Statement of Principles concerning irritable bowel syndrome No. 104 of 1996

Administered by Department of Veterans' Affairs

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Instrument No.104 of 1996

 

Determination

of

Statement of Principles

concerning

IRRITABLE BOWEL SYNDROME

ICD CODE: 564.1

 

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 irritable bowel syndrome and death from irritable bowel syndrome.

 

 (b) For the purposes of this Statement of Principles, “irritable bowel syndrome” means a heterogeneous group of disorders of diverse symptomatology in which abdominal pain is associated with defaecation or changes in bowel habit, and with features of disordered defeacation and with distention, and which is characterised by the following symptom criteria:

 

At least three months, continuous or recurrent symptoms of:

 

(A) Abdominal pain or discomfort which is

  • relieved by defaecation;
  • and/or associated with a change in frequency of stool;
  • and/or associated with a change in consistency of stool;

 

plus

 

(B) An irregular pattern of defaecation at least 25% of the time, consisting of two or more of the following:

 

  • altered stool frequency;
  • altered stool form (lumpy/hard or loose/watery);
  • altered stool passage (straining, urgency, or feeling of incomplete evacuation);
  • passage of mucus;
  • bloating or feeling of abdominal distension,

 

attracting ICD code 564.1.

 

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 irritable bowel syndrome 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, the factors set out in the paragraphs 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, irritable bowel syndrome or death from irritable bowel syndrome is connected with the circumstances of a person’s relevant service are:

 

(a) suffering a specified psychiatric condition within the six months immediately before the clinical onset of irritable bowel syndrome; or

 

(b) suffering an episode of severe diarrhoea within the six months immediately before the clinical onset of irritable bowel syndrome; or

 

(c) suffering a specified psychiatric condition within the six months immediately before the clinical worsening of irritable bowel syndrome; or

 

(d) suffering an episode of severe diarrhoea within the six months immediately before the clinical worsening of irritable bowel syndrome; or

 

 

(e) inability to obtain appropriate clinical management for irritable bowel syndrome.

 

Factors that apply only to material contribution or aggravation

6. Paragraphs 5(c) to 5(e) apply only to material contribution to, or aggravation of, irritable bowel syndrome where the person’s irritable bowel syndrome 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.

 

Other definitions

7. For the purposes of this Statement of Principles:

 

“a specified psychiatric condition ” means:

 

(a) a psychiatric condition with features of anxiety, including:  

 

(i) generalised anxiety disorder, ICD code 300.02; or

(ii) panic disorder, ICD code 300.01; or

(iii) adjustment disorder with features of anxiety, ICD code 309.24, 309.28, 309.3, 309.4, or 309.9; or

(iv) post traumatic stress disorder, ICD code 309.81; or

 

(b) a psychiatric condition with depressive features, including:

 

(i) major depressive disorder, ICD code 296.2 or 296.3; or

(ii) neurotic depression, ICD code 300.4; or

(iii) other depressive disorders, ICD code 311; or

(iv) adjustment disorder with depressed mood, ICD code 309.0, 309.1, 309.4 or 309.28;

 

“episode of severe diarrhoea” means the acute onset of an illness characterised by the passage of frequent loose watery motions accompanied by a marked urgency to defaecate, caused by an infective organism, and of sufficient severity to warrant medical attention, or in the absence of medical intervention, lasting at least four days;

 

“ICD code” means a number assigned to a particular kind of injury or disease in the Australian Version of The International Classification of Diseases, 9th revision, Clinical Modification (ICD-9-CM), effective date of 1 July 1996, copyrighted by the National Coding Centre, Faculty of Health Sciences, University of Sydney, NSW, and having ISBN 0 642 24447 2;

 

 

“relevant service” means:

 

(a) eligible war service (other than operational service); or

(b) defence service (other than hazardous service).

