Statement of Principles concerning colorectal adenoma No. 63 of 2002

Administered by Department of Veterans' Affairs

Legislation au F2005B02122 Not in force Legislative Instrument

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Instrument No.63 of 2002

 

Determination

of

Statement of Principles

concerning

COLORECTAL ADENOMA

ICD-10-AM codeS: D12.0 - D12.5, D12.7, D12.8

 

Veterans’ Entitlements Act 1986

 

 

1. 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

2. (a) This Statement of Principles is about colorectal adenoma and death from colorectal adenoma.

 

(b)              For the purposes of this Statement of Principles “colorectal adenoma” means a benign neoplasm arising from the epithelial cells of the colorectum, which extends from the caecum, including the ileocaecal junction to the junction with the anal canal.  This definition of colorectal adenoma includes colorectal adenomatous polyp and serrated adenoma, but excludes benign neoplasms of the anus and anal canal, familial adenomatous polyposis, non-neoplastic polyps of the large intestine or non-epithelial neoplasms of the large intestine.  Colorectal adenoma attracts ICD-10-AM code D12.0 - D12.5, D12.7 or D12.8.

 

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 colorectal adenoma and death from colorectal adenoma 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, colorectal adenoma or death from colorectal adenoma is 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 colorectal adenoma, and

(i) smoking commenced at least 15 years before the clinical onset of colorectal adenoma, and

(ii) where smoking has ceased, the clinical onset has occurred within 10 years of cessation; or

 

(b)              drinking at least 500 kilograms of alcohol within a 25 year period within the 30 years immediately before the clinical onset of colorectal adenoma; or

 

(c)              for adenoma of the colon only, an inability to undertake more than a mildly strenuous level of physical activity for at least 20 years within the 30 years before the clinical onset of colorectal adenoma; or

 

(d)              for adenoma of the colon only, being obese for at least 30 years within the 40 years before the clinical onset of colorectal adenoma; or

 

(e)              inability to obtain appropriate clinical management for colorectal adenoma.

 

Factors that apply only to material contribution or aggravation

6. Paragraph 5(e) applies only to material contribution to, or aggravation of, colorectal adenoma where the person’s colorectal adenoma 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:

 

“adenoma of the colon” means a benign epithelial neoplasm of the colon, which extends from the ileocaecal junction to the sigmoid colon;

 

“alcohol” is measured by the alcohol consumption calculations utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink;

 

“an inability to undertake more than a mildly strenuous level of physical activity” means the presence of an incapacity which prevents any physical activity greater than 3 METS, where a “MET” is a unit of measurement of the level of physical exertion.  1 MET = 3.5 ml of oxygen/kg of body weight per minute or, 1.0 kcal/kg of body weight per hour, or resting metabolic rate.  (A MET approximates to the energy required to rest quietly in bed.  A 70 kg man would use about 3 METS when walking at 4 km per hour.);

“being obese” means an increase in body weight by way of fat accumulation which results in a Body Mass Index (BMI) of 30 or greater.

The BMI = W/H2 and where:

W is the person’s weight in kilograms and

H is the person’s height in metres;

 

“death from colorectal adenoma” in relation to a person includes death from a terminal event or condition that was contributed to by the person’s colorectal adenoma;

 

“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), Third Edition, effective date of 1 July 2002, copyrighted by the National Centre for Classification in Health, Sydney, NSW, and having ISBN 1 86487 413 9.  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

(d)              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 Sixth day of  August   2002

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of:    )

 

KEN DONALD

CHAIRMAN

 

Overview

The Determination of Statement of Principles concerning Colorectal Adenoma, established under the Veterans’ Entitlements Act 1986, was enacted to address the issue of colorectal adenoma and related deaths among veterans. This legislative instrument was issued by the Repatriation Medical Authority to provide a clear framework for the recognition of colorectal adenoma as a condition potentially linked to service rendered by veterans, thereby ensuring they receive appropriate entitlements. The policy objective is to provide a basis for the consideration of claims by veterans who have developed colorectal adenoma, taking into account various contributing factors such as smoking, alcohol consumption, physical inactivity, obesity, and the inability to obtain appropriate clinical management. The Statement of Principles aims to establish the criteria and conditions under which these factors are considered in relation to the veteran's service, facilitating the assessment and approval of relevant entitlements.

