Instrument No.76 of 2001
Revocation and Determination
of
Statement of Principles
concerning
CHRONIC GASTRITIS
ICD-10-AM CODES: K29.3, K29.4, K29.5
Veterans’ Entitlements Act 1986
1. The Repatriation Medical Authority under subsection 196B(3) of the Veterans’ Entitlements Act 1986 (the Act):
(a) revokes Instrument No.61 of 1999; and
(b) determines in its place the following Statement of Principles.
Kind of injury, disease or death
2. (a) This Statement of Principles is about chronic gastritis and death from chronic gastritis.
(b) For the purposes of this Statement of Principles, “chronic gastritis” means the presence of histologically demonstrated chronic inflammatory cell infiltrate of the gastric mucosa, attracting ICD-10-AM code K29.3, K29.4 or K29.5.
Basis for determining the factors
3. On the sound medical-scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that chronic gastritis and death from chronic gastritis can be related to relevant service rendered by veterans or members of the Forces.
Factors that must be related to service
4. 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
5. The factors that must exist before it can be said that, on the balance of probabilities, chronic gastritis or death from chronic gastritis is connected with the circumstances of a person’s relevant service are:
(a) suffering from Helicobacter pylori infection of the stomach before the diagnosis of chronic gastritis; or
(b) suffering from Helicobacter heilmannii infection of the stomach before the diagnosis of chronic gastritis; or
(c) inability to obtain appropriate clinical management for chronic gastritis.
Factors that apply only to material contribution or aggravation
6. Paragraph 5(c) applies only to material contribution to, or aggravation of, chronic gastritis where the person’s chronic gastritis 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
7. 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
8. For the purposes of this Statement of Principles:
“death from chronic gastritis” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s chronic gastritis;
“Helicobacter heilmannii infection” means an infection of the mucus layer overlying gastric-type epithelium by the bacterium Helicobacter heilmannii;
“Helicobacter pylori infection” means an infection of the mucus layer overlying gastric-type epithelium by the bacterium Helicobacter pylori;
“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;
“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.
Application
9. This Instrument applies to all matters to which section 120B of the Act applies.
Dated this Twelfth day of September 2001
The Common Seal of the )
Repatriation Medical Authority )
was affixed to this instrument )
in the presence of: )
KEN DONALD
CHAIRMAN