 

 

Dated this Sixteenth  day of   August              1996

 

 

The Common Seal of the    )

Repatriation Medical Authority   )

was affixed to this instrument  )

in the presence of    )

 

KEN DONALD

CHAIRMAN

Overview

The Veterans' Entitlements Act 1986, enacted by the Parliament of Australia, was designed to address the needs of veterans and members of the Australian Defence Force by providing a framework for entitlements and benefits. One significant gap it sought to fill was the recognition and support for veterans suffering from health conditions that could be linked to their service. This legislative instrument, Determination of Statement of Principles concerning Irritable Bowel Syndrome (ICD Code: 564.1), specifically targets irritable bowel syndrome (IBS), a chronic condition affecting the gastrointestinal tract, which can have severe impacts on veterans' quality of life. The Repatriation Medical Authority, acting under the authority of the Act, established this Statement of Principles to provide a clear understanding and recognition of IBS as a condition potentially related to veterans' service, thereby facilitating appropriate compensation and support for affected individuals.

Scope and Application

This Statement of Principles concerning Irritable Bowel Syndrome (IBS) under the Veterans' Entitlements Act 1986 applies to veterans and members of the Australian Defence Forces who suffer from IBS or have died from the condition. The determination is focused on establishing a connection between IBS and relevant service rendered by veterans, which includes eligible war service and defence service, excluding hazardous service. The Statement outlines specific symptom criteria for IBS, including chronic abdominal pain and irregular defecation patterns, aligning with ICD code 564.1. To establish a link to service, the individual must have experienced a specified psychiatric condition or an episode of severe diarrhoea within six months before the onset or worsening of IBS symptoms, or have faced difficulties in obtaining appropriate clinical management for IBS. The application of these criteria is restricted to cases where IBS was present before or during service but not arising out of service. The Repatriation Medical Authority determines these factors based on available medical-scientific evidence, providing a framework for veterans to claim entitlements related to their IBS under the Act.

Key Provisions

This Statement of Principles, determined under section 196B(3) of the Veterans’ Entitlements Act 1986, addresses irritable bowel syndrome (IBS) and death from IBS. It defines IBS as a condition with chronic abdominal pain, changes in bowel habits, and distention, with symptoms persisting for at least three months. The criteria for IBS include abdominal pain relieved by defecation, changes in stool frequency or consistency, and irregular defecation patterns such as altered stool frequency or form, straining, urgency, or mucus passage. The ICD code for IBS is 564.1. The Repatriation Medical Authority has determined that IBS can likely be related to relevant service rendered by veterans or members of the Defence Force based on available medical-scientific evidence. To connect IBS to relevant service, certain factors must be present. These include suffering a specified psychiatric condition within six months before the onset of IBS, experiencing an episode of severe diarrhoea within the same timeframe, suffering a psychiatric condition or severe diarrhoea within six months before the clinical worsening of IBS, or being unable to obtain appropriate clinical management for IBS. These factors are essential for establishing a link between IBS and the individual's service. The Statement of Principles also provides definitions for key terms. A "specified psychiatric condition" includes conditions with anxiety or depressive features, such as generalised anxiety disorder, panic disorder, major depressive disorder, and adjustment disorders. An "episode of severe diarrhoea" refers to an acute illness with frequent loose watery motions, urgency to defecate, and a severity warranting medical attention or lasting at least four days. "Relevant service" includes eligible war service or defence service, excluding operational or hazardous service. The Statement of Principles sets out the obligations and requirements for parties involved. For veterans or members of the Defence Force to establish a connection between their IBS and their service, they must demonstrate that the required factors are present. This involves providing evidence of specified psychiatric conditions or severe diarrhoea episodes within the specified timeframes and showing the inability to obtain appropriate clinical management. Additionally, the Statement of Principles mandates that the factors must be related to the person's relevant service, excluding service that is operational or hazardous. In terms of consequences for breach, the Statement of Principles does not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance. However, under the Veterans’ Entitlements Act 1986, misrepresentation or fraudulent claims could lead to penalties. These may include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties would be in accordance with the relevant provisions of the Act, which could involve substantial financial penalties and imprisonment terms.

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