Specialist Medical Review Council

Declarations

Section 196W
Veterans’ Entitlements Act 1986

Re: Statements of Principles Nos. 67 & 68 of 2013

in respect of motor neuron disease

Request for Review Declaration No. 31

1.       In relation to the Repatriation Medical Authority (RMA) Statements of Principles Nos. 67 and 68 concerning motor neuron disease made under subsections 196B of the Veterans' Entitlements Act 1986 (the VEA), the Council under subsection 196W(5) of the VEA:

DECLARES that there is insufficient sound medical-scientific evidence on which the RMA could have relied to include in the Statements of Principles the following factors:

·         having a moderate to severe traumatic brain injury more than one year before the clinical onset of motor neurone disease; and

·         having received at least 250 blows to the head while participating in a high impact contact activity, where these blows occurred more than one year before the clinical onset of motor neurone disease.

And accordingly:

DECLARES that Statement of Principles No. 68 of 2013 should not be amended to include those factors; AND

DIRECTS the RMA to amend Statement of Principles No. 67 of 2013 by removing factors 6. (b) and (c).

DECLARES that there is no sound medical-scientific evidence on which the RMA could have relied to amend the Statements of Principles to include the following factor(s):

·         smoking at least ten pack-years of cigarettes, or the equivalent thereof in other tobacco products coupled with having received at least 250 blows to the head while participating in a high contact activity, where the smoking and blows to the head occurred more than one year before the clinical onset of motor neurone disease.