Statement of Principles concerning malignant neoplasm of the stomach (Balance of Probabilities) (No. 75 of 2023) (Cth)

Statement of Principles concerning MALIGNANT NEOPLASM OF THE STOMACH (Balance of Probabilities) (No. 75 of 2023) The Repatriation Medical Authority determines the following Statement of Principles under subsection 196B(3) of the Veterans' Entitlements Act 1986.

Dated 23 June 2023.

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 malignant neoplasm of the stomach (Balance of Probabilities) (No. 75 of 2023). 2 Commencement This instrument commences on 25 July 2023. 3 Authority This instrument is made under subsection 196B(3) of the Veterans' Entitlements Act 1986. 4 Repeal The Statement of Principles concerning malignant neoplasm of the stomach No. 59 of 2014 (Federal Register of Legislation No. F2014L00938) made under subsections 196B(3) and (8) of the VEA is repealed. 5 Application This instrument applies to a claim to which section 120B of the VEA or section 339 of the Military Rehabilitation and Compensation Act 2004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 malignant neoplasm of the stomach and death from malignant neoplasm of the stomach. Meaning of malignant neoplasm of the stomach (2) For the purposes of this Statement of Principles, malignant neoplasm of the stomach: (a) means a primary malignant neoplasm arising from the epithelial cells of the stomach; and (b) excludes: (i) stomach neuroendocrine tumours; (ii) gastroblastoma; (iii) haematolymphoid tumours including non-Hodgkin lymphoma, MALT lymphoma and Hodgkin lymphoma; (iv) malignant melanoma; and (v) mesenchymal tumours including soft tissue sarcoma. Note: The stomach extends from the lower border of the oesophageal sphincter, up to and including the pyloric sphincter. (3) While malignant neoplasm of the stomach attracts ICD‑10‑AM code C16, in applying this Statement of Principles the meaning of malignant neoplasm of the stomach is that given in subsection (2). (4) For subsection (3), a reference to an ICD-10-AM code is a reference to the code assigned to a particular kind of injury or disease in The International Statistical Classification of Diseases and Related Health Problems, Tenth Revision, Australian Modification (ICD-10-AM), Tenth Edition, effective date of 1 July 2017, copyrighted by the Independent Hospital Pricing Authority, ISBN 978-1-76007-296-4. Death from malignant neoplasm of the stomach (5) For the purposes of this Statement of Principles, malignant neoplasm of the stomach, in relation to a person, includes death from a terminal event or condition that was contributed to by the person's malignant neoplasm of the stomach. 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 malignant neoplasm of the stomach and death from malignant neoplasm of the stomach 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, malignant neoplasm of the stomach or death from malignant neoplasm of the stomach is connected with the circumstances of a person's relevant service: (1) having smoked tobacco products: (a) in an amount of at least 25 pack-years before the clinical onset of malignant neoplasm of the stomach; and (b) commencing at least 10 years before the clinical onset of malignant neoplasm of the stomach; and if smoking has ceased before the clinical onset of malignant neoplasm of the stomach, then that onset occurred within 15 years of cessation; Note: one pack-year is defined in the Schedule 1 – Dictionary. (2) having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the stomach at least 10 years before the clinical onset of malignant neoplasm of the stomach; Note: cumulative equivalent dose is defined in the Schedule 1 – Dictionary. (3) having infection with Helicobacter pylori at least 10 years before the clinical onset of malignant neoplasm of the stomach; (4) having chronic atrophic gastritis, where the chronic atrophic gastritis commenced at least 5 years before the clinical onset of malignant neoplasm of the stomach; Note: chronic atrophic gastritis is defined in the Schedule 1 – Dictionary. (5) having undergone a partial gastrectomy at least 10 years before the clinical onset of malignant neoplasm of the stomach; (6) for cardia stomach carcinoma only, being obese for at least the 5 years before the clinical onset of malignant neoplasm of the stomach; Note: cardia stomach carcinoma and being obese are defined in the Schedule 1 – Dictionary. (7) having a gastric ulcer at least 10 years before the clinical onset of malignant neoplasm of the stomach; (8) having an autoimmune disease from the specified list of autoimmune diseases at the time of the clinical onset of malignant neoplasm of the stomach; Note: specified list of autoimmune diseases is defined in the Schedule 1 – Dictionary. (9) for non-cardia stomach carcinoma only, taking a proton pump inhibitor drug for at least a continuous period of 2 year within the 5 years before the clinical onset of malignant neoplasm of the stomach, and where the last dose of the drug was taken at least 1 year before the clinical onset of malignant neoplasm of the stomach; Note: non-cardia stomach carcinoma is defined in the Schedule 1 – Dictionary. (10) inability to obtain appropriate clinical management for malignant neoplasm of the stomach before the clinical worsening of malignant neoplasm of the stomach. 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 factor set out in subsection 9(10) applies only to material contribution to, or aggravation of, malignant neoplasm of the stomach where the person's malignant neoplasm of the stomach 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.