Document ID: chunk:federal_register_of_legislation:F2014L00924:body:0:p1
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Statement of Principles
concerning

HIATUS HERNIA

No. 68 of 2014

for the purposes of the

Veterans' Entitlements Act 1986
and
Military Rehabilitation and Compensation Act 2004

Title

1. This Instrument may be cited as Statement of Principles concerning hiatus hernia No. 68 of 2014.

Determination

2. The Repatriation Medical Authority under subsection 196B(2) and (8) of the Veterans' Entitlements Act 1986 (the VEA):

(a) revokes Instrument No. 17 of 2004 concerning hiatus hernia; and

(b) determines in its place this Statement of Principles.

Kind of injury, disease or death

         3. (a) This Statement of Principles is about hiatus hernia and death from hiatus hernia.

         (b)               For the purposes of this Statement of Principles, "hiatus hernia", also known as hiatal hernia, means an acquired protrusion of part of the abdominal viscera into the mediastinum through the oesophageal hiatus of the diaphragm.  This definition includes sliding hiatus hernia, paraoesophageal hiatus hernia, and mixed sliding and paraoesophageal hiatus hernia, but excludes congenital hiatus hernia, eventration of the diaphragm, and physiological herniation during swallowing.

         (c)                Hiatus hernia attracts ICD-10-AM code K44.

         (d)               In the application of this Statement of Principles, the definition of "hiatus hernia" is that given at paragraph 3(b) above.

Basis for determining the factors

4. The Repatriation Medical Authority is of the view that there is sound medical-scientific evidence that indicates that hiatus hernia and death from hiatus hernia can be related to relevant service rendered by veterans, members of Peacekeeping Forces, or members of the Forces under the VEA, or members under the Military Rehabilitation and Compensation Act 2004 (the MRCA).

Factors that must be related to service

5. Subject to clause 7, at least one of the factors set out in clause 6 must be related to the relevant service rendered by the person.

Factors

6. The factor that must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting hiatus hernia or death from hiatus hernia with the circumstances of a person's relevant service is:

         (a)                undergoing bariatric surgery, pulmonary resection or lobectomy, or a surgical procedure involving the region of the oesophageal hiatus of the diaphragm, excluding Nissen fundoplication or surgical hiatus hernia repair procedure, within the two years before the clinical onset of hiatus hernia; or

         (b)               undergoing a partial or total gastrectomy within the three months before the clinical onset of hiatus hernia; or

         (c)                being obese for a continuous period of at least the two years before the clinical onset of hiatus hernia; or

         (d)               having a penetrating or blunt wound, excluding a surgical procedure, to the region of the oesophageal hiatus of the diaphragm, within the five years before the clinical onset of hiatus hernia; or