Statement of Principles concerning panic disorder No. 10 of 1999

Administered by Department of Veterans' Affairs

Legislation au F2008B00694 Not in force Legislative Instrument

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Statement of Principles

concerning

PANIC DISORDER

Instrument No. 10 of 1999 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 22 October 2008 taking into account Amendment of Statement of Principles concerning PANIC DISORDER (Instrument No. 59 of 1999)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

 

Revocation and Determination

of

Statement of Principles

Concerning

 

PANIC DISORDER

 

 

ICD-9-CM CODES: 300.01, 300.21300.01, 300.21

 

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.32 of 1998; 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 panic disorderpanic disorder and death from panic disorder.

 

(b) For the purposes of this Statement of Principles, panic disorder, means a psychiatric condition characterised by the following diagnostic criteria:

 

(A) the person has experienced both:

 

(1) recurrent unexpected panic attacks; and

 

(2) (i) has experienced at least four panic attacks in four weeks, or

 

(ii) in the case of fewer panic attacks, at least one of the panic attacks has been followed by 30 days (or more) of one (or more) of the following:

(a) persistent concern about having additional panic attacks; or

(b) worry about the implications of the panic attack or its consequences; or

(c) a significant change in behaviour related to the panic attacks; where

 

(B) the panic attacks can occur in the presence or absence of agoraphobia; and

 

(C) the panic attacks are not due to the direct physiological effects of a substance or a general medical condition; and

 

(D) the panic attacks are not better accounted for by another mental disorder, such as social phobia, specific phobia, obsessive-compulsive disorder, post traumatic stress disorder, or separation anxiety disorder,

 

attracting ICD-9-CM code 300.01 or 300.21.

 

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 panic disorder and death from panic disorder 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, 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 exist before it can be said that, on the balance of probabilities, panic disorder or death from panic disorder is connected with the circumstances of a person’s relevant service are:

 

(a) experiencing a severe stressor within the two years immediately before the clinical onset of panic disorder; or

 

(b) experiencing a severe stressor within the two years immediately before the clinical worsening of panic disorder; or

 

 

(c) inability to obtain appropriate clinical management for panic disorderpanic disorder.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(b) to 5(c) apply only to material contribution to, or aggravation of, panic disorder where the person’s panic disorder 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 panic disorder” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s panic disorder;

 

“DSM-IV” means the fourth edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders;

 

“experiencing a severe stressor” means the person experienced, witnessed, or was confronted with an event or events that involved actual or threat of death or serious injury, or a threat to the person’s, or another person’s, physical integrity.

 

In the setting of service in the Defence Forces, or other service where the Veterans’ Entitlements Act applies, events that qualify as severe stressors include:

 

(i) threat of serious injury or death; or

(ii) engagement with the enemy; or

(iii) witnessing casualties or participation in or observation of casualty clearance, atrocities or abusive violence;

 

“ICD-9-CM code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

“panic attack” means a condition, as defined in DSM-IV, meeting the following criteria:

 

the person has experienced a discrete period of intense fear or discomfort, in which four (or more) of the following symptoms developed abruptly and reached a peak within 10 minutes:

 

(1)         palpitations, pounding heart, or accelerated heart rate; or

(2)         sweating; or

(3)         trembling or shaking; or

(4)         sensations of shortness of breath or smothering; or

(5)         feeling of choking; or

(6)         chest pain or discomfort; or

(7)         nausea or abdominal distress; or

(8)         feeling dizzy, unsteady, light headed or faint; or

(9)         derealisation (feelings of unreality) or depersonalisation (being detached from oneself); or

(10)     fear of losing control or going crazy; or

(11)     fear of dying; or

(12)     paresthesias (numbness or tingling sensations); or

(13)     chills or hot flushes;

 

“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.


