Instrument No.24 of 1995
Statement of Principles
concerning
TRIGEMINAL NEURALGIA
(TIC DOULOUREUX)
ICD CODE: 350.1
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being of the view that, on the sound medical-scientific evidence available to the Repatriation Medical Authority, it is more probable than not that trigeminal neuralgia and death from trigeminal neuralgia can be related to eligible war service (other than operational service) rendered by veterans and defence service (other than hazardous service) rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(3) of the Veterans’ Entitlements Act 1986, that the factors that must exist before it can be said that, on the balance of probabilities, trigeminal neuralgia or death from trigeminal neuralgia is connected with the circumstances of that service, are:
(a) suffering multiple sclerosis before the clinical onset of trigeminal neuralgia; or
(b) suffering tumors affecting the trigeminal nerve before the clinical onset of trigeminal neuralgia; or
(c) suffering vascular anomalies affecting the trigeminal nerve before the clinical onset of trigeminal neuralgia; or
(d) suffering Paget's disease of the skull before the clinical onset of trigeminal neuralgia; or
(e) inability to obtain appropriate clinical management for trigeminal neuralgia.
2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(e) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(e) applies only where:
(a) the person’s trigeminal neuralgia was contracted prior to a period, or part of a period, of service to which the factor is related; and
(b) the relationship suggested between the trigeminal neuralgia and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act.
4. For the purposes of this Statement of Principles:
“ICD code” means a number assigned to a particular kind of injury or disease in the tenth edition of the International Classification of Diseases 9th Revision, effective date of 1 October 1993, copyrighted by the US Commission on Professional and Hospital Activities, and having the Library of Congress number 77-94472;
“multiple sclerosis” means a demyelinating disorder in which there is focal destruction of myelin sheaths in the central nervous system accompanied by an inflammatory response, attracting ICD code 340;
“Paget's disease” means a disease in which there is simultaneous osseous hyperplasia and accelerated deossification, attracting ICD code 731.0;
“trigeminal neuralgia” (also known as Tic Douloureux) means a disorder involving the trigeminal nerve, which causes recurrent attacks of excruciating pain lasting from seconds to several minutes, attracting ICD code 350.1;
"tumour" means an abnormal growth, and includes benign and malignant lesions.
Dated this Twelfth day of January 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Statement of Principles concerning Trigeminal Neuralgia (Tic Douloureux) issued under the Veterans’ Entitlements Act 1986 aims to address the potential link between this debilitating condition and service rendered by veterans and members of the Forces. Enacted in 1995, the legislation seeks to provide clarity and establish criteria for determining the service-connected nature of trigeminal neuralgia or death from this condition. The Repatriation Medical Authority, recognising the medical-scientific evidence available at the time, determined that specific factors must exist to establish a connection with service. These factors include the presence of multiple sclerosis, tumors, vascular anomalies, Paget's disease, or the inability to obtain appropriate clinical management for trigeminal neuralgia prior to or during the service period. The overarching policy objective is to ensure that veterans and members of the Forces who suffer from trigeminal neuralgia, under certain conditions, can access the necessary entitlements and support.
Scope and Application
The Statement of Principles concerning Trigeminal Neuralgia (Tic Douloureux) under the Veterans’ Entitlements Act 1986 applies to veterans and members of the Australian Defence Forces who have developed trigeminal neuralgia, or died from it, potentially related to their service. This legislation aims to ascertain the connection between the condition and specific circumstances of their service, particularly when certain pre-existing conditions or lack of appropriate clinical management are present. The principles set forth in this legislative instrument are applicable nationally, given that the Veterans’ Entitlements Act operates under Commonwealth jurisdiction. The determination of eligibility is based on the presence of one or more specified factors, such as suffering from multiple sclerosis, tumors, vascular anomalies, or Paget's disease before the onset of trigeminal neuralgia, or the inability to obtain appropriate clinical management. The instrument provides detailed definitions for terms such as "multiple sclerosis," "Paget's disease," and "tumour," ensuring clarity in application. This legislative framework allows for the expansion or restriction of application through subordinate instruments, ensuring that the principles can be adapted as necessary.
Key Provisions
The legislative instrument primarily sets out the Statement of Principles concerning trigeminal neuralgia (Tic Douloureux) in relation to veterans and members of the Forces under the Veterans' Entitlements Act 1986 (the Act). The key provisions, found in clause 1, establish that trigeminal neuralgia or death from trigeminal neuralgia can be considered related to war service or defence service if certain factors are present. These factors include suffering from multiple sclerosis, tumors, vascular anomalies, or Paget's disease of the skull before the onset of trigeminal neuralgia, or being unable to obtain appropriate clinical management for the condition. At least one of these factors must be linked to the service rendered by the person in question, according to clause 2. Clause 3 further specifies that the inability to obtain appropriate clinical management (factor (e)) applies only if the trigeminal neuralgia was contracted before a period or part of a service to which the factor is related, and if the relationship between the trigeminal neuralgia and the service is specified in particular sections of the Act.
The obligations imposed by the Act on veterans and members of the Forces who seek to claim entitlement related to trigeminal neuralgia involve demonstrating a connection between the condition and their service through one of the specified factors. This means that claimants must provide evidence or medical records showing that they suffered from one of the conditions listed in clause 1 before the onset of trigeminal neuralgia or were unable to obtain appropriate clinical management. The Repatriation Medical Authority will then assess this evidence to determine if the condition can be related to their service under the Act.
Should there be any breach of the requirements or misrepresentation of facts in the claim process, the legislation does not explicitly state penalties or consequences. However, given the nature of the claims process under the Act, any fraudulent claims or false statements could potentially lead to civil or criminal consequences, such as fines or imprisonment, as per other provisions of the Act. The severity of such penalties would depend on the specific circumstances of the breach and the legal proceedings that follow.