Statement of Principles concerning migraine No. 75 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2008B00679 Not in force Legislative Instrument

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Instrument No.75 of 1999

 

Revocation and Determination

of

Statement of Principles

concerning

MIGRAINE

ICD-10-AM code: G43

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.4 of 1996; 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 migraine and death from migraine.

 

(b) For the purposes of this Statement of Principles, “migraine” means a neurovascular condition in which there are periodic attacks, lasting 4 to 72 hours, of a symptom complex typically consisting of headache that is pulsatile and aggravated by physical activity, accompanied by nausea, photophobia and phonophobia, and which symptom complex may be preceded by a prodrome of neurological symptoms comprising visual disturbances, sensory disturbances, motor weakness or aphasia, attracting ICD-10-AM code G43.  This definition excludes cluster headache, tension-type headache and headache attributable to intracranial structural anomalies or systemic disease.

 

Basis for determining the factors

3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that migraine and death from migraine can be related to relevant service rendered by veterans or members of the Forces.

 

Factors that must be related to service

4. Subject to clause 6, the factor set out in clause 5 must be related to any relevant service rendered by the person.

 

Factors

5. The factor that must exist before it can be said that, on the balance of probabilities, migraine or death from migraine is connected with the circumstances of a person’s relevant service is:

 

(a) inability to obtain appropriate clinical management for migraine.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(a) applies only to material contribution to, or aggravation of, migraine where the person’s migraine was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(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:

 

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

 

“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) 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

9. This Instrument applies to all matters to which section 120B of the Act applies.

 

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 Revocation and Determination of Statement of Principles concerning Migraine ICD-10-AM code: G43, issued in 1999 under the Veterans’ Entitlements Act 1986, addresses the issue of migraines in veterans by revoking the previous Statement of Principles (Instrument No.4 of 1996) and establishing new criteria for determining the connection between migraines, death from migraines, and relevant military service. This legislative instrument was enacted by the Repatriation Medical Authority, which is mandated under subsection 196B(3) of the Act. The policy objective is to provide sound medical-scientific evidence for linking migraines and death from migraines to military service, particularly in cases where veterans were unable to obtain appropriate clinical management for their condition. This new Statement of Principles aims to ensure that veterans who suffer from migraines or have died from migraine-related conditions receive the necessary recognition and benefits under the Act.

Scope and Application

This legislative instrument, numbered 75 of 1999, operates under the Veterans’ Entitlements Act 1986, focusing on the revocation and determination of a Statement of Principles concerning migraines. The legislation applies to veterans and members of the Australian Defence Force who have rendered relevant service, defined as eligible war service or defence service. It aims to address claims related to migraines and death from migraine, with specific emphasis on those who were unable to obtain appropriate clinical management for their condition. This instrument revokes the previous Instrument No.4 of 1996 and replaces it with the current Statement of Principles, which applies to all matters governed by section 120B of the Act. The instrument's scope excludes cluster headaches, tension-type headaches, and headaches attributable to intracranial structural anomalies or systemic disease, thereby narrowing the conditions covered under this legislative framework.

Key Provisions

The legislation, Instrument No.75 of 1999, under the Veterans’ Entitlements Act 1986, revokes the previous Instrument No.4 of 1996 and establishes a new Statement of Principles concerning migraine and death from migraine (section 1). Specifically, this Statement of Principles defines migraine as a neurovascular condition with distinct symptoms, excluding other types of headaches such as cluster headache, tension-type headache, and headaches attributable to intracranial structural anomalies or systemic disease (section 2). The Repatriation Medical Authority has concluded that there is a probable connection between migraine and death from migraine and the service rendered by veterans or members of the Forces, based on available medical-scientific evidence (section 3). The Act imposes several obligations on parties it governs. Firstly, any factor related to migraine or death from migraine must be connected to the person's relevant service, which includes eligible war service or defence service (section 5). Specifically, the inability to obtain appropriate clinical management for migraine is identified as a key factor that must exist for a connection to be established (section 5(a)). Furthermore, if a relevant factor includes an injury or disease for which there is an existing Statement of Principles, the factors in that Statement must apply (section 7). The legislation also provides definitions for terms such as "death from migraine," "ICD-10-AM code," "relevant service," and "terminal event" to ensure clarity and uniformity in application (section 8). There are no explicit offences, penalties, or civil/criminal consequences stated within this particular legislative instrument for breach of its provisions. However, the determination of the Statement of Principles by the Repatriation Medical Authority is a critical part of the administrative process for veterans seeking entitlements related to their service-connected conditions. Failure to comply with the provisions of the Veterans’ Entitlements Act 1986 or the determinations made by the Repatriation Medical Authority could potentially lead to disputes or challenges in the entitlement process, but such consequences would be governed by the broader legal framework rather than this specific legislative instrument.

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