Notes to Statement of Principles concerning panic disorder (Instrument No. 10 of 1999)

The Statement of Principles concerning panic disorder (Instrument No. 10 of 1999) in force under section 196B(3) of the Veterans’ Entitlements Act 1986, as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Statement of Principles concerning panic disorder  (Instrument No. 10 of 1999)

27 January 1999

(see Gazette 1999, No. GN4)

27 January 1999

 

 

Amendment of Statement of Principles concerning panic disorder (Instrument No. 59 of 1999)

30 June 1999

(see Gazette 1999, No. GN26)

30 June 1999

 

 


Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Clause 8– ‘experiencing a severe stressor’ 

rs. Instrument  No. 59 of 1999

 

Overview

The Statement of Principles concerning PANIC DISORDER (Instrument No. 10 of 1999) was enacted under section 196B(3) of the Veterans’ Entitlements Act 1986, addressing the issue of panic disorder and its connection to relevant military service. The Repatriation Medical Authority, established under the Act, revoked the previous Instrument No. 32 of 1998 and introduced this Statement of Principles to clarify the conditions under which panic disorder can be considered related to service. The policy objective is to ensure that veterans who have developed panic disorder or experienced its exacerbation as a result of their service can receive appropriate recognition and support. This legislation aims to provide a framework for the assessment of panic disorder in veterans, ensuring that the condition is appropriately linked to their military service and that veterans receive the benefits they are entitled to under the Act.

Scope and Application

The Statement of Principles concerning PANIC DISORDER, Instrument No. 10 of 1999 as amended, made under section 196B(3) of the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Force who have served in relevant service, which includes eligible war service and defence service, other than operational and hazardous service. This legislative instrument addresses the recognition of panic disorder and death from panic disorder as conditions that may be related to service, providing criteria and factors for determining such a connection. Notably, the Statement of Principles stipulates that panic disorder or death from panic disorder can be related to relevant service if certain factors, such as experiencing a severe stressor within two years before the clinical onset or worsening of the condition, or the inability to obtain appropriate clinical management, are present and related to the service. The legislative instrument also includes definitions for key terms and outlines the process for applying these principles to relevant claims. Additionally, the Instrument allows for amendments through subordinate instruments, as evidenced by the Amendment of Statement of Principles concerning panic disorder (Instrument No. 59 of 1999), which modifies the definition of "experiencing a severe stressor."

Key Provisions

The Statement of Principles concerning Panic Disorder (Instrument No. 10 of 1999) under the Veterans’ Entitlements Act 1986 outlines the conditions under which panic disorder and death from panic disorder can be considered related to relevant service rendered by veterans or members of the Forces. This Statement of Principles revokes previous instruments and sets out the criteria for determining the relationship between panic disorder and service. Panic disorder, as defined, is a psychiatric condition characterised by recurrent unexpected panic attacks and persistent concern about additional attacks or their consequences. The Repatriation Medical Authority has determined that it is more probable than not that panic disorder and death from panic disorder can be related to relevant service. The primary factors that must be related to service include experiencing a severe stressor within two years before the clinical onset or worsening of panic disorder, or an inability to obtain appropriate clinical management for the condition. The Statement of Principles imposes specific obligations on veterans and the Repatriation Medical Authority. For veterans seeking to claim benefits related to panic disorder, they must provide evidence that at least one of the specified factors applies. This includes demonstrating that they experienced a severe stressor within the stipulated timeframe or faced difficulties in obtaining appropriate clinical management. The Repatriation Medical Authority, on its part, is responsible for assessing the provided evidence and determining whether the criteria set out in the Statement of Principles are met. This involves a thorough review of the veteran's medical history, service records, and any other relevant documentation. The Statement of Principles also outlines the potential consequences for non-compliance or misrepresentation of facts. While the primary focus is on the medical and service-related criteria, any intentional omission or falsification of information could have serious repercussions. Although the Statement of Principles itself does not explicitly detail criminal or civil penalties, breaches of the Veterans’ Entitlements Act 1986, under which these principles operate, could lead to legal consequences. These may include fines and imprisonment for providing false or misleading information in applications for benefits, underscoring the importance of accuracy and honesty in the claims process.

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