Statement of Principles

concerning

Instrument No. 34 of 1994 as amended

made under section 196B(3) of the

Veterans’ Entitlements Act 1986

This compilation was prepared on 13 March 2006 taking into account Amendment of Statement of Principles concerning CHOLELITHIASIS (Instrument Nos. 224 of 1995 and 10 of 2002)

Prepared by the Repatriation Medical Authority Secretariat, Brisbane

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:

 

BMI =

W

 

H2

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