Statement of Principles concerning spasmodic torticollis No. 34 of 1997

Overview

The Statement of Principles concerning Spasmodic Torticollis ICD Code: 333.83 was enacted under the Veterans’ Entitlements Act 1986. This legislative instrument, issued in 1997 by the Repatriation Medical Authority, addresses the issue of spasmodic torticollis, a chronic focal dystonia marked by involuntary neck muscle contractions, and death resulting from this condition, among veterans and members of the Australian Defence Forces. This Statement of Principles was developed to provide clarity on the circumstances under which spasmodic torticollis may be considered related to service, thereby facilitating the assessment of entitlements for affected veterans. The policy objective is to ensure that veterans who have been unable to obtain appropriate clinical management for spasmodic torticollis, and who have served in eligible war or defence service, can access the necessary support and benefits.

Scope and Application

This legislative instrument, designated as Instrument No. 34 of 1997, constitutes a Statement of Principles determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986. It specifically addresses spasmodic torticollis, a chronic focal dystonia characterised by involuntary neck muscle contractions, and its association with death. The instrument applies to veterans and members of the Australian Defence Force who have rendered relevant service, which is defined as eligible war service or defence service, excluding operational and hazardous service respectively. The determination is based on the likelihood that spasmodic torticollis and related death can be connected to the service provided by these individuals. Notably, the diagnosis of spasmodic torticollis must exclude other potential causes of dystonia such as generalised or hemi-dystonia, neurological disorders, structural brain or cervical cord lesions, local cervical region lesions, drug-induced tardive dystonia, or acute post-traumatic dystonia. This Statement of Principles does not extend to cases where spasmodic torticollis arose out of the relevant service but applies where the condition was contracted before or during service, with the inability to obtain appropriate clinical management being a critical factor in establishing a service connection.

Key Provisions

This Statement of Principles, determined under section 196B(3) of the Veterans’ Entitlements Act 1986, pertains specifically to spasmodic torticollis and death from spasmodic torticollis, with ICD code 333.83 (section 2). Spasmodic torticollis is defined as an acquired chronic focal dystonia characterised by involuntary neck muscle contractions causing repetitive head movements or abnormal postures, excluding conditions such as generalised or hemi-dystonia, neurological disorders, structural brain or cervical cord lesions, local cervical region lesions, drug-induced tardive dystonia, or acute post-traumatic dystonia (section 2(b)). It is acknowledged that some patients with spasmodic torticollis may also experience other dystonias or benign tremors (section 2(b)). The Repatriation Medical Authority has determined, based on available medical-scientific evidence, that there is a probable connection between spasmodic torticollis or death from spasmodic torticollis and relevant service rendered by veterans or members of the Forces (section 3). The Statement of Principles specifies that any factor relating to spasmodic torticollis or death from spasmodic torticollis must be associated with the person’s relevant service (section 4). For the condition or death to be connected with the person’s relevant service, there must be an inability to obtain appropriate clinical management for spasmodic torticollis (section 5(a)). This factor applies specifically to material contribution to or aggravation of the condition if the person’s spasmodic torticollis was suffered or contracted before or during, but not arising out of, the relevant service (section 6). The definitions provided clarify terms such as "ICD code" and "relevant service," which includes eligible war service (excluding operational service) and defence service (excluding hazardous service) (section 7). There are no explicit offences or penalties outlined in this Statement of Principles. However, the implications of non-compliance with the criteria for claiming entitlements under the Veterans’ Entitlements Act 1986 could result in the denial of benefits to eligible veterans or members of the Forces. The determination of these factors is crucial for the assessment of claims related to spasmodic torticollis or death from spasmodic torticollis, ensuring that appropriate clinical management and related service considerations are accurately addressed.