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Statement of Principles

Toxic vestibulopathy — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Toxic vestibulopathy. DVA can only accept a claim for Toxic vestibulopathy 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.

Toxic vestibulopathy

RH No. 88 of 2020 · BoP No. 89 of 202016 factors

Meaning of toxic vestibulopathy: For the purposes of this Statement of Principles, toxic vestibulopathy: (a) means damage to the vestibular organs of the inner ear or the vestibular nerve as a result of exposure to a chemical agent, resulting in symptoms or signs of vestibular loss; and (b) excludes impairment of balance due to damage to the brain or brainstem.

Reasonable Hypothesis (RH) — Statement of Principles No. 88 of 2020

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

  1. (1)
    taking a drug from the specified list of drugs within the 30 days before the clinical onset of toxic vestibulopathy;

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

  2. (2)
    taking a drug which is associated in the individual with: (a) the development of toxic vestibulopathy within 30 days of commencing drug therapy; and (b) a decrease in the symptoms and signs of toxic vestibulopathy within three months of discontinuing or tapering drug therapy; and where treatment with the drug continued for at least the three days before the clinical onset of toxic vestibulopathy;
  3. (3)
    having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical onset of toxic vestibulopathy;

    Note: Inner ear exposure to a chemical agent will only occur in the presence of a defect in the tympanic membrane.

    Note: specified list of chemical agents is defined in the Schedule 1 - Dictionary.

  4. (4)
    inhaling fumes from jet fuel or having cutaneous contact with jet fuel: (a) for a cumulative period of at least 2,000 hours before the clinical onset of toxic vestibulopathy; and (b) where that exposure has ceased, the clinical onset of toxic vestibulopathy has occurred within one year of cessation;

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

  5. (5)
    taking a drug from the specified list of drugs within the 30 days before the clinical worsening of toxic vestibulopathy;

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

  6. (6)
    taking a drug which is associated in the individual with: (a) an increase in the symptoms or signs of toxic vestibulopathy during drug therapy; and (b) a decrease in the symptoms or signs of toxic vestibulopathy within three months of discontinuing or tapering drug therapy; and where treatment with the drug continued for at least the three days before the clinical worsening of toxic vestibulopathy;
  7. (7)
    having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical worsening of toxic vestibulopathy;

    Note: Inner ear exposure to a chemical agent will only occur in the presence of a defect in the tympanic membrane.

    Note: specified list of chemical agents is defined in the Schedule 1 - Dictionary.

  8. (8)
    inhaling fumes from jet fuel or having cutaneous contact with jet fuel: (a) for a cumulative period of at least 2,000 hours before the clinical worsening of toxic vestibulopathy; (b) and where that exposure has ceased, the clinical worsening of toxic vestibulopathy has occurred within one year of cessation;

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

  9. (9)
    inability to obtain appropriate clinical management for toxic vestibulopathy;

Aggravation-only factors: the factors in subsections 8(5) to 8(9) 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. 89 of 2020

7 factors

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

  1. (1)
    taking a drug from the specified list of drugs within the 30 days before the clinical onset of toxic vestibulopathy;

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

  2. (2)
    taking a drug which is associated in the individual with: (a) the development of toxic vestibulopathy within 30 days of commencing drug therapy; and (b) a decrease in the symptoms and signs of toxic vestibulopathy within three months of discontinuing or tapering drug therapy; and where treatment with the drug continued for at least the three days before the clinical onset of toxic vestibulopathy;
  3. (3)
    having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical onset of toxic vestibulopathy;

    Note: Inner ear exposure to a chemical agent will only occur in the presence of a defect in the tympanic membrane.

    Note: specified list of chemical agents is defined in the Schedule 1 - Dictionary.

  4. (4)
    taking a drug from the specified list of drugs within the 30 days before the clinical worsening of toxic vestibulopathy;

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

  5. (5)
    taking a drug which is associated in the individual with: (a) an increase in the symptoms or signs of toxic vestibulopathy during drug therapy; and (b) a decrease in the symptoms or signs of toxic vestibulopathy within three months of discontinuing or tapering drug therapy; and where treatment with the drug continued for at least the three days before the clinical worsening of toxic vestibulopathy;
  6. (6)
    having inner ear exposure to a chemical agent from the specified list of chemical agents within the 30 days before the clinical worsening of toxic vestibulopathy;

    Note: Inner ear exposure to a chemical agent will only occur in the presence of a defect in the tympanic membrane.

    Note: specified list of chemical agents is defined in the Schedule 1 - Dictionary.

  7. (7)
    inability to obtain appropriate clinical management for toxic vestibulopathy;

Aggravation-only factors: the factors in subsections 8(4) to 8(7) 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.

A VHC Diagnostic Assessment addresses each of these factors one by one against your service record and clinical history. See how a VHC DVA claim works, see all fees ($600 + GST per stage) or book an appointment.

Accepted — what is it worth?

A Statement of Principles decides one thing only: whether DVA accepts liability for toxic vestibulopathy. 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.

Part of DVA Claims — Ears, nose & throat — every Statement of Principles covering the ears, nose and throat.

Others in this area:

Dr Thomas Perkins, Veterans Health Centre

Reviewed by Dr Thomas Perkins

Founding doctor, Veterans Health Centre · former RAAF aviation medical officer · 13 years working exclusively with ADF members and veterans. Full profile →