Instrument No.82 of 1995
Statement of Principles
concerning
TRIGEMINAL NEUROPATHY
ICD CODE: 350.8
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 neuropathy and death from trigeminal neuropathy 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 neuropathy or death from trigeminal neuropathy is connected 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) 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(g) must be related to any service rendered by a person.
3. The factor set out in paragraph 1(g) 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) 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 an ICD code of 340;
“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.
Dated this Twentieth day of February 1995
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
Overview
The Veterans’ Entitlements Act 1986 was enacted to address the need for a comprehensive framework governing the entitlements and benefits for veterans and members of the Australian Defence Force. The Act aims to provide a range of benefits, including medical and health services, pensions, and other forms of assistance to veterans who have been affected by their service. The Statement of Principles concerning Trigeminal Neuropathy, issued under subsection 196B(3) of the Act, identifies specific conditions that must exist for a veteran's trigeminal neuropathy or death from trigeminal neuropathy to be considered connected with their service, thus ensuring that appropriate benefits are available to those who meet the criteria. This Statement of Principles was determined by the Repatriation Medical Authority, which evaluated the available medical-scientific evidence to establish the necessary conditions for linking trigeminal neuropathy to service circumstances.
Scope and Application
The Statement of Principles concerning Trigeminal Neuropathy, outlined under the Veterans’ Entitlements Act 1986, applies to veterans and members of the Australian Defence Forces who have rendered service other than operational or hazardous service, and who subsequently suffer from trigeminal neuropathy. This legislation stipulates that for a connection between trigeminal neuropathy and the service to be acknowledged, specific preconditions must be met, such as the presence of multiple sclerosis, a tumor, vascular anomaly, surgical complication, trauma, or inadequate clinical management within the trigeminal nerve region before the onset of the condition. This statement delineates the criteria and conditions under which trigeminal neuropathy may be deemed related to eligible war service, thereby impacting eligibility for certain veterans’ entitlements. The jurisdictional reach of this legislation is governed by the Commonwealth, as it falls under the purview of the Veterans’ Entitlements Act 1986. The Act’s application can be further detailed or refined through subordinate instruments, which may specify additional conditions or clarify existing provisions.
Key Provisions
The main operative sections of the Statement of Principles concerning Trigeminal Neuropathy require that there must be a connection between the trigeminal neuropathy or death from it and the service rendered by a veteran or member of the forces, with at least one of the specified factors present. The factors include suffering from multiple sclerosis, a tumour, a vascular anomaly, a surgical complication, trauma, or treatment with hydroxystilbamidine isethionate before the onset of trigeminal neuropathy, or an inability to obtain appropriate clinical management (subsection 196B(3)(1)(a)-(g)). These factors must be related to the service provided (subsection 196B(3)(2)). Additionally, the inability to obtain appropriate clinical management applies only if the trigeminal neuropathy was contracted before the period of service and if the relationship between the neuropathy and the service is as outlined in specific subsections of the Act (subsection 196B(3)(3)). The definitions provided clarify the terms used within the statement, such as "multiple sclerosis," "trigeminal neuropathy," and "tumour" (subsection 196B(3)(4)).
The obligations and requirements imposed by the Act on the parties it governs include the necessity for veterans and members of the forces to demonstrate that their trigeminal neuropathy or death from it is connected to their service. This involves proving that at least one of the specified factors was present before the onset of the condition and that it was related to their service. The Repatriation Medical Authority must review the medical-scientific evidence available to determine if the condition can be more probably related to the service. This includes examining whether the individual suffered from one of the conditions listed in the principles or faced challenges in obtaining appropriate clinical management for their trigeminal neuropathy. The individual must provide evidence to support these claims, such as medical records and documentation of their service history.
Any breach of the requirements outlined in the Statement of Principles concerning Trigeminal Neuropathy can lead to civil or criminal consequences. While the specific penalties are not detailed in the text, breaches of the Veterans’ Entitlements Act 1986 generally can result in civil penalties, such as fines, or criminal penalties, which may include imprisonment, depending on the severity and intent of the breach. The exact penalties would be determined by the courts based on the specific nature of the breach and the circumstances surrounding it. It is important for all parties to adhere strictly to the provisions of the Act to avoid such consequences.