Statement of Principles concerning otitis media No. 1 of 2003

Administered by Department of Veterans' Affairs

Legislation au F2005B02129 Not in force Legislative Instrument

Legislation content

Instrument No.1 of 2003

 

Determination

of

Statement of Principles

concerning

OTITIS MEDIA

 

ICD-10-AM CODES: H65, H66, H67

 

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 otitis media and death from otitis media.

 

(b)              For the purposes of this Statement of Principles “otitis media” means an inflammatory process within the middle ear.  This definition of otitis media excludes cholesteatoma of middle ear or isolated perforation of tympanic membrane.  Otitis media attracts ICD-10-AM code H65, H66 or H67.

 

Basis for determining the factors

3. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that otitis media and death from otitis media 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 otitis media or death from otitis media with the circumstances of a person’s relevant service are:

 

(a)               suffering from a viral upper respiratory tract infection within the 21 days immediately before the clinical onset of otitis media; or

 

(b)              suffering from partial or complete obstruction of the eustachian tube of the affected side within the seven days immediately before the clinical onset of otitis media; or

 

(c)               suffering from allergic rhinitis within the seven days immediately before the clinical onset of otitis media; or

 

(d)              suffering from malignant neoplasm of the nasopharynx at the time of the clinical onset of otitis media; or

 

(e)               undergoing a course of therapeutic radiation involving the temporal bone of the affected side within the three years immediately before the clinical onset of otitis media; or

 

(f)                suffering from rupture of the tympanic membrane of the affected side within the seven days immediately before the clinical onset of otitis media; or

 

(g)              suffering from otitic barotrauma within the seven days immediately before the clinical onset of otitis media; or

 

(h)              suffering from tuberculosis at the time of the clinical onset of otitis media; or

 

(i)                suffering from a viral upper respiratory tract infection within the 21 days immediately before the clinical worsening of otitis media; or

 

(j)                suffering from partial or complete obstruction of the eustachian tube of the affected side within the seven days immediately before the clinical worsening of otitis media; or

 

(k)              suffering from allergic rhinitis within the seven days immediately before the clinical worsening of otitis media; or

 

(l)                suffering from rupture of the tympanic membrane of the affected side within the seven days immediately before the clinical worsening of otitis media; or


(m)            suffering from otitic barotrauma within the seven days immediately before the clinical worsening of otitis media; or

 

(n)              inability to obtain appropriate clinical management for otitis media.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(i) to 5(n) apply only to material contribution to, or aggravation of, otitis media where the person’s otitis media 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:

 

“a course of therapeutic radiation” means one or more fractions (treatment portions) of ionising radiation administered with the aim of achieving palliation or cure with gamma rays, x-rays, alpha particles or beta particles;

 

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

 

“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), Third Edition, effective date of 1 July 2002, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 413 9.  Where in this Statement of Principles an ICD code is referenced, such reference is not to constrain or limit the proper meaning of the definition or words preceding the alphanumeric code reference;

 

“relevant service” means:

(a) operational service; or

(b) peacekeeping service; or

(c)               hazardous service;

 

“rupture of the tympanic membrane” means a full-thickness injury to the tympanic membrane caused by:

(i)                surgical procedures,

(ii)              intrusion of a foreign body such as a weapon, implement, stick, bullet or shrapnel fragment into the tympanic cavity, or

(iii)           blast injury;

 

“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.

 

 

Dated this  Ninth  day of  January              2003

 

 

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 Otitis Media ICD-10-AM Codes: H65, H66, H67 under the Veterans’ Entitlements Act 1986 was enacted in 2003 to address the need for a formal recognition of otitis media and related conditions as service-connected injuries for veterans, members of Peacekeeping Forces, and members of the Australian Defence Force. This legislative instrument was issued by the Repatriation Medical Authority, acting under subsection 196B(2) of the Act. The primary objective of this statement is to establish a clear connection between otitis media, its exacerbation, or death from otitis media and the service rendered by eligible individuals. This connection is founded on sound medical-scientific evidence, ensuring that those affected by these conditions receive appropriate recognition and support under the Act.

Scope and Application

The Statement of Principles concerning otitis media, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, applies to veterans, members of Peacekeeping Forces, and members of the Forces who have suffered from otitis media or death from otitis media. This legislative instrument specifically defines otitis media as an inflammatory process within the middle ear, excluding conditions such as cholesteatoma of the middle ear or isolated perforation of the tympanic membrane. The Act is applicable at a Commonwealth level, with the Repatriation Medical Authority assessing claims based on the outlined medical-scientific evidence linking otitis media to relevant military service. The legislation specifies factors that must be related to service, such as viral upper respiratory tract infections or partial or complete obstruction of the eustachian tube, among others, to establish a reasonable hypothesis connecting otitis media with the circumstances of the person’s relevant service. The Statement of Principles also extends to material contributions or aggravation of otitis media where the condition was present before or during service, as defined in specific sections of the Act.

Key Provisions

This legislative instrument, under the Veterans' Entitlements Act 1986, determines a Statement of Principles concerning otitis media and death from otitis media. The Statement is established by the Repatriation Medical Authority, and it specifies the factors that must be related to a person's relevant service for the purposes of linking otitis media or death from otitis media to that service (Section 1). Otitis media, defined as an inflammatory process within the middle ear, is covered by ICD-10-AM codes H65, H66, or H67, and excludes conditions like cholesteatoma or isolated perforation of the tympanic membrane (Section 2). The determination is based on sound medical-scientific evidence that suggests a connection between otitis media, death from otitis media, and the relevant service rendered by veterans, Peacekeeping Forces, or members of the Forces (Section 3). The Act imposes several obligations on the parties involved. It mandates that at least one of the specified factors must be related to the person's relevant service to establish a connection between otitis media or death from otitis media and that service (Section 4). These factors include specific medical conditions or circumstances that must have occurred within defined timeframes before the onset or worsening of otitis media (Section 5). If a relevant factor includes an injury or disease for which there is an existing Statement of Principles, then the provisions of that Statement also apply (Section 7). The definitions provided clarify terms such as "course of therapeutic radiation," "death from otitis media," "ICD-10-AM code," "relevant service," and "rupture of the tympanic membrane," ensuring that the provisions are interpreted correctly (Section 8). The legislation does not explicitly detail offences, penalties, or consequences for breaches within the Statement of Principles itself. However, the Veterans' Entitlements Act 1986 may have provisions elsewhere that address breaches or non-compliance related to veterans' entitlements. Typically, breaches of legislation governing entitlements could result in civil or administrative penalties, including fines or the withholding of benefits. The specific penalties would depend on the nature of the breach and the provisions of the broader Act. The Statement of Principles focuses primarily on establishing criteria for linking otitis media or death from otitis media to relevant service for the purposes of entitlements, rather than on penalising non-compliance.

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