Statement when determining whether a veteran or member is entitled to benefits, it may be subject to legal action by the affected party. Similarly, if a member of the forces or veteran provides false or misleading information in order to obtain benefits, they may be subject to criminal prosecution. The maximum penalties for such offences are not specified in the Statement, but may include fines and imprisonment.