SoP LibraryMorbid obesity

Statement of Principles

Morbid obesity — DVA SoP factors

Every factor in the Repatriation Medical Authority Statements of Principles for Morbid obesity. DVA can only accept a claim for Morbid obesity 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.

Morbid obesity

RH No. 43 of 2022 · BoP No. 44 of 202254 factors

Meaning of morbid obesity: For the purposes of this Statement of Principles, morbid obesity means an excessive accumulation of fat in the body resulting in: (a) a Body Mass Index (BMI) of at least 40; or (b) in those aged 18 years or younger, a BMI of at least 120 percent of the 97th percentile in the 2007 World Health Organisation Body Mass Index Charts, for Age and Gender.

Reasonable Hypothesis (RH) — Statement of Principles No. 43 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 morbid obesity or death from morbid obesity with the circumstances of a person's relevant service:

  1. (1)
    having a caloric intake that is excessive for energy needs for at least the 5 years before the clinical onset of morbid obesity;
  2. (2)
    taking a drug from the specified list of drugs for at least the 6 months before the clinical onset of morbid obesity;

    Note: specified list of drugs is defined in the Schedule 1 - Dictionary.

  3. (3)
    taking an antipsychotic drug for at least the 3 months before the clinical onset of morbid obesity;
  4. (4)
    taking at least 5 milligrams of prednisone per day, or equivalent glucocorticoid therapy, for at least the 3 months before the clinical onset of morbid obesity;

    Note: equivalent glucocorticoid therapy is defined in the Schedule 1 - Dictionary.

  5. (5)
    having binge eating disorder or night eating syndrome for at least the 1 year before the clinical onset of morbid obesity;

    Note: binge eating disorder and night eating syndrome are defined in the Schedule 1 - Dictionary.

  6. (6)
    having a clinically significant disorder of mental health as specified for at least the 2 years before the clinical onset of morbid obesity;

    Note: clinically significant disorder of mental health as specified is defined in the Schedule 1 - Dictionary.

  7. (7)
    having Cushing syndrome for at least the 3 months before the clinical onset of morbid obesity; Morbid Obesity (Reasonable Hypothesis) (No. 43 of 2022.);
  8. (8)
    having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, for at least the 3 months before the clinical onset of morbid obesity;
  9. (9)
    having a hypothalamic disorder causing excessive eating for at least the 3 months before the clinical onset of morbid obesity;

    Note: hypothalamic disorder is defined in the Schedule 1 - Dictionary.

  10. (10)
    inability to sleep for an average of more than 5 hours per night for at least the 5 years before the clinical onset of morbid obesity;
  11. (11)
    undertaking night shift work on at least 500 occasions within a continuous period of at least the 5 years before the clinical onset of morbid obesity;

    Note: night shift work is defined in the Schedule 1 - Dictionary.

  12. (12)
    in a person with a prior history of a regular smoking habit as specified, permanently ceasing to smoke within the 2 years before the clinical onset of morbid obesity;

    Note: regular smoking habit as specified is defined in the Schedule 1 - Dictionary.

  13. (13)
    having consumed a cumulative total of at least 50 kilograms of alcohol from drinking beer within the 5 years before the clinical onset of morbid obesity;

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

  14. (14)
    experiencing severe childhood abuse before the clinical onset of morbid obesity;

    Note: severe childhood abuse is defined in the Schedule 1 - Dictionary.

  15. (15)
    having a caloric intake that is excessive for energy needs for at least the 5 years before the clinical worsening of morbid obesity;
  16. (16)
    taking a drug from the specified list of drugs for at least the 6 months before the clinical worsening of morbid obesity;

    Note: specified list of drugs is defined in the Schedule 1 - Dictionary.

  17. (17)
    taking an antipsychotic drug for at least the 3 months before the clinical worsening of morbid obesity;
  18. (18)
    taking at least 5 milligrams of prednisone per day, or equivalent glucocorticoid therapy, for at least the 3 months before the clinical worsening of morbid obesity;

    Note: equivalent glucocorticoid therapy is defined in the Schedule 1 - Dictionary.

  19. (19)
    having binge eating disorder or night eating syndrome for at least the 1 year before the clinical worsening of morbid obesity; Morbid Obesity (Reasonable Hypothesis) (No. 43 of 2022.);

    Note: binge eating disorder and night eating syndrome are defined in the Schedule 1 - Dictionary.

  20. (20)
    having a clinically significant disorder of mental health as specified for at least the 2 years before the clinical worsening of morbid obesity;

    Note: clinically significant disorder of mental health as specified is defined in the Schedule 1 - Dictionary.

  21. (21)
    having Cushing syndrome for at least the 3 months before the clinical worsening of morbid obesity;
  22. (22)
    having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, for at least the 3 months before the clinical worsening of morbid obesity;
  23. (23)
    having a hypothalamic disorder causing excessive eating for at least the 3 months before the clinical worsening of morbid obesity;

    Note: hypothalamic disorder is defined in the Schedule 1 - Dictionary.

