Statement of Principles concerning trigeminal neuropathy No. 81 of 1995

Administered by Department of Veterans' Affairs

Legislation au F2005B03741 Not in force Legislative Instrument

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Statement of Principles

concerning

TRIGEMINAL NEUROPATHY

Instrument No. 81 of 1995 as amended

made under section 196B(2) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 26 October 2005
taking into account Amendment of Statement of Principles concerning TRIGEMINAL NEUROPATHY (Instrument No. 11 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

Statement of Principles

concerning

TRIGEMINAL NEUROPATHY

ICD CODE: 350.8

Veterans’ Entitlements Act 1986
subsection 196B(2)

1. Being of the view that there is sound medical-scientific evidence that indicates that trigeminal neuropathy and death from trigeminal neuropathy can be related to operational service rendered by veterans, peacekeeping service rendered by members of Peacekeeping forces and hazardous service rendered by members of the Forces, the Repatriation Medical Authority determines, under subsection 196B(2) of the Veterans’ Entitlements Act 1986, that the factors that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting trigeminal neuropathy or death from trigeminal neuropathy with the circumstances of that service, are:

 

(a) suffering multiple sclerosis before the clinical onset of trigeminal neuropathy; or

 

(b) suffering a tumour within the region of the trigeminal nerve before the clinical onset of trigeminal neuropathy; or

 

(c) suffering a vascular anomaly within the region of the trigeminal nerve before the clinical onset of trigeminal neuropathy; or

 

(d) suffering from a surgical complication within the region of the trigeminal nerve before the clinical onset of trigeminal neuropathy; or

 

(e) suffering trauma within the region of the trigeminal nerve before the clinical onset of trigeminal neuropathy; or

 

(f) being treated with hydroxystilbamidine isethionate within the 6 months before the clinical onset of trigeminal neuropathy; or

 

(g) suffering connective tissue diseases before the clinical onset of trigeminal neuropathy; or

 

(h) suffering Paget's disease of the skull before the clinical onset of trigeminal neuropathy; or

 

(j) suffering cerebral malaria before the clinical onset of trigeminal neuropathy; or

 

(k) suffering sarcoidosis before the clinical onset of trigeminal neuropathy; or

 

(m) suffering neuro-syphilis before the clinical onset of trigeminal neuropathy; or

 

(n) suffering arachnoiditis before the clinical onset of trigeminal neuropathy; or

 

(o) suffering diabetes mellitus before the clinical onset of trigeminal neuropathy; or

 

(p) inability to obtain appropriate clinical management for the trigeminal neuropathy.

 

2. Subject to clause 3 (below) at least one of the factors set out in paragraphs 1(a) to 1(p) must be related to any service rendered by a person.

 

3. The factor set out in paragraph 1(p) applies only where:

 

(a) the person’s trigeminal neuropathy 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 neuropathy and the particular service of a person is a relationship set out in paragraph 8(1)(e), 9(1)(e), 70(5)(d), or 70(5A)(d) of the act.

 

4. For the purposes of this Statement of Principles:

 

“arachnoiditis” means inflammation, scarring, or fibrous thickening of the arachnoid membrane that is capable of compressing nerve roots, attracting  ICD codes  320, 321 or 322;

 

“cerebral malaria” means a complication of falciparum malaria mainly involving the brain, attracting ICD code 084.9;

 

“connective tissue diseases” means abnormal conditions of tissues such as skin, cartilage, bone and blood vessels which are composed of macromolecules which include collagen, elastin and fibrillin, including scleroderma (ICD code 710.1), Sjogren's syndrome (ICD code 710.2), systemic lupus erythmatosus (ICD code 710.0), dermatomyositis (ICD code 710.3) and mixed connective tissue disease (ICD code 710.8);

 

“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 an ICD code of 340;

 

“neuro-syphilis” means the central nervous system manifestations of syphilis, an infection caused by the organism Treponema pallidum, attracting ICD code 094;

 

“Paget's disease” means a disease in which there is simultaneous osseous hyperplasia and accelerated deossification, attracting ICD code 731.0;

 

“sarcoidosis” means a chronic, multisystem disorder of unknown cause characterised by an accumulation of T Lymphocytes and mononuclear phagocytes, noncaseating epithelioid granulomas, and derangements of the normal tissue architecture in affected organs, attracting an ICD code of 135;

 

“trigeminal neuropathy” means a syndrome in which there is a disorder of sensation confined to the distribution of the fifth cranial nerve, attracting an ICD code 350.8;

 

“tumour” means an abnormal growth, and includes benign and malignant lesions.

