Statement of Principles concerning chronic gastritis and chronic gastropathy (Balance of Probabilities) (No. 102 of 2021) (Cth)

Statement of Principles concerning CHRONIC GASTRITIS AND CHRONIC GASTROPATHY (Balance of Probabilities) (No. 102 of 2021) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 1 October 2021

The Common Seal of the Repatriation Medical Authority was affixed to this instrument at the direction of:

Professor Terence Campbell AM Chairperson

Contents 1 Name 2 Commencement 3 Authority 4 Repeal 5 Application 6 Definitions 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 chronic gastritis and chronic gastropathy (Balance of Probabilities) (No. 102 of 2021). 2 Commencement This instrument commences on 1 November 2021. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning chronic gastritis and chronic gastropathy No. 26 of 2013 (Federal Register of Legislation No. F2013L00722) made under subsections 196B(3) and (8) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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. 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 chronic gastritis and chronic gastropathy and death from chronic gastritis and chronic gastropathy. Meaning of chronic gastritis and chronic gastropathy (2) For the purposes of this Statement of Principles: (a) chronic gastritis means inflammation of the gastric mucosa with histologically demonstrated chronic inflammatory cell infiltrate; and (b) chronic gastropathy means: (i) histologically demonstrated gastric epithelial cell damage and regeneration with minimal or no associated inflammation; and (ii) the presence of clinical manifestations that have persisted for at least 3 consecutive months. Note: Clinical manifestations of chronic gastritis and chronic gastropathy typically include epigastric pain, nausea, bloating and burning. (c) Chronic gastritis and chronic gastropathy exclude: (i) acute gastritis; (ii) acute gastropathy; (iii) autoimmune gastritis; (iv) chronic non-infectious granulomatous gastritis; (v) eosinophilic gastritis; (vi) gastric antral vascular ectasia; (vii) ischaemic gastritis; (viii) lymphocytic gastritis; (ix) portal hypertensive gastropathy; (x) stress gastritis/ulcer; and (xi) uraemic gastritis. Death from chronic gastritis and chronic gastropathy (3) For the purposes of this Statement of Principles, chronic gastritis or chronic gastropathy, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's chronic gastritis or chronic gastropathy. 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 chronic gastritis or chronic gastropathy and death from chronic gastritis or chronic gastropathy 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, chronic gastritis or chronic gastropathy or death from chronic gastritis or chronic gastropathy is connected with the circumstances of a person's relevant service: (1) for chronic gastritis only: (a) having a Helicobacter pylori infection of the gastric mucosa before the clinical onset of chronic gastritis;