Epilepsy — DVA SoP factors

Reasonable Hypothesis (RH) — Statement of Principles No. 84 of 2022

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 epilepsy or death from epilepsy with the circumstances of a person's relevant service:

1. (1)
   having a moderate to severe traumatic brain injury before the clinical onset of epilepsy;
2. (2)
   having concussion within the 20 years before the clinical onset of epilepsy;
3. (3)
   having an electrical injury of the brain before the clinical onset of epilepsy;

   Note: Electrical injury of the brain excludes transcranial magnetic stimulation and electroconvulsive therapy.

4. (4)
   having a surgical procedure which involves a craniotomy or cranioplasty before the clinical onset of epilepsy;
5. (5)
   having brain radiotherapy to treat primary or secondary brain neoplasia or to treat brain arteriovenous malformation before the clinical onset of epilepsy;
6. (6)
   having an hypoxic cerebral insult within the 2 months before the clinical onset of epilepsy;

   Note: hypoxic cerebral insult is defined in the Schedule 1 - Dictionary.

7. (7)
   having a central nervous system vascular lesion from the specified list of central nervous system vascular lesions within the 20 years before the clinical onset of epilepsy;

   Note: specified list of central nervous system vascular lesions is defined in the Schedule 1 - Dictionary.

8. (8)
   having autoimmune encephalitis at the time of the clinical onset of epilepsy;

   Note: Examples of diseases that can cause autoimmune encephalitis include granulomatosis with polyangiitis (Wegener granulomatosis), Hashimoto encephalopathy, multiple sclerosis, neuromyelitis optica, paraneoplastic neurological syndrome and systemic lupus erythematosus.

   Note: autoimmune encephalitis is defined in the Schedule 1 - Dictionary.

9. (9)
   having an infection of the brain or meninges within the 10 years before the clinical onset of epilepsy;
10. (10)
    having infection with human immunodeficiency virus at the time of the clinical onset of epilepsy;
11. (11)
    having septicaemia at the time of the clinical onset of epilepsy;
12. (12)
    having an intracranial space-occupying lesion before the clinical onset of epilepsy;

    Note: intracranial space-occupying lesion is defined in the Schedule 1 - Dictionary.

13. (13)
    having dementia as specified at the time of the clinical onset of epilepsy;

    Note: dementia as specified is defined in the Schedule 1 - Dictionary.

14. (14)
    having a medical condition affecting the brain from the specified list of medical conditions at the time of the clinical onset of epilepsy;

    Note: specified list of medical conditions is defined in the Schedule 1 - Dictionary.

15. (15)
    having obstructive sleep apnoea at the time of the clinical onset of epilepsy;
16. (16)
    having tetramine poisoning before the clinical onset of epilepsy;
17. (17)
    having type 1 diabetes mellitus or type 2 diabetes mellitus at the time of the clinical onset of epilepsy;

    Note: type 1 diabetes mellitus and type 2 diabetes mellitus are defined in the Schedule 1- Dictionary.

18. (18)
    having clinically significant depressive disorder at least 1 year before the clinical onset of epilepsy;

    Note: clinically significant is defined in the Schedule 1 - Dictionary.

19. (19)
    having eclampsia within the 4 weeks before the clinical onset of epilepsy;

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

20. (20)
    consuming at least 75 kilograms of alcohol within the 5 years before the clinical onset of epilepsy;

    Note: Alcohol consumption is calculated utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink.

21. (21)
    for death from epilepsy only, being exposed to a specific sensory stimulus or a specific repetitive task resulting in a reflex seizure immediately before death from epilepsy;

    Note: reflex seizure, specific repetitive task and specific sensory stimulus are defined in the Schedule 1 - Dictionary.

22. (22)
    having a moderate to severe traumatic brain injury before the clinical worsening of epilepsy;
23. (23)
    having concussion within the 20 years before the clinical worsening of epilepsy;
24. (24)
    having an electrical injury of the brain before the clinical worsening of epilepsy;

    Note: Electrical injury of the brain excludes transcranial magnetic stimulation and electroconvulsive therapy.

25. (25)
    having a surgical procedure which involves a craniotomy or cranioplasty before the clinical worsening of epilepsy;
26. (26)
    having brain radiotherapy to treat primary or secondary brain neoplasia or to treat brain arteriovenous malformation before the clinical worsening of epilepsy;
27. (27)
    having an hypoxic cerebral insult within the 2 months before the clinical worsening of epilepsy;

    Note: hypoxic cerebral insult is defined in the Schedule 1 - Dictionary.

28. (28)
    having a central nervous system vascular lesion from the specified list of central nervous system vascular lesions within the 20 years before the clinical worsening of epilepsy;

    Note: specified list of central nervous system vascular lesions is defined in the Schedule 1 - Dictionary.

29. (29)
    having autoimmune encephalitis at the time of the clinical worsening of epilepsy;

    Note: Examples of diseases that can cause autoimmune encephalitis include granulomatosis with polyangiitis (Wegener granulomatosis), Hashimoto encephalopathy, multiple sclerosis, neuromyelitis optica, paraneoplastic neurological syndrome and systemic lupus erythematosus.

    Note: autoimmune encephalitis is defined in the Schedule 1 - Dictionary.

30. (30)
    having an infection of the brain or meninges within the 10 years before the clinical worsening of epilepsy;
31. (31)
    having infection with human immunodeficiency virus at the time of the clinical worsening of epilepsy;
32. (32)
    having septicaemia at the time of the clinical worsening of epilepsy;
33. (33)
    having an intracranial space-occupying lesion before the clinical worsening of epilepsy;

    Note: intracranial space-occupying lesion is defined in the Schedule 1 - Dictionary.

34. (34)
    having dementia as specified at the time of the clinical worsening of epilepsy;

    Note: dementia as specified is defined in the Schedule 1 - Dictionary.

35. (35)
    having a medical condition affecting the brain from the specified list of medical conditions at the time of the clinical worsening of epilepsy;

    Note: specified list of medical conditions is defined in the Schedule 1 - Dictionary.

36. (36)
    having obstructive sleep apnoea at the time of the clinical worsening of epilepsy;
37. (37)
    having tetramine poisoning before the clinical worsening of epilepsy;
38. (38)
    having type 1 diabetes mellitus or type 2 diabetes mellitus at the time of the clinical worsening of epilepsy;

    Note: type 1 diabetes mellitus and type 2 diabetes mellitus are defined in the Schedule 1- Dictionary.

39. (39)
    having clinically significant depressive disorder at least 1 year before the clinical worsening of epilepsy;

    Note: clinically significant is defined in the Schedule 1 - Dictionary.

40. (40)
    having moderate to severe alcohol use disorder, including alcohol dependence, at the time of the clinical worsening of epilepsy;

    Note: moderate to severe alcohol use disorder is defined in the Schedule 1 - Dictionary.

41. (41)
    consuming at least 75 kilograms of alcohol within the 5 years before the clinical worsening of epilepsy;

    Note: Alcohol consumption is calculated utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink.

42. (42)
    inability to use continuous positive airway pressure (CPAP) ventilation for diagnosed sleep apnoea, at the time of the clinical worsening of epilepsy;
43. (43)
    inability to obtain appropriate clinical management for epilepsy;

Aggravation-only factors: the factors in subsections 9(22) to 9(43) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.