Statement of Principles concerning cardiac myxoma No. 12 of 2009

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Statement of Principles
concerning
 
CARDIAC MYXOMA
No. 12 of 2009
 
for the purposes of the
 
Veterans’ Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004
           
Title
1.         This Instrument may be cited as Statement of Principles concerning cardiac myxoma No. 12 of 2009.
 
Determination
2.         The Repatriation Medical Authority under subsection 196B(3) and (8) of the Veterans’ Entitlements Act 1986 (the VEA):
(a)       revokes Instrument No. 14 of 1998 concerning cardiac myxoma; and
(b)       determines in its place this Statement of Principles.
 
Kind of injury, disease or death
3.         (a)        This Statement of Principles is about cardiac myxoma and death from cardiac myxoma.
(b)              For the purposes of this Statement of Principles, "cardiac myxoma" means a benign neoplasm of the heart composed of primitive connective tissue cells and stroma resembling mesenchyme and usually arising from the atria of the heart.
(c)              Cardiac myxoma attracts ICD-10-AM code D15.1.
(d)              In the application of this Statement of Principles, the definition of "cardiac myxoma" is that given at paragraph 3(b) above.
 
Basis for determining the factors
4.         On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that cardiac myxoma and death from cardiac myxoma can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).
 
Factors that must be related to service
5.         Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.
 
Factors
6.         The factor that must exist before it can be said that, on the balance of probabilities, cardiac myxoma or death from cardiac myxoma is connected with the circumstances of a person’s relevant service is:
 
(a)               having received a heart transplant from a donor with cardiac myxoma before the clinical onset of cardiac myxoma; or
 
(b)              inability to obtain appropriate clinical management for cardiac myxoma.
 
Factors that apply only to material contribution or aggravation
7.         Paragraph 6(b) applies only to material contribution to, or aggravation of, cardiac myxoma where the person’s cardiac myxoma was suffered or contracted before or during (but not arising out of) the person’s relevant service.
 
Inclusion of Statements of Principles
8.                  In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
 
Other definitions
9.                  For the purposes of this Statement of Principles:
 
"death from cardiac myxoma" in relation to a person includes death from a terminal event or condition that was contributed to by the person’s cardiac myxoma;
 
"ICD-10-AM code" means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th Revision, Australian Modification (ICD-10-AM), Sixth Edition, effective date of 1 July 2008, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 978 1 74210 016 6;
 
"relevant service" means:
(a)       eligible war service (other than operational service) under the VEA; or
(b)       defence service (other than hazardous service) under the VEA; or
(c)       peacetime service under the MRCA;
 
"terminal event" means the proximate or ultimate cause of death and includes:
(a)       pneumonia;
(b)       respiratory failure;
(c)       cardiac arrest;
(d)       circulatory failure; or
(e)              cessation of brain function.
 
Application
10.       This Instrument applies to all matters to which section 120B of the VEA or section 339 of the MRCA applies.
 
Date of effect
11.       This Instrument takes effect from 14 January 2009.
 
Dated this       nineteenth     day of              December    2008
 
 
The Common Seal of the                  )
Repatriation Medical Authority       )
was affixed to this instrument          )
in the presence of:                            )
 
KEN DONALD
CHAIRPERSON

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