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Declarations by the RMA
The Repatriation Medical Authority (RMA) may declare, following an investigation, that it does not propose to make a Statement of Principles (SOP) for a condition. This can be on the grounds that the condition is not a disease or injury, or because there are no factors by which the condition can be related to service. These declarations by the RMA are covered by:
- The Veterans’ Entitlements Act 1986 Part X1A, Section 196(B)(6) and Part VIII, Sections 120A(3) & (4) and 120B(3) & (4); and
- The Military Rehabilitation and Compensation Act 2004 Chapter 7 Part 2, Sections 338(3) & (4) and 339(3) & (4).
Where the RMA has made such a declaration, claims for that condition cannot be accepted as related to service under the VEA or the MRCA:
The RMA has declared that it does not propose to make SOPs for the following conditions, for the reason that they are not diseases or injuries for the purposes of Section 5D of the VEA:
Chemically-acquired brain injury caused by mefloquine, tafenoquine or primaquine
Gulf War syndrome*
Helicobacter pylori infection
Metatarsalgia (excluding Morton’s metatarsalgia)
Multiple chemical sensitivity
Obesity (excluding morbid obesity)
*A further investigation into Gulf War Syndrome was gazetted on 31/10/12 and completed on 08/05/14, when the RMA determined SOPs for “Chronic multisymptom illness”. See the RMA’s Statement of Reasons for more information relating to this decision.
Claims for the above conditions cannot be accepted as related to service under the VEA or MRCA. Consideration needs to be given to whether there is any other diagnosis to be made in answer to a claim for one of the above listed conditions.
There are other SOPs that have factors concerning either Helicobacter pylori infection or obesity. The relationship to service of Helicobacter pylori infection or obesity may still need to be considered in that context.
The RMA has declared, following investigation, that a number of diseases do not have any factors by which they can be "related to service", as defined in subsection 196B(14) of the VEA. The RMA has either declared that it does not propose to make a SOP, or has revoked (and not replaced) previously issued SOPs for the following conditions:
- Congenital cataract
- Spina bifida
- x-linked myopathy with excessive autophagy
Claims for these conditions cannot be accepted as related to service under the VEA or MRCA.