Scope and Application

This legislative instrument, a Statement of Principles under the Veterans’ Entitlements Act 1986, pertains specifically to colorectal adenoma and death from colorectal adenoma among veterans. The Statement of Principles, determined by the Repatriation Medical Authority, defines colorectal adenoma as a benign neoplasm arising from the epithelial cells of the colorectum, excluding certain other benign neoplasms. It outlines the factors that must exist to establish a connection between colorectal adenoma or death from colorectal adenoma and the relevant service rendered by veterans, including smoking, alcohol consumption, physical activity levels, and obesity. The instrument also clarifies that certain factors apply only to material contribution or aggravation of the condition where it was suffered or contracted before or during service. This determination extends to include other related injuries or diseases if they are covered by other Statements of Principles. The application of this Statement of Principles is confined to veterans who have served under the specified conditions outlined in the Act, thereby extending the Act's reach to include these medical conditions within the scope of veterans' entitlements.

Key Provisions

The main operative sections of this legislative instrument determine a Statement of Principles concerning colorectal adenoma under the Veterans’ Entitlements Act 1986. This Statement of Principles (paragraph 1) applies to colorectal adenoma, a benign neoplasm arising from the epithelial cells of the colorectum, extending from the caecum to the anal canal (paragraph 2(b)). It includes colorectal adenomatous polyp and serrated adenoma, but excludes other benign neoplasms, familial adenomatous polyposis, non-neoplastic polyps, and non-epithelial neoplasms of the large intestine (paragraph 2(b)). The ICD-10-AM codes D12.0 - D12.5, D12.7, and D12.8 are applicable (paragraph 2(b)). The Repatriation Medical Authority has determined that it is more probable than not that colorectal adenoma and death from colorectal adenoma can be related to relevant service rendered by veterans or members of the Forces (paragraph 3). To establish this connection, at least one of the factors listed in clause 5 must be related to the person’s relevant service (paragraph 4). The relevant factors include smoking at least 20 pack years of cigarettes or equivalent tobacco products before the clinical onset of colorectal adenoma, with specific commencement and cessation criteria (paragraph 5(a)); drinking at least 500 kilograms of alcohol within a 25-year period within the 30 years before the clinical onset of colorectal adenoma (paragraph 5(b)); an inability to undertake more than a mildly strenuous level of physical activity for at least 20 years before the clinical onset of colorectal adenoma (paragraph 5(c)); being obese for at least 30 years within the 40 years before the clinical onset of colorectal adenoma (paragraph 5(d)); and inability to obtain appropriate clinical management for colorectal adenoma (paragraph 5(e)). The obligations and requirements imposed by this legislative instrument include ensuring that veterans or members of the Forces who are claiming entitlements related to colorectal adenoma provide evidence that at least one of the specified factors is related to their relevant service. For example, they must provide detailed information on their smoking or alcohol consumption history, physical activity levels, obesity status, and any relevant medical management issues. If a relevant factor includes an injury or disease for which there is an existing Statement of Principles, the provisions of that Statement must also be complied with (paragraph 7). Breach of the obligations and requirements under this legislative instrument may lead to civil or criminal consequences. The specific offences, penalties, or consequences for breach are not detailed in this particular instrument, but generally, under the Veterans’ Entitlements Act 1986, penalties for providing false or misleading information can include fines, imprisonment, or both, depending on the severity and intent of the offence. The maximum penalties are determined by the specific provisions of the Act and relevant case law.

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Area of Law
Veterans’ Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Prohibited Conduct
Regulatory Standards
Catchwords
colorectal adenoma
relevant service

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