Document ID: chunk:federal_register_of_legislation:F2017C00863:schedule:1:p1
Version: federal_register_of_legislation:F2017C00863
Segment Type: schedule
Provision Reference: sch 1 (pt 1/3)
Character Range: 2909–6421

Schedule 1 - Dictionary

       1 Definitions

      1               Name

      This is the Statement of Principles concerning optochiasmatic arachnoiditis (Balance of Probabilities) (No. 58 of 2016).

      2               Commencement

       This instrument commences on 23 May 2016.

      3               Authority

      This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.

      4               Application

      This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.

      5               Definitions

      The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.

      6               Kind of injury, disease or death to which this Statement of Principles relates

         (1)          This Statement of Principles is about optochiasmatic arachnoiditis and death from optochiasmatic arachnoiditis.

      Meaning of optochiasmatic arachnoiditis

         (2)          For the purposes of this Statement of Principles, optochiasmatic arachnoiditis means chronic inflammation of the arachnoid membrane surrounding the optic chiasm and intracranial optic nerves, resulting in damage to these structures from fibrosis and the formation of adhesions, and typically presenting with progressive visual loss.

      Death from optochiasmatic arachnoiditis

         (3)          For the purposes of this Statement of Principles, optochiasmatic arachnoiditis, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's optochiasmatic arachnoiditis.

            Note: terminal event is defined in the Schedule 1 – Dictionary.

      7               Basis for determining the factors

      On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that optochiasmatic arachnoiditis and death from optochiasmatic arachnoiditis can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.

            Note: relevant service is defined in the Schedule 1 – Dictionary.

      8               Factors that must exist

      At least one of the following factors must exist before it can be said that, on the balance of probabilities, optochiasmatic arachnoiditis or death from optochiasmatic arachnoiditis is connected with the circumstances of a person's relevant service:

         (1)          having a bacterial, fungal or parasitic infection involving the leptomeninges surrounding the optic chiasm or intracranial optic nerves before the clinical onset of optochiasmatic arachnoiditis;

            Note: leptomeninges is defined in the Schedule 1 - Dictionary.

         (2)          having a subarachnoid haemorrhage or bleeding into the subarachnoid space before the clinical onset of optochiasmatic arachnoiditis;

         (3)          having surgery to an area in close proximity to the optic chiasm before the clinical onset of optochiasmatic arachnoiditis;

         (4)          having a moderate to severe traumatic brain injury before the clinical onset of optochiasmatic arachnoiditis;

         (5)          undergoing a course of therapeutic radiation for cancer, where the optic chiasm was in the field of radiation, before the clinical onset of optochiasmatic arachnoiditis;

         (6)          having received