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Statement of Principles

Malignant neoplasm of unknown primary site — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Malignant neoplasm of unknown primary site. DVA can only accept a claim for Malignant neoplasm of unknown primary site 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 unknown primary site

RH No. 103 of 2022 · BoP No. 104 of 202216 factors

Meaning of malignant neoplasm of unknown primary site: For the purposes of this Statement of Principles, malignant neoplasm of unknown primary site: (a) means a histologically confirmed metastatic malignant neoplasm for which the primary tumour site cannot be identified after a complete history, physical examination and appropriate diagnostic investigations have been carried out; and (b) excludes: (i) haematolymphoid tumours (including non-Hodgkin lymphoma and Hodgkin's lymphoma); (ii) malignant melanoma; and (iii) mesenchymal tumours (including soft tissue sarcoma).

Reasonable Hypothesis (RH) — Statement of Principles No. 103 of 2022

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 unknown primary site or death from malignant neoplasm of unknown primary site with the circumstances of a person's relevant service:

  1. (1)
    having smoked tobacco products: (a) in an amount of at least 10 pack-years before the clinical onset of malignant neoplasm of unknown primary site; and (b) commencing at least 5 years before the clinical onset of malignant neoplasm of unknown primary site; and if smoking has ceased before the clinical onset of malignant neoplasm of unknown primary site, then that onset occurred within 20 years of cessation;

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

  2. (2)
    consuming alcohol: (a) in an amount of at least 200 kilograms before the clinical onset of malignant neoplasm of unknown primary site; and (b) where consumption of alcohol commenced at least 5 years before the clinical onset of malignant neoplasm of unknown primary site; and if consumption of alcohol has ceased before the clinical onset of malignant neoplasm of unknown primary site, then that onset occurred within 40 years of cessation;

    Note: Alcohol consumption is calculated utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink.

  3. (3)
    having received a cumulative equivalent dose of at least 0.1 sievert of ionising radiation to at least one location in the body, at least 5 years before the clinical onset of malignant neoplasm of unknown primary site;

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

  4. (4)
    for squamous cell carcinoma of unknown primary site of the head and neck only, having infection of the epithelium of the: (a) oral cavity; (b) oropharynx; or (c) larynx; with human papillomavirus type 16 or 18 before the clinical onset of malignant neoplasm of unknown primary site;

    Note: squamous cell carcinoma of unknown primary site of the head and neck is defined in the Schedule 1 - Dictionary.

  5. (5)
    for squamous cell carcinoma of unknown primary site involving the inguinal lymph nodes only, having infection of the epithelium of the: (a) anus or anal canal; (b) cervix; (c) penis; (d) vagina; or (e) vulva; with a specified human papillomavirus before the clinical onset of malignant neoplasm of unknown primary site;

    Note: specified human papillomavirus is defined in the Schedule 1 - Dictionary.

  6. (6)
    for squamous cell carcinoma of unknown primary site of the head and neck only, having infection with Epstein-Barr virus before the clinical onset of malignant neoplasm of unknown primary site;

    Note: squamous cell carcinoma of unknown primary site of the head and neck is defined in the Schedule 1 - Dictionary.

  7. (7)
    having diabetes mellitus before the clinical onset of malignant neoplasm of unknown primary site;
  8. (8)
    for adenocarcinoma of unknown primary site only, consuming an average of at least 25 grams per day of processed meat product, for at least 5 consecutive years within the 20 years before the clinical onset of malignant neoplasm of unknown primary site;

    Note: processed meat product is defined in the Schedule 1 - Dictionary.

  9. (9)
    inability to obtain appropriate clinical management for malignant neoplasm of unknown primary site;

Aggravation-only factors: the factors in subsection 9(9) 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. 104 of 2022

7 factors

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

  1. (1)
    having smoked tobacco products: (a) in an amount of at least 20 pack-years before the clinical onset of malignant neoplasm of unknown primary site; and (b) commencing at least 5 years before the clinical onset of malignant neoplasm of unknown primary site; and if smoking has ceased before the clinical onset of malignant neoplasm of unknown primary site, then that onset occurred within 20 years of cessation;

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

  2. (2)
    consuming alcohol: (a) in an amount of at least 200 kilograms before the clinical onset of malignant neoplasm of unknown primary site; and (b) where consumption of alcohol commenced at least 5 years before the clinical onset of malignant neoplasm of unknown primary site; and if consumption of alcohol has ceased before the clinical onset of malignant neoplasm of unknown primary site, then that onset occurred within 40 years of cessation;

    Note: Alcohol consumption is calculated utilising the Australian Standard of 10 grams of alcohol per standard alcoholic drink.

  3. (3)
    having received a cumulative equivalent dose of at least 0.5 sievert of ionising radiation to at least one location in the body, at least 5 years before the clinical onset of malignant neoplasm of unknown primary site;

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

  4. (4)
    for squamous cell carcinoma of unknown primary site of the head and neck only, having infection of the epithelium of the: (a) oral cavity; (b) oropharynx; or (c) larynx; with human papillomavirus type 16 or 18 before the clinical onset of malignant neoplasm of unknown primary site;

    Note: squamous cell carcinoma of unknown primary site of the head and neck is defined in the Schedule 1 - Dictionary.

  5. (5)
    for squamous cell carcinoma of unknown primary site involving the inguinal lymph nodes only, having infection of the epithelium of the: (a) anus or anal canal; (b) cervix; (c) penis; (d) vagina; or (e) vulva; with a specified human papillomavirus before the clinical onset of malignant neoplasm of unknown primary site;

    Note: specified human papillomavirus is defined in the Schedule 1 - Dictionary.

  6. (6)
    for squamous cell carcinoma of unknown primary site of the head and neck only, having infection with Epstein-Barr virus before the clinical onset of malignant neoplasm of unknown primary site;

    Note: squamous cell carcinoma of unknown primary site of the head and neck is defined in the Schedule 1 - Dictionary.

  7. (7)
    inability to obtain appropriate clinical management for malignant neoplasm of unknown primary site;

Aggravation-only factors: the factors in subsection 9(7) 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.

Accepted — what is it worth?

A Statement of Principles decides one thing only: whether DVA accepts liability for malignant neoplasm of unknown primary site. It says nothing about how much you are paid. Compensation is worked out separately, from impairment points under the GARP — so a condition can be accepted and still rate few points, or rate more than you expect once it is combined with everything else on your file.

Part of DVA Claims — Cancer & tumours — every Statement of Principles covering cancer and tumours.

Others in this area:

Dr Thomas Perkins, Veterans Health Centre

Reviewed by Dr Thomas Perkins

Founding doctor, Veterans Health Centre · former RAAF aviation medical officer · 13 years working exclusively with ADF members and veterans. Full profile →