Statement of Principles concerning varicocele No. 125 of 1996

Administered by Department of Veterans' Affairs

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Instrument No.125 of 1996

 

Determination

of

Statement of Principles

concerning

VARICOCELE

ICD CODE: 456.4

 

Veterans’ Entitlements Act 1986

 

 

1. This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).

 

Kind of injury, disease or death

2. (a) This Statement of Principles is about varicocele and death from varicocele.

 

 (b) For the purposes of this Statement of Principles, “varicocele” means an abnormal tortuosity and dilatation of the veins of the pampiniform plexus within the spermatic cord usually presenting as a scrotal swelling, attracting ICD code 456.4.

 

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 varicocele and death from varicocele 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, the factors set out in at least one of the paragraphs 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, varicocele or death from varicocele is connected with the circumstances of a person’s relevant service are:

 

(a) suffering occlusion or narrowing of the ipsilateral testicular vein before the clinical onset of varicocele; or

 

(b) for right-sided varicocele, suffering occlusion or narrowing of the inferior vena cava before the clinical onset of varicocele; or

 

(c) for right-sided varicocele, where the right testicular vein drains into the right renal vein, suffering occlusion or narrowing of the right renal vein before the clinical onset of varicocele; or

 

(d) for left-sided varicocele, suffering occlusion or narrowing of the left renal vein before the clinical onset of varicocele; or

 

(e) suffering occlusion or narrowing of the ipsilateral testicular vein before the clinical worsening of varicocele; or

 

(f) for right-sided varicocele, suffering occlusion or narrowing of the inferior vena cava before the clinical worsening of varicocele; or

 

(g) for right-sided varicocele, where the right testicular vein drains into the right renal vein, suffering occlusion or narrowing of the right renal vein before the clinical worsening of varicocele; or

 

(h) for left-sided varicocele, suffering occlusion or narrowing of the left renal vein before the clinical worsening of varicocele; or

 

(j) inability to obtain appropriate clinical management for varicocele.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(e) to 5(j) apply only to material contribution to, or aggravation of, varicocele where the person’s varicocele 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.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“ICD 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;

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other than hazardous service);

 

“suffering occlusion or narrowing” means suffering from thrombosis, tumour invasion or external compression of a vein, from conditions such as abdominal or pelvic tumour, retroperitoneal masses, or retroperitoneal fibrosis;

 

“testicular vein” means the vein that drains the pampiniform plexus and opens into the left renal vein on the left side, usually opening into the inferior vena cava on the right side, and which  occasionally enters the right renal vein.

 

 

 

Dated this Twenty-sixth     day of September              1996

 

 

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, enacted by the Parliament of Australia, addresses the need to provide entitlements to veterans for injuries, diseases, or deaths incurred or contracted due to their service. This legislative framework ensures that veterans who suffer from conditions arising from their military service receive appropriate benefits and support. The Determination of Statement of Principles concerning Varicocele, issued under the Act in 1996 by the Repatriation Medical Authority, specifically aims to establish a clear link between varicocele and relevant military service, facilitating the provision of necessary entitlements to affected veterans. The policy objective is to provide a definitive statement that varicocele and death from varicocele can be related to service, thereby ensuring that veterans who meet the specified criteria receive the requisite benefits and support.

Scope and Application

This Statement of Principles concerning varicocele and death from varicocele is determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986. This legislation applies to veterans or members of the Australian Defence Force who have rendered relevant service, defined as eligible war service or defence service excluding hazardous service. The determination addresses the connection between varicocele, a condition involving abnormal tortuosity and dilatation of the veins within the spermatic cord, and circumstances of relevant service. For a claim to be substantiated, specific medical conditions such as occlusion or narrowing of certain veins before the onset or worsening of varicocele must be related to the service. The determination also outlines the factors that must exist before a connection can be made on the balance of probabilities, including the inability to obtain appropriate clinical management for varicocele. The Statement of Principles does not cover specific geographic or jurisdictional boundaries beyond the application to veterans and Defence Force members, and its scope is further defined through subordinate instruments detailing the specific medical conditions and service-related factors.

Key Provisions

The Statement of Principles concerning Varicocele ICD Code 456.4, determined by the Repatriation Medical Authority under the Veterans’ Entitlements Act 1986, specifies that varicocele, an abnormal condition of the veins within the spermatic cord, and death resulting from varicocele, can be related to relevant service rendered by veterans or members of the Forces (section 2). The determination is based on available medical-scientific evidence that suggests a more than likely connection between varicocele and relevant service (section 3). To establish a connection between varicocele or death from varicocele and the service of the individual, certain factors must be met (section 4). These factors include suffering from occlusion or narrowing of specific veins before the clinical onset or worsening of varicocele, or being unable to obtain appropriate clinical management for varicocele (section 5). Paragraphs 5(e) to 5(j) apply only in cases of material contribution to, or aggravation of, varicocele where the condition existed before or during service (section 6). The Statement of Principles imposes obligations on veterans or members of the Forces who seek to claim benefits related to varicocele or death from varicocele, requiring them to demonstrate that the condition meets the specified factors related to their service (section 4). This involves providing medical evidence that shows the presence of the factors outlined in section 5, such as documentation of occlusion or narrowing of relevant veins, or proof of inability to obtain appropriate clinical management. The authority may require additional information or investigation to verify the claims, ensuring that the conditions are indeed service-related. There are no explicit offences, penalties, or consequences for breach detailed within the Statement of Principles itself. However, under the broader provisions of the Veterans’ Entitlements Act 1986, any fraudulent claims or misrepresentation of facts in the pursuit of veterans’ benefits could result in civil or criminal penalties. Such actions may be subject to fines or imprisonment, depending on the severity and intent of the misrepresentation. It is important for claimants to provide accurate and truthful information to avoid any potential legal repercussions.

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