Statement of Principles concerning Morton metatarsalgia (Balance of Probabilities) (No. 78 of 2019) (Cth)

Statement of Principles concerning MORTON METATARSALGIA (Balance of Probabilities) (No. 78 of 2019) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 23 August 2019

The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:

Professor Nicholas Saunders AO Chairperson

Contents 1 Name 2 Commencement 3 Authority 4 Repeal 5 Application 6 Definitions 7 Kind of injury, disease or death to which this Statement of Principles relates 8 Basis for determining the factors 9 Factors that must exist 10 Relationship to service 11 Factors referring to an injury or disease covered by another Statement of Principles Schedule 1 - Dictionary 1 Definitions

1 Name This is the Statement of Principles concerning Morton metatarsalgia (Balance of Probabilities) (No. 78 of 2019). 2 Commencement This instrument commences on 23 September 2019. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning Morton's metatarsalgia No. 93 of 2010 (Federal Register of Legislation No. F2010L02849) made under subsection 196B(3) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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. 6 Definitions The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument. 7 Kind of injury, disease or death to which this Statement of Principles relates (1) This Statement of Principles is about Morton metatarsalgia and death from Morton metatarsalgia. Meaning of Morton metatarsalgia (2) For the purposes of this Statement of Principles, Morton metatarsalgia: (a) means an entrapment or irritation of the interdigital plantar nerve between the metatarsal heads, causing an acquired neuropathy; and (b) excludes peripheral neuropathy. Note 1: Morton metatarsalgia is also known as Morton neuroma. Note 2: Signs and symptoms of Morton metatarsalgia may include, but are not limited to, pain and numbness of the forefoot, most commonly in the second or third intermetatarsal space, which may radiate to the toes. (3) While Morton metatarsalgia attracts ICD-10-AM code G57.6, in applying this Statement of Principles the meaning of Morton metatarsalgia is that given in subsection (2). (4) For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4. Death from Morton metatarsalgia (5) For the purposes of this Statement of Principles, Morton metatarsalgia, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's Morton metatarsalgia. Note: terminal event is defined in the Schedule 1 – Dictionary. 8 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 Morton metatarsalgia and death from Morton metatarsalgia can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA. Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary. 9 Factors that must exist At least one of the following factors must exist before it can be said that, on the balance of probabilities, Morton metatarsalgia or death from Morton metatarsalgia is connected with the circumstances of a person's relevant service: (1) wearing footwear which compresses the affected forefoot or increases the pressure on the ball of the affected foot, or has a high heel, for at least four hours per day on more days than not, for at least the two years before the clinical onset of Morton metatarsalgia; (2) having an injury to the foot which damages or compresses the interdigital plantar nerve within the affected intermetatarsal space, within the six months before the clinical onset of Morton metatarsalgia; (3) undergoing surgery to the foot which damages or compresses the interdigital plantar nerve within the affected intermetatarsal space, within the six months before the clinical onset of Morton metatarsalgia; (4) having a deformity of the affected foot from the specified list of deformities of the foot, which damages or compresses the interdigital plantar nerve within the affected intermetatarsal space, at the time of the clinical onset of Morton metatarsalgia; Note: specified list of deformities of the foot is defined in the Schedule 1 - Dictionary. (5) having an inflammatory arthritis which damages or compresses the interdigital plantar nerve within the affected intermetatarsal space, at the time of the clinical onset of Morton metatarsalgia; (6) wearing footwear which compresses the affected forefoot or increases the pressure on the ball of the affected foot, or has a high heel, for at least four hours per day on more days than not, for at least the two years before the clinical worsening of Morton metatarsalgia; (7) having an injury to the foot which damages or compresses the interdigital plantar nerve within the affected intermetatarsal space, within the six months before the clinical worsening of Morton metatarsalgia; (8) undergoing surgery to the foot which damages or compresses the interdigital plantar nerve within the affected intermetatarsal space, within the six months before the clinical worsening of Morton metatarsalgia; (9) having a deformity of the affected foot from the specified list of deformities of the foot, which damages or compresses the interdigital plantar nerve within the affected intermetatarsal space, at the time of the clinical worsening of Morton metatarsalgia; Note: specified list of deformities of the foot is defined in the Schedule 1 - Dictionary. (10) having an inflammatory arthritis which damages or compresses the interdigital plantar nerve within the affected intermetatarsal space, at the time of the clinical worsening of Morton metatarsalgia; (11) inability to obtain appropriate clinical management for Morton metatarsalgia. 10 Relationship to service (1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person. (2) The factors set out in subsections 9(6) to (11) apply only to material contribution to, or aggravation of, Morton metatarsalgia where the person's Morton metatarsalgia was suffered or contracted before or during (but did not arise out of) the person's relevant service. 11 Factors referring to an injury or disease covered by another Statement of Principles In this Statement of Principles: (1) if a factor referred to in section 9 applies in relation to a person; and (2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA; then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.