 


Notes to Statement of Principles concerning trigeminal neuropathy (Instrument No. 81 of 1995)

The Statement of Principles concerning trigeminal neuropathy (Instrument No. 81 of 1995) in force under section 196B(2) 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 trigeminal neuropathy (Instrument No. 81 of 1995)

01 March 1995

(see Gazette 1995, No. GN08)

01 March 1995

 

Amendment of Statement of Principles concerning trigeminal neuropathy (Instrument No. 11 of 2002)

16 January 2002

(see Gazette 2002, No. GN2)

16 January 2002

 


Table of Amendments

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

Provision affected

How affected

Clause 4 – ‘diabetes mellitus’ 

rep. Instrument  No.11 of 2002

 

Overview

The Statement of Principles concerning Trigeminal Neuropathy Instrument No. 81 of 1995 was made under section 196B(2) of the Veterans’ Entitlements Act 1986. This legislative instrument was introduced to provide a framework for veterans, peacekeeping forces, and members of the Forces who have developed trigeminal neuropathy as a result of their service to access appropriate compensation and support. The Repatriation Medical Authority, acting under the authority granted by the Act, determined that there is sufficient medical-scientific evidence linking trigeminal neuropathy to various service-related factors, including specific diseases, trauma, or treatment modalities. The primary policy objective of this instrument is to ensure that veterans who have developed trigeminal neuropathy due to their service can establish a connection between their condition and their service to access the entitlements they are owed. This Statement of Principles outlines the specific factors that must exist for a reasonable hypothesis to be raised connecting trigeminal neuropathy or death from trigeminal neuropathy with the circumstances of the service rendered. The factors include pre-existing medical conditions, trauma, or treatment that occurred before the onset of trigeminal neuropathy, or the inability to obtain appropriate clinical management. This legislative instrument aims to facilitate the recognition and compensation of veterans suffering from trigeminal neuropathy by providing a clear and structured approach to establishing the necessary connections between their service and their condition.

Scope and Application

The Statement of Principles concerning Trigeminal Neuropathy (Instrument No. 81 of 1995) applies to veterans and members of peacekeeping forces who have developed trigeminal neuropathy, or died from it, potentially related to their service. This legislative instrument is made under section 196B(2) of the Veterans’ Entitlements Act 1986 and is administered by the Repatriation Medical Authority. It specifies the conditions under which a reasonable hypothesis can be raised that trigeminal neuropathy or death from the condition is connected to service circumstances, including operational, peacekeeping, or hazardous service. The instrument outlines various medical conditions and treatments that, if present prior to the onset of trigeminal neuropathy, can link the condition to the service rendered. The principles set out in this statement are applicable nationally, as they fall under the Commonwealth legislation. The Statement of Principles is subject to amendments, such as the one made in 2002, which can alter the specific conditions or criteria that must be met for a connection to be established between the service and the condition.

Key Provisions

The Statement of Principles concerning Trigeminal Neuropathy (Instrument No. 81 of 1995) under the Veterans' Entitlements Act 1986, as amended, sets forth the criteria that must be met to establish a connection between trigeminal neuropathy or death from trigeminal neuropathy and the service rendered by veterans, peacekeeping forces, or hazardous service members. Section 1 of the Statement outlines the factors that must exist to raise a reasonable hypothesis of such a connection. This includes conditions such as multiple sclerosis (1(a)), a tumour in the trigeminal nerve region (1(b)), vascular anomalies (1(c)), surgical complications (1(d)), trauma (1(e)), treatment with hydroxystilbamidine isethionate (1(f)), connective tissue diseases (1(g)), Paget's disease of the skull (1(h)), cerebral malaria (1(j)), sarcoidosis (1(k)), neuro-syphilis (1(m)), arachnoiditis (1(n)), diabetes mellitus (1(o)), and the inability to obtain appropriate clinical management (1(p)). The obligations imposed by the Statement of Principles require at least one of these factors to be related to the service in question. For instance, if a veteran had multiple sclerosis before the onset of trigeminal neuropathy, this factor must be linked to their service to support a claim. Furthermore, if the inability to obtain appropriate clinical management is cited, it must pertain to a specific relationship outlined in the Veterans' Entitlements Act 1986 (section 3). These provisions ensure that claims are substantiated by credible medical-scientific evidence connecting the condition to the service rendered. Breaches of the requirements set out in the Statement of Principles can lead to civil and criminal consequences. Under the Veterans' Entitlements Act 1986, individuals who provide false information or engage in fraudulent activities to claim entitlements may face penalties. The maximum penalties for such offences can include fines and imprisonment, as stipulated by the Act. It is crucial for claimants to adhere to the outlined criteria and provide accurate information to avoid any legal repercussions.

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