Instrument No.77 of 2001
Revocation and Determination
of
Statement of Principles
concerning
MENIERE’S DISEASE
ICD-10-AM CODE: H81.0
Veterans’ Entitlements Act 1986
1. The Repatriation Medical Authority under subsection 196B(2) of the Veterans’ Entitlements Act 1986 (the Act):
(a) revokes Instrument No.27 of 1997; 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 Meniere’s disease and death from Meniere’s disease.
(b) For the purposes of this Statement of Principles, “Meniere’s disease” means a clinical condition characterised by recurrent attacks of episodic vertigo, fluctuating sensorineural hearing loss and tinnitus, often associated with nausea and vomiting and a sense of fullness in the involved ear, attracting ICD-10-AM code H81.0. This definition includes the conditions known as endolymphatic hydrops, delayed endolymphatic hydrops, Meniere’s syndrome and Lermoyez’s syndrome. Labyrinthitis, vertigo of central origin and other unspecified vertiginous syndromes are excluded from this definition.
Basis for determining the factors
3. After examining the available sound medical-scientific evidence the Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that the only factor that may be related to the cause of or material contribution to or aggravation of Meniere’s disease or death from Meniere’s disease and which can be related to relevant service is that set out in clause 4.
Factors that must be related to service
4. The factor that must as a minimum exist in relation to the circumstances of a person’s relevant service causing or materially contributing to or aggravating Meniere’s disease or death from Meniere’s disease is inability to obtain appropriate clinical management for Meniere’s disease.
Inclusion of Statements of Principles
5. 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
6. For the purposes of this Statement of Principles:
“death from Meniere’s disease” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s Meniere’s disease;
“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), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 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.
Application
7. This Instrument applies to all matters to which section 120A of the Act applied.
Dated this Twelfth day of September 2001
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 was enacted to provide a range of benefits and services to Australian veterans, their partners, and dependents. This legislation was introduced to address the gaps in support for veterans, ensuring they receive appropriate recognition and assistance for service-related injuries, diseases, and deaths. The Act is administered by the Parliament of Australia and aims to provide a comprehensive framework for the entitlement of benefits to veterans and their families.
In 2001, the Repatriation Medical Authority, under the authority granted by the Veterans’ Entitlements Act 1986, issued Instrument No.77, which revoked the previous Instrument No.27 of 1997 and established a new Statement of Principles concerning Meniere’s Disease, including death from Meniere’s disease. The policy objective of this Statement of Principles was to clarify the medical conditions related to Meniere’s disease, ensuring that veterans who experienced this condition as a result of their service receive appropriate recognition and benefits. This instrument specifically addresses the inability to obtain appropriate clinical management for Meniere’s disease as a factor related to service.
Scope and Application
The legislative instrument revokes a previous statement of principles concerning Meniere’s disease under the Veterans’ Entitlements Act 1986 and establishes a new Statement of Principles to address the clinical condition specifically. This instrument applies to all matters to which section 120A of the Act applied, meaning it pertains to veterans who are seeking compensation or benefits related to Meniere’s disease. The new Statement of Principles outlines that Meniere’s disease, defined as a condition characterised by episodic vertigo, fluctuating sensorineural hearing loss, and tinnitus, attracts ICD-10-AM code H81.0. The instrument clarifies that the disease includes specific conditions such as endolymphatic hydrops but excludes labyrinthitis, vertigo of central origin, and other unspecified vertiginous syndromes. The instrument specifies that the only factor that may be related to the cause of or material contribution to Meniere’s disease, which can be linked to relevant service, is the inability to obtain appropriate clinical management for the disease during service. This legislative instrument ensures that veterans who developed Meniere’s disease due to the lack of appropriate clinical management during their service can seek benefits under the Act.
Key Provisions
The legislative instrument (F2006B00454) primarily concerns the revocation of a previous instrument (Instrument No. 27 of 1997) and the determination of a new Statement of Principles regarding Meniere's disease and death from Meniere's disease under the Veterans’ Entitlements Act 1986 (section 1). This Statement of Principles, as defined in section 2, applies to Meniere’s disease, a clinical condition with specific symptoms and ICD-10-AM code H81.0, and excludes other conditions such as labyrinthitis and vertigo of central origin. The Repatriation Medical Authority has determined, based on medical-scientific evidence, that the only service-related factor that may contribute to or aggravate Meniere’s disease or death from it is the inability to obtain appropriate clinical management (section 4). This Statement of Principles also incorporates other related Statements of Principles if applicable (section 5). The instrument provides specific definitions for terms such as “death from Meniere’s disease,” “ICD-10-AM code,” “relevant service,” and “terminal event” (section 6).
Under this legislative instrument, the Repatriation Medical Authority is tasked with the responsibility of ensuring that the new Statement of Principles is applied to all relevant matters as defined under section 120A of the Veterans’ Entitlements Act 1986 (section 7). This includes ensuring that the criteria for determining service-related factors for Meniere’s disease are met and that the appropriate clinical management factor is considered in the context of the veteran's service. The Authority must also ensure that any related Statements of Principles are correctly incorporated.
There are no explicit offences, penalties, or consequences outlined for breach of this legislative instrument. However, the implications of not adhering to the determined Statement of Principles could affect the eligibility of veterans for certain entitlements under the Veterans’ Entitlements Act 1986. Failure to correctly apply the provisions could result in disputes over the service-relatedness of Meniere’s disease, potentially leading to challenges in the claims process and affecting the timely and fair adjudication of veterans’ benefits. The instrument’s primary focus is on the accurate and consistent application of the legislative framework to ensure that affected veterans receive appropriate consideration for their conditions.