Statement of
Principles
concerning
CHOLELITHIASIS
icd code
574
Veterans’ Entitlements Act 1986
subsection 196B(3)
1. Being
of the view that, on the sound medical-scientific evidence available to the
Repatriation Medical Authority, it is more probable than not that cholelithiasis
and death from cholelithiasis can be related to eligible war service (other
than operational service) rendered by veterans and defence service (other than
hazardous service) rendered by members of the Forces, the Repatriation Medical
Authority determines, under subsection 196B(3) of the Veterans’ Entitlements
Act 1986, that the factors that must exist before it can be said that, on
the balance of probabilities, cholelithiasis or death from cholelithiasis
is connected with the circumstances of that service, are:
(a) having a course of treatment
with clofibrate where:
(i) the course of treatment had
continued for at least 180 days before the clinical onset of signs or symptoms
of cholesterol stones; and
(ii) the clinical onset of signs
or symptoms of cholesterol stones occured either while that treatment was
continuing or within 90 days of cessation of that treatment; or
(b) suffering from hepatic
cirrhosis before the clinical onset of signs or symptoms of pigment stones; or
(c) suffering from chronic
haemolysis before the clinical onset of signs or symptoms of pigment stones; or
(d) suffering from ileal disease,
or having had an ileal resection, at least 180 days before the clinical onset
of signs or symptoms of cholesterol stones; or
(e) suffering from mature onset
diabetes mellitus before the clinical onset of signs or symptoms of cholesterol
stones; or
(f) having had total parenteral
nutrition (TPN) where:
(i) TPN occured for at least
three weeks before the clinical onset of signs or symptoms of cholesterol
stones; and
(ii) the clinical onset of signs
or symptoms of cholesterol stones occured either while TPN was continuing or
within four weeks of its cessation; or
(g) having had treatment with
oestrogen therapy where:
(i) the treatment occured for at
least 180 days before the clinical onset of signs or symptoms of cholesterol
stones; and
(ii) the clinical onset of signs
or symptoms of cholesterol stones occured either while treatment was continuing
or within 90 days of cessation of treatment; or
(h) having had obesity where:
(i) the obesity was present for
at least 180 days before the clinical onset of signs or symptoms of cholesterol
stones; and
(ii) the clinical onset of signs
or symptoms of cholesterol stones occured either while obese or within 90 days
of ceasing to be obese; or
(j) inability to obtain
approriate clinical management cholelithiasis.
2. Subject to clause 3 (below)
at least one of the factors set out in paragraphs 1(a) to 1(j) must be
related to any service rendered by a person.
3. The
factor set out in paragraph 1(j) applies only where:
(a) the person’s cholelithiasis
was contracted before a period, or part of a period, of service to which the
factor is related; and
(b) the relationship suggested between
the cholelithiasis and the particular service of a person is a relationship
set out in paragraph 8(1)(e), 9(1)(e) or 70(5)(d) of the Act
4. For
the purposes of this Statement of Principles:
“cholelithiasis” or gallstones means calculus of the gall bladder or bile ducts formed
by accretion or concretion of bile constituents, attracting ICD code 574
“cholesterol stones” means gallstones that consist predominantly of
cholesterol;
“chronic haemolysis” means continuing or long lasting abnormal breakdown of red blood
cells;
“ICD code”
means a number assigned to a particular kind of injury or disease in the tenth
edition of the International Classification of Diseases 9th Revision,
effective date of 1 October 1993, copyrighted by the US Commission on
Professional and Hospital Activities, and having the Library of Congress number
77-94472;
“obesity” means
having a Body Mass Index (BMI) greater than 30, where:
and where:
W is the
person’s weight in kilograms; and
H is the
person’s height in metres;
(for example, a person would be obese if the person
weighed 120kg and was 1.8 metres in height: BMI = 120(1.8×1.8) = 37.04);
“pigment stones” means gallstones that are dark black to brown in colour, consisting
predominantly of calcium bilirubinate;
“total parenteral nutrition” means continuous intravenous drip feeding with no
other feeding via mouth or gut.
Notes to Statement of Principles concerning
cholelithiasis (Instrument No. 34 of 1994)
The Statement of Principles concerning cholelithiasis
(Instrument No. 34 of 1994) in force under section 196B(3) of the Veterans’
Entitlements Act 1986, as shown in this compilation is amended as indicated
in the Tables below.
Table
of Instruments
|
Title
|
Date of notification
in Gazette or FRLI registration
|
Date of
commencement
|
Application, saving or
transitional provisions
|
|
Statement
of Principles concerning cholelithiasis (Instrument No. 34 of 1994)
|
28 September 1995
(see Gazette 1995, No. GN38)
|
28 September 1995
|
|
|
Amendment
of Statement of Principles concerning cholelithiasis (Instrument No. 224 of
1995)
|
7 June 1995
(see Gazette 1995, No. GN22)
|
7 June 1995
|
|
|
Amendment
of Statement of Principles concerning cholelithiasis (Instrument No. 10 of
2002)
|
16 January 2002
(see Gazette 2002, No. GN2)
|
16 January 2002
|
|
Table of Amendments
|
ad. = added or inserted am. = amended
rep. = repealed rs. = repealed and substituted
|
|
Provision affected
|
How affected
|
|
Paragraph 4 – ‘cholelithiasis’..................
|
ad. Instrument No.224 of 1995
|
|
Paragraph 4 – ‘mature onset diabetes mellitus’
|
rep.. Instrument No. 10 of 2002
|