Instrument No.78 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(3) of the Veterans’ Entitlements Act 1986 (the Act):
(a) revokes Instrument No.28 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 it is more probable than not on the sound medical-scientific evidence available, that the only factor that can 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 exist before it can be said that, on the balance of probabilities, 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) eligible war service (other than operational service); or
(b) defence service (other than 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 120B of the Act applies.
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 Instrument No.78 of 2001, issued under the Veterans’ Entitlements Act 1986, aims to address the need for updated and precise medical guidelines concerning Meniere’s disease for the purposes of veterans’ entitlements. This legislative instrument revokes the previous Instrument No.28 of 1997 and introduces a new Statement of Principles to clarify the specific conditions and factors related to Meniere’s disease that can be considered in the context of veterans’ health claims. The Repatriation Medical Authority, acting under the authority granted by the Act, has determined that the primary factor related to service that can contribute to or aggravate Meniere’s disease is the inability to obtain appropriate clinical management for the condition. This policy objective seeks to ensure that veterans who suffer from Meniere’s disease, and its associated complications, receive appropriate recognition and entitlements based on sound medical-scientific evidence.
Scope and Application
This legislative instrument operates under the purview of the Veterans’ Entitlements Act 1986, specifically addressing the revocation and determination of the Statement of Principles concerning Meniere’s disease, including death attributable to this condition. The instrument applies to all matters governed by section 120B of the Act, effectively encompassing veterans and their dependents who are eligible for benefits and services provided by the Commonwealth under the Act. The instrument delineates Meniere’s disease as a clinical condition marked by recurrent vertigo, sensorineural hearing loss, and tinnitus, among other symptoms, and specifies that certain factors related to service, such as the inability to obtain appropriate clinical management, can contribute to the disease or its aggravation. Notably, this legislative instrument excludes conditions such as labyrinthitis and vertigo of central origin from its definition of Meniere’s disease. The instrument also incorporates other Statements of Principles when relevant factors are present, thereby ensuring a comprehensive approach to the medical evaluation and benefits determination for affected veterans. The instrument’s scope is thus tightly focused on the medical and administrative processes surrounding the recognition and compensation of Meniere’s disease within the veteran community.
Key Provisions
This legislative instrument, numbered 78 of 2001, primarily concerns the revocation of an earlier instrument, No.28 of 1997, and the determination of a new Statement of Principles regarding Meniere's disease and death resulting from Meniere's disease under the Veterans' Entitlements Act 1986 (section 1). The Repatriation Medical Authority, pursuant to section 196B(3) of the Act, revokes the previous instrument and establishes a new Statement of Principles (section 1(a) and (b)). This new Statement defines Meniere's disease as a clinical condition characterised by recurrent episodic vertigo, fluctuating sensorineural hearing loss, and tinnitus, among other symptoms, and specifies that it includes certain related conditions while excluding others such as labyrinthitis and vertigo of central origin (section 2). The instrument further identifies the factor that must exist for Meniere's disease or death from Meniere's disease to be related to relevant service, which is the inability to obtain appropriate clinical management for Meniere's disease (section 4).
The obligations and requirements imposed by this Act are primarily on the Repatriation Medical Authority. They are tasked with examining the available sound medical-scientific evidence to determine the factors related to the cause of or material contribution to or aggravation of Meniere's disease or death from Meniere's disease (section 3). The instrument specifies that if a relevant factor applies and that factor includes an injury or disease for which there is an existing Statement of Principles, then the factors in that last-mentioned Statement of Principles must apply (section 5). Additionally, the instrument provides definitions for terms such as "death from Meniere’s disease," "ICD-10-AM code," "relevant service," and "terminal event" to ensure clarity and consistency in the application of the principles (section 6).
There are no specific offences, penalties, or civil/criminal consequences mentioned in this instrument regarding breaches of the provisions. The primary focus of the instrument is on the determination and application of the Statement of Principles concerning Meniere's disease and related deaths, ensuring that appropriate clinical management is acknowledged as a relevant factor. The instrument applies to all matters to which section 120B of the Veterans’ Entitlements Act 1986 applies, thus affecting the process of determining veterans' entitlements related to Meniere's disease (section 7).