Malignant neoplasm of the brain

Malignant neoplasm of the brain — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Malignant neoplasm of the brain. DVA can only accept a claim for Malignant neoplasm of the brain if at least one of these factors is met and connected to your service. Reasonable Hypothesis (RH) applies to operational service; Balance of Probabilities (BoP) applies to peacetime service.

Source: Repatriation Medical Authority Statements of Principles as held by the Veterans Health Centre. SoPs are amended and replaced regularly; always confirm the current instrument at rma.gov.au before relying on it.

RH No. 85 of 2016 · BoP No. 86 of 20165 factors

Meaning of malignant neoplasm of the brain: For the purposes of this Statement of Principles, malignant neoplasm of the brain means: (a) a primary malignant neoplasm arising from the cells of the brain; and (b) includes malignant neuroepithelial tumour and germ cell tumour; and (c) excludes nerve sheath tumour, soft tissue sarcoma, Hodgkin's lymphoma, non-Hodgkin's lymphoma, carcinoid tumour, neoplasm of the pituitary gland and cerebral meningioma.

Reasonable Hypothesis (RH) — Statement of Principles No. 85 of 2016

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 malignant neoplasm of the brain or death from malignant neoplasm of the brain with the circumstances of a person's relevant service:

(1)
having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to the brain at least two years before the clinical onset of malignant neoplasm of the brain;
Note: cumulative equivalent dose is defined in the Schedule 1 - Dictionary.
(2)
being infected with human immunodeficiency virus before the clinical onset of malignant neoplasm of the brain;
(3)
inability to obtain appropriate clinical management for malignant neoplasm of the brain;

Aggravation-only factors: the factors in subsection 9(3) 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.

Balance of Probabilities (BoP) — Statement of Principles No. 86 of 2016

2 factors

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

(1)
having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the brain at least three years before the clinical onset of malignant neoplasm of the brain;
Note: cumulative equivalent dose is defined in the Schedule 1 - Dictionary.
(2)
inability to obtain appropriate clinical management for malignant neoplasm of the brain;

Aggravation-only factors: the factors in subsection 9(2) 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.

Accepted — what is it worth?

A Statement of Principles decides one thing only: whether DVA accepts liability for malignant neoplasm of the brain. It says nothing about how much you are paid. Compensation is worked out separately, from impairment points under the GARP — so a condition can be accepted and still rate few points, or rate more than you expect once it is combined with everything else on your file.