Statement of Principles
concerning
MENIERE'S DISEASE
(Reasonable Hypothesis)
(No. 108 of 2015)
The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(2) of the Veterans’ Entitlements Act 1986.
Dated 21 August 2015
The Common Seal of the
Repatriation Medical Authority
was affixed to this instrument
at the direction of:
Professor Nicholas Saunders AO
Chairperson
Contents
1 Name........................................................................................................................................... 3
2 Commencement........................................................................................................................ 3
3 Authority..................................................................................................................................... 3
4 Revocation................................................................................................................................. 3
5 Application................................................................................................................................. 3
6 Definitions.................................................................................................................................. 3
7 Kind of injury, disease or death to which this Statement of Principles relates............... 3
8 Basis for determining the factors........................................................................................... 4
9 Factors that must exist............................................................................................................. 4
10 Relationship to service............................................................................................................. 5
11 Factors referring to an injury or disease covered by another Statement of Principles. 5
Schedule 1 - Dictionary............................................................................................. 6
1 Definitions.................................................................................................................................. 6
1 Name
This is the Statement of Principles concerning Meniere's disease (Reasonable Hypothesis) (No. 108 of 2015).
2 Commencement
This instrument commences on 21 September 2015.
3 Authority
This instrument is made under subsection 196B(2) of the Veterans’ Entitlements Act 1986.
4 Revocation
The Statement of Principles concerning Meniere's disease No. 59 of 2006 made under subsection 196B(2) of the VEA is revoked.
5 Application
This instrument applies to a claim to which section 120A of the VEA or section 338 of the Military Rehabilitation and Compensation Act 2004 applies.
6 Definitions
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
7 Kind of injury, disease or death to which this Statement of Principles relates
(1) This Statement of Principles is about Meniere's disease and death from Meniere's disease.
Meaning of Meniere's disease
(2) For the purposes of this Statement of Principles, Meniere's disease:
(a) means a clinical condition characterised by recurrent attacks of episodic vertigo often associated with:
(i) nausea and vomiting;
(ii) fluctuating sensorineural hearing loss;
(iii) tinnitus; and
(iv) a sense of fullness of the involved ear; and
(b) excludes labyrinthitis, vertigo of central origin and other unspecified vertiginous syndromes.
(3) While Meniere's disease attracts ICD‑10‑AM code H81.0, in applying this Statement of Principles the meaning of Meniere's disease is that given in subsection (2).
(4) For subsection (3), a reference to an ICD‑10‑AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD‑10‑AM), Ninth Edition, effective date of 1 July 2015, copyrighted by the Independent Hospital Pricing Authority, ISBN 978‑1‑76007‑020‑5.
Death from Meniere's disease
(5) For the purposes of this Statement of Principles, Meniere's disease, in relation to a person, includes death from a terminal event or condition that was contributed to by the person’s Meniere's disease.
Note: terminal event is defined in the Schedule 1 – Dictionary.
8 Basis for determining the factors
The Repatriation Medical Authority is of the view that there is sound medical‑scientific evidence that indicates that Meniere's disease and death from Meniere's disease can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the MRCA.
Note: relevant service is defined in the Schedule 1 – Dictionary.
9 Factors that must exist
At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting Meniere's disease or death from Meniere's disease with the circumstances of a person’s relevant service:
(1) having a moderate to severe traumatic brain injury within the one year before the clinical onset of Meniere's disease;
(2) having otitis media of the affected ear within the 30 days before the clinical onset of Meniere's disease;
(3) having otosyphilis of the affected ear before the clinical onset of Meniere's disease;
(4) having a disease from the specified list of autoimmune diseases before the clinical onset of Meniere's disease;
Note: specified list of autoimmune diseases is defined in the Schedule 1 - Dictionary.
(5) inability to obtain appropriate clinical management for Meniere's disease.
10 Relationship to service
(1) The existence in a person of any factor referred to in section 9 must be related to the relevant service rendered by the person.
(2) The factor set out in subsection 9(5) applies only to material contribution to, or aggravation of, Meniere's disease where the person’s Meniere's disease was suffered or contracted before or during (but did not arise out of) the person’s relevant service.
11 Factors referring to an injury or disease covered by another Statement of Principles
In this Statement of Principles:
(1) if a factor referred to in section 9 applies in relation to a person; and
(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(2) of the VEA;
then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
Schedule 1 - Dictionary
Note: See Section 6
1 Definitions
In this instrument:
Meniere's disease—see subsection 7(2).
MRCA means the Military Rehabilitation and Compensation Act 2004.
relevant service means:
(a) operational service under the VEA;
(b) peacekeeping service under the VEA;
(c) hazardous service under the VEA;
(d) British nuclear test defence service under the VEA;
(e) warlike service under the MRCA; or
(f) non-warlike service under the MRCA.
specified list of autoimmune diseases means:
(a) ankylosing spondylitis;
(b) Hashimoto's thyroiditis;
(c) rheumatoid arthritis; or
(d) systemic lupus erythematosus.
terminal event means the proximate or ultimate cause of death and includes the following:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
VEA means the Veterans' Entitlements Act 1986.
