Statement of Principles concerning hiatus hernia (Balance of Probabilities) (No. 61 of 2022)
1Statement of Principles concerning hiatus hernia (Balance of Probabilities) (No. 61 of 2022)
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7 Kind of injury, disease or death to which this Statement of Principles relates
8 Basis for determining the factors
9 Factors that must exist
10 Relationship to service
11 Factors referring to an injury or disease covered by another Statement of Principles
Schedule 1 - Dictionary
1 Definitions
1 Name
This is the Statement of Principles concerning hiatus hernia (Balance of Probabilities) (No. 61 2022).
2 Commencement
This instrument commences on 25 July 2022.
3 Authority
This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986.
4 Repeal
The Statement of Principles concerning hiatus hernia No. 69 of 2014 (Federal Register of Legislation No. F2014L00925) made under subsection 196B(3) of the VEA is repealed.
5 Application
This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004 applies.
Section 1 - Statement of Principles concerning hiatus hernia (Balance of Probabilities) (No. 61 of 2022) - Statement of Principles concerning hiatus hernia (Balance of Probabilities) (No. 61 of 2022) | Zoe
6 Definitions
The terms defined in the Schedule 1 - Dictionary have the meaning given when used in this instrument.
7 Kind of injury, disease or death to which this Statement of Principles relates
(1) This Statement of Principles is about hiatus hernia and death from hiatus hernia.
Meaning of hiatus hernia
(2) For the purposes of this Statement of Principles, hiatus hernia:
(a) means an acquired protrusion of intra-abdominal tissue through the oesophageal hiatus of the diaphragm into the thoracic cavity; and
(b) includes:
(i) mixed sliding and paraoesophageal hiatus hernia;
(ii) paraoesophageal hiatus hernia; and
(iii) sliding hiatus hernia; and
(c) excludes:
(i) congenital hiatus hernia;
(ii) eventration of the diaphragm; and
(iii) physiological herniation during swallowing.
Note 1: Hiatus hernia is also known as hiatal hernia, and can be classified as type I, II, III or IV.
Note 2: Most patients are asymptomatic. The clinical features of hiatus hernia can include heartburn, regurgitation, chest pain, postprandial fullness, nausea and retching.
Death from hiatus hernia
(3) For the purposes of this Statement of Principles, hiatus hernia, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's hiatus hernia.
Note: terminal event is defined in the Schedule 1 – Dictionary.
8 Basis for determining the factors
On the sound medical‑scientific evidence available, the Repatriation Medical Authority is of the view that it is more probable than not that hiatus hernia and death from hiatus hernia can be related to relevant service rendered by veterans or members of the Forces under the VEA, or members under the MRCA.
Note: MRCA, relevant service and VEA are defined in the Schedule 1 – Dictionary.
9 Factors that must exist
At least one of the following factors must exist before it can be said that, on the balance of probabilities, hiatus hernia or death from hiatus hernia is connected with the circumstances of a person's relevant service:
(1) having a surgical procedure that involves the region of the oesophageal hiatus or affects the structures supporting the oesophageal hiatus, within the 2 years before the clinical onset of hiatus hernia;
Note: Examples of surgical procedures that can involve the region of the oesophageal hiatus or affect the structures supporting the oesophageal hiatus include bariatric surgery, coronary artery bypass grafting, gastrectomy, oesophagectomy and pulmonary lobe resection.
(2) having a blunt or penetrating injury, excluding a surgical procedure, to the region of the oesophageal hiatus, within the 2 years before the clinical onset of hiatus hernia;
(3) being obese for at least the 2 years before the clinical onset of hiatus hernia;
Note: being obese is defined in the Schedule 1 – Dictionary.
(4) being pregnant at the time of the clinical onset of hiatus hernia;
(5) having a surgical procedure that involves the region of the oesophageal hiatus or affects the structures supporting the oesophageal hiatus, within the 2 years before the clinical worsening of hiatus hernia;
Note: Examples of surgical procedures that can involve the region of the oesophageal hiatus or affect the structures supporting the oesophageal hiatus include bariatric surgery, coronary artery bypass grafting, gastrectomy, oesophagectomy and pulmonary lobe resection.
(6) having a blunt or penetrating injury, excluding a surgical procedure, to the region of the oesophageal hiatus, within the 2 years before the clinical worsening of hiatus hernia;
(7) being obese for at least the 2 years before the clinical worsening of hiatus hernia;
Note: being obese is defined in the Schedule 1 – Dictionary.
(8) being pregnant at the time of the clinical worsening of hiatus hernia;
(9) inability to obtain appropriate clinical management for hiatus hernia.
10 Relationship to service
(1) The existence in a person of any factor referred to in section 9, must be related to the relevant service rendered by the person.
(2) The factors set out in subsections 9(5) to 9(9) apply only to material contribution to, or aggravation of, hiatus hernia where the person's hiatus hernia was suffered or contracted before or during (but did not arise out of) the person's relevant service.
11 Factors referring to an injury or disease covered by another Statement of Principles
In this Statement of Principles:
(1) if a factor referred to in section 9 applies in relation to a person; and
(2) that factor refers to an injury or disease in respect of which a Statement of Principles has been determined under subsection 196B(3) of the VEA;
then the factors in that Statement of Principles apply in accordance with the terms of that Statement of Principles as in force from time to time.
Schedule 1 - Dictionary
Note: See Section 6
1 Definitions
In this instrument:
being obese means having a Body Mass Index (BMI) of 30 or greater.
Note: BMI is also defined in the Schedule 1 - Dictionary.
BMI means W/H2 where:
(a) W is the person's weight in kilograms; and
(b) H is the person's height in metres.
hiatus hernia—see subsection 7(2).
MRCA means the Military Rehabilitation and Compensation Act 2004.
relevant service means:
(a) eligible war service (other than operational service) under the VEA;
(b) defence service (other than hazardous service and British nuclear test defence service) under the VEA; or
(c) peacetime service under the MRCA.
Note: MRCA and VEA are also defined in the Schedule 1 - Dictionary.
terminal event means the proximate or ultimate cause of death and includes the following: