SoP LibraryMalignant neoplasm of the kidney

Statement of Principles

Malignant neoplasm of the kidney — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Malignant neoplasm of the kidney. DVA can only accept a claim for Malignant neoplasm of the kidney if at least one of these factors is met and connected to your service. Reasonable Hypothesis (RH) applies to operational service; Balance of Probabilities (BoP) applies to peacetime service.

Source: Repatriation Medical Authority Statements of Principles as held by the Veterans Health Centre. SoPs are amended and replaced regularly; always confirm the current instrument at rma.gov.au before relying on it.

Malignant neoplasm of the kidney

RH No. 41 of 2021 · BoP No. 42 of 202131 factors

Meaning of malignant neoplasm of the kidney: For the purposes of this Statement of Principles, malignant neoplasm of the kidney: (a) means a primary malignant neoplasm arising from the renal tubular epithelium; and (b) includes renal medullary carcinoma; and (c) excludes: (i) carcinoid tumour; (ii) Hodgkin's lymphoma; (iii) malignant neoplasm of the renal pelvis; (iv) non-Hodgkin lymphoma; and (v) soft tissue sarcoma.

Reasonable Hypothesis (RH) — Statement of Principles No. 41 of 2021

At least one of the following factors must as a minimum exist before it can be said that a reasonable hypothesis has been raised connecting malignant neoplasm of the kidney or death from malignant neoplasm of the kidney with the circumstances of a person's relevant service:

  1. (1)
    having hypertension for a period of at least two years before the clinical onset of malignant neoplasm of the kidney;
  2. (2)
    being overweight or obese for at least three years within the 20 years before the clinical onset of malignant neoplasm of the kidney;

    Note: being overweight or obese is defined in the Schedule 1 - Dictionary.

  3. (3)
    having smoked tobacco products: (a) in an amount of at least ten pack-years before the clinical onset of malignant neoplasm of the kidney; and (b) commencing at least five years before the clinical onset of malignant neoplasm of the kidney; and if smoking has ceased before the clinical onset of malignant neoplasm of the kidney, then that onset occurred within 30 years of cessation;

    Note: pack-year is defined in the Schedule 1 - Dictionary.

  4. (4)
    having been exposed to second-hand smoke: (a) for at least 10,000 hours before the clinical onset of malignant neoplasm of the kidney; and (b) commencing at least five years before the clinical onset of malignant neoplasm of the kidney; and if exposure to second-hand smoke has ceased before the clinical onset of malignant neoplasm of the kidney, then that onset occurred within 30 years of cessation;

    Note: having been exposed to second-hand smoke is defined in the Schedule 1 - Dictionary.

  5. (5)
    inhaling respirable asbestos fibres in an enclosed space, at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed: (a) for a cumulative period of at least 1,000 hours before the clinical onset of malignant neoplasm of the kidney; and (b) where the first inhalation of asbestos fibres commenced at least five years before the clinical onset of malignant neoplasm of the kidney;

    Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an enclosed space may result in exposure to respirable asbestos fibres.

  6. (6)
    inhaling respirable asbestos fibres in an open environment, at the time material containing asbestos was being applied, removed, cut, drilled, dislodged or disturbed: (a) for a cumulative period of at least 3,000 hours before the clinical onset of malignant neoplasm of the kidney; and (b) where the first inhalation of asbestos fibres commenced at least five years before the clinical onset of malignant neoplasm of the kidney;

    Note: Disturbance of debris or dust contaminated with asbestos fibres already present in an open environment may result in exposure to respirable asbestos fibres.

  7. (7)
    inhaling cadmium fumes: (a) for a cumulative period of at least 3,000 hours before the clinical onset of malignant neoplasm of the kidney; and (b) where the first inhalation of fumes occurred at least five years before the clinical onset of malignant neoplasm of the kidney;

    Note: cadmium fumes is defined in the Schedule 1 - Dictionary.

  8. (8)
    inhaling, ingesting or having cutaneous contact with trichloroethylene: (a) for a cumulative period of at least 1,000 hours, within a consecutive period of ten years, before the clinical onset of malignant neoplasm of the kidney; and (b) where the first exposure occurred at least five years before the clinical onset of malignant neoplasm of the kidney;
  9. (9)
    being exposed to arsenic as specified before the clinical onset of malignant neoplasm of the kidney, where the first exposure to arsenic occurred at least ten years before the clinical onset of malignant neoplasm of the kidney;

    Note: being exposed to arsenic as specified is defined in the Schedule 1 - Dictionary.

  10. (10)
    having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to the kidney at least five years before the clinical onset of malignant neoplasm of the kidney;

    Note: cumulative equivalent dose is defined in the Schedule 1 - Dictionary.

  11. (11)
    having chronic kidney disease before the clinical onset of malignant neoplasm of the kidney;

    Note: chronic kidney disease is defined in the Schedule 1 - Dictionary.

  12. (12)
    having renal stone disease involving the affected kidney at least five years before the clinical onset of malignant neoplasm of the kidney;
  13. (13)
    having diabetes mellitus for at least five years before the clinical onset of malignant neoplasm of the kidney;
  14. (14)
    for renal medullary carcinoma only, having sickle cell disorder before the clinical onset of renal medullary carcinoma;
  15. (15)
    an inability to consume an average of at least 200 grams per day of any combination of fruits and vegetables, for a period of at least five consecutive years within the 20 years before the clinical onset of malignant neoplasm of the kidney;
  16. (16)
    an inability to undertake any physical activity greater than three METs for at least ten years within the 30 years before the clinical onset of malignant neoplasm of the kidney;

    Note: MET is defined in the Schedule 1 - Dictionary.

  17. (17)
    undergoing organ or tissue transplantation, excluding corneal transplant, before the clinical onset of malignant neoplasm of the kidney;

    Note: organ or tissue transplantation is defined in the Schedule 1 - Dictionary.

  18. (18)
    taking a non-topical non-steroidal anti-inflammatory drug, excluding aspirin, on at least 15 days per month for at least ten years before the clinical onset of malignant neoplasm of the kidney;
  19. (19)
    using manual welding equipment for welding metal: (a) for a cumulative period of at least 3,000 hours before the clinical onset of malignant neoplasm of the kidney; and (b) where that use began at least five years before the clinical onset of malignant neoplasm of the kidney;
  20. (20)
    inability to obtain appropriate clinical management for malignant neoplasm of the kidney;

Aggravation-only factors: the factors in subsection 9(20) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.

Balance of Probabilities (BoP) — Statement of Principles No. 42 of 2021

11 factors

At least one of the following factors must exist before it can be said that, on the balance of probabilities, malignant neoplasm of the kidney or death from malignant neoplasm of the kidney is connected with the circumstances of a person's relevant service:

  1. (1)
    having hypertension for a period of at least five years before the clinical onset of malignant neoplasm of the kidney;
  2. (2)
    being overweight or obese for at least five years within the 20 years before the clinical onset of malignant neoplasm of the kidney;

    Note: being overweight or obese is defined in the Schedule 1 - Dictionary.

  3. (3)
    having smoked tobacco products: (a) in an amount of at least 20 pack-years before the clinical onset of malignant neoplasm of the kidney; and (b) commencing at least ten years before the clinical onset of malignant neoplasm of the kidney; and if smoking has ceased before the clinical onset of malignant neoplasm of the kidney, then that onset occurred within 30 years of cessation;

    Note: pack-year is defined in the Schedule 1 - Dictionary.

  4. (4)
    inhaling, ingesting or having cutaneous contact with trichloroethylene: (a) for a cumulative period of at least 2,000 hours, within a consecutive period of ten years, before the clinical onset of malignant neoplasm of the kidney; and (b) where the first exposure occurred at least five years before the clinical onset of malignant neoplasm of the kidney;
  5. (5)
    having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to the kidney at least ten years before the clinical onset of malignant neoplasm of the kidney;

    Note: cumulative equivalent dose is defined in the Schedule 1 - Dictionary.

  6. (6)
    having chronic kidney disease before the clinical onset of malignant neoplasm of the kidney;

    Note: chronic kidney disease is defined in the Schedule 1 - Dictionary.

  7. (7)
    for renal medullary carcinoma only, having sickle cell disorder before the clinical onset of renal medullary carcinoma;
  8. (8)
    an inability to consume an average of at least 200 grams per day of any combination of fruits and vegetables, for a period of at least five consecutive years within the 20 years before the clinical onset of malignant neoplasm of the kidney;
  9. (9)
    an inability to undertake any physical activity greater than three METs for at least 20 years within the 30 years before the clinical onset of malignant neoplasm of the kidney;

    Note: MET is defined in the Schedule 1 - Dictionary.

  10. (10)
    undergoing organ or tissue transplantation, excluding corneal transplant, before the clinical onset of malignant neoplasm of the kidney;

    Note: organ or tissue transplantation is defined in the Schedule 1 - Dictionary.

  11. (11)
    inability to obtain appropriate clinical management for malignant neoplasm of the kidney;

Aggravation-only factors: the factors in subsection 9(11) apply only to material contribution to, or aggravation of, the condition where it was suffered or contracted before or during (but did not arise out of) the person’s relevant service.

A VHC Diagnostic Assessment addresses each of these factors one by one against your service record and clinical history. See how a VHC DVA claim works, see all fees ($600 + GST per stage) or book an appointment.

About Dr Thomas Perkins

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Founding doctor of the Veterans Health Centre in Ipswich, Queensland, and one of Australia's most experienced practitioners in veterans' medicolegal medicine.

Dr Perkins has spent more than thirteen years working exclusively with current and former ADF members — treating their conditions, writing their reports and navigating the DVA system alongside them. With over 100,000 claims submitted and 2,000 Permanent Impairment Assessments completed, he has seen precisely what separates an accepted claim from a rejected one at every level, from initial liability to the Veterans' Review Board.

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