Statement of Principles concerning malignant neoplasm of the anal canal No. 35 of 2002 (Cth)
Instrument No.35 of 2002
Determination
of
Statement of Principles
concerning
MALIGNANT NEOPLASM OF THE ANAL CANAL
ICD-10-AM CODES: C21.0, C21.1, C21.2, D01.3
Veterans’ Entitlements Act 1986
This Statement of Principles is determined by the Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act).
Kind of injury, disease or death
(a) This Statement of Principles is about malignant neoplasm of the anal canal and death from malignant neoplasm of the anal canal.
(b) For the purposes of this Statement of Principles “malignant neoplasm of the anal canal” means a primary malignant invasive carcinoma or carcinoma in situ arising in the epithelial lining of the anal canal, but excludes soft tissue sarcoma, non-Hodgkin’s lymphoma, Hodgkin’s disease and adenocarcinoma of the anal canal. The anal canal extends from the junction between the rectum and anal canal to the anus, and does not include the anal margin or perianal skin. Malignant neoplasm of the anal canal attracts ICD-10-AM code C21.0, C21.1, C21.2 or D01.3.
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 malignant neoplasm of the anal canal and death from malignant neoplasm of the anal canal can be related to relevant service rendered by veterans or members of the Forces.
Factors that must be related to service
Subject to clause 6, at least one of the factors set out in clause 5 must be related to any relevant service rendered by the person.
Factors
The factors that must exist before it can be said that, on the balance of probabilities, malignant neoplasm of the anal canal or death from malignant neoplasm of the anal canal are connected with the circumstances of a person’s relevant service are:
(a)smoking at least 20 pack-years of cigarettes or the equivalent thereof in other tobacco products, before the clinical onset of malignant neoplasm of the anal canal, and, where smoking has ceased, the clinical onset has occurred within 15 years of cessation; or
(b)suffering from anogenital human papilloma virus infection before the clinical onset of malignant neoplasm of the anal canal; or
(c)being infected with human immunodeficiency virus at the time of the clinical onset of malignant neoplasm of the anal canal; or
(d)being treated with immunosuppressive drugs for organ transplantation before the clinical onset of malignant neoplasm of the anal canal; or
(e)inability to obtain appropriate clinical management for malignant neoplasm of the anal canal.
Factors that apply only to material contribution or aggravation
Paragraph 5(e) applies only to material contribution to, or aggravation of, malignant neoplasm of the anal canal where the person’s malignant neoplasm of the anal canal was suffered or contracted before or during (but not arising out of) the person’s relevant service; paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act refers.
Inclusion of Statements of Principles
In this Statement of Principles if a relevant factor applies and that factor includes an injury or disease in respect of which there is a Statement of Principles then the factors in that last mentioned Statement of Principles apply in accordance with the terms of that Statement of Principles.
Other definitions
For the purposes of this Statement of Principles:
“anogenital human papilloma virus infection” means human papilloma virus infection of external genitalia, perianal skin, anal canal, cervix or vagina;
“death from malignant neoplasm of the anal canal” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s malignant neoplasm of the anal canal;
“ICD-10-AM code” means a number assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, 10th revision, Australian Modification (ICD-10-AM), Second Edition, effective date of 1 July 2000, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 271 3. Where in this Statement of Principles an ICD code is referenced, such reference is not to constrain or limit the proper meaning of the definition or words preceding the alphanumeric code reference;
“pack years of cigarettes or the equivalent thereof in other tobacco products” means a calculation of consumption where one pack year of cigarettes equals twenty tailor made cigarettes per day for a period of one calendar year, or 7 300 cigarettes. One tailor made cigarette approximates one gram of tobacco or one gram of cigar or pipe tobacco by weight. One pack year of tailor made cigarettes equates to 7 300 cigarettes, or 7.3kg of smoking tobacco by weight. Tobacco products means either cigarettes, pipe tobacco or cigars smoked, alone or in any combination;
“relevant service” means:
(a) eligible war service (other than operational service); or
(b) defence service (other than hazardous service);
“terminal event” means the proximate or ultimate cause of death and includes:
(a) pneumonia;
(b) respiratory failure;
(c) cardiac arrest;
(d) circulatory failure; or
(e) cessation of brain function.
Dated this Sixteenth day of April 2002
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN
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