  24. (24)
    inability to sleep for an average of more than 5 hours per night for at least the 5 years before the clinical worsening of morbid obesity;
  25. (25)
    undertaking night shift work on at least 500 occasions within a continuous period of at least the 5 years before the clinical worsening of morbid obesity;

    Note: night shift work is defined in the Schedule 1 - Dictionary.

  26. (26)
    in a person with a prior history of a regular smoking habit as specified, permanently ceasing to smoke within the 2 years before the clinical worsening of morbid obesity;

    Note: regular smoking habit as specified is defined in the Schedule 1 - Dictionary.

  27. (27)
    having consumed a cumulative total of at least 50 kilograms of alcohol from drinking beer within the 5 years before the clinical worsening of morbid obesity;

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

  28. (28)
    inability to obtain appropriate clinical management for morbid obesity;

Aggravation-only factors: the factors in subsections 9(15) to 9(28) 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. 44 of 2022

26 factors

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

  1. (1)
    having a caloric intake that is excessive for energy needs for at least the 5 years before the clinical onset of morbid obesity;
  2. (2)
    taking a drug from the specified list of drugs for at least the 6 months before the clinical onset of morbid obesity;

    Note: specified list of drugs is defined in the Schedule 1 - Dictionary.

  3. (3)
    taking an antipsychotic drug, excluding aripiprazole and ziprasidone, for at least the 3 months before the clinical onset of morbid obesity;
  4. (4)
    taking at least 5 milligrams of prednisone per day, or equivalent glucocorticoid therapy, for at least the 3 months before the clinical onset of morbid obesity;

    Note: equivalent glucocorticoid therapy is defined in the Schedule 1 - Dictionary.

  5. (5)
    having binge eating disorder or night eating syndrome for at least the 1 year before the clinical onset of morbid obesity;

    Note: binge eating disorder and night eating syndrome are defined in the Schedule 1 - Dictionary.

  6. (6)
    having a clinically significant disorder of mental health as specified for at least the 3 years before the clinical onset of morbid obesity;

    Note: clinically significant disorder of mental health as specified is defined in the Schedule 1 - Dictionary.

  7. (7)
    having Cushing syndrome for at least the 3 months before the clinical onset of morbid obesity;
  8. (8)
    having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, for at least the 3 months before the clinical onset of morbid obesity;
  9. (9)
    having a hypothalamic disorder causing excessive eating for at least the 3 months before the clinical onset of morbid obesity;

    Note: hypothalamic disorder is defined in the Schedule 1 - Dictionary.

  10. (10)
    inability to sleep for an average of more than 5 hours per night for at least the 5 years before the clinical onset of morbid obesity;
  11. (11)
    undertaking night shift work on at least 500 occasions within a continuous period of at least the 5 years before the clinical onset of morbid obesity;

    Note: night shift work is defined in the Schedule 1 - Dictionary.

  12. (12)
    in a person with a prior history of a regular smoking habit as specified, permanently ceasing to smoke within the 2 years before the clinical onset of morbid obesity;

    Note: regular smoking habit as specified is defined in the Schedule 1 - Dictionary.

  13. (13)
    experiencing severe childhood abuse before the clinical onset of morbid obesity;

    Note: severe childhood abuse is defined in the Schedule 1 - Dictionary.

  14. (14)
    having a caloric intake that is excessive for energy needs for at least the 5 years before the clinical worsening of morbid obesity;
  15. (15)
    taking a drug from the specified list of drugs for at least the 6 months before the clinical worsening of morbid obesity;

    Note: specified list of drugs is defined in the Schedule 1 - Dictionary.

  16. (16)
    taking an antipsychotic drug, excluding aripiprazole and ziprasidone, for at least the 3 months before the clinical worsening of morbid obesity;
  17. (17)
    taking at least 5 milligrams of prednisone per day, or equivalent glucocorticoid therapy, for at least the 3 months before the clinical worsening of morbid obesity;

    Note: equivalent glucocorticoid therapy is defined in the Schedule 1 - Dictionary.

  18. (18)
    having binge eating disorder or night eating syndrome for at least the 1 year before the clinical worsening of morbid obesity;

    Note: binge eating disorder and night eating syndrome are defined in the Schedule 1 - Dictionary.

  19. (19)
    having a clinically significant disorder of mental health as specified for at least the 3 years before the clinical worsening of morbid obesity;

    Note: clinically significant disorder of mental health as specified is defined in the Schedule 1 - Dictionary.

  20. (20)
    having Cushing syndrome for at least the 3 months before the clinical worsening of morbid obesity;
  21. (21)
    having hypothyroidism, including Hashimoto thyroiditis that has resulted in hypothyroidism, for at least the 3 months before the clinical worsening of morbid obesity;
  22. (22)
    having a hypothalamic disorder causing excessive eating for at least the 3 months before the clinical worsening of morbid obesity;

    Note: hypothalamic disorder is defined in the Schedule 1 - Dictionary.

  23. (23)
    inability to sleep for an average of more than 5 hours per night for at least the 5 years before the clinical worsening of morbid obesity;
  24. (24)
    undertaking night shift work on at least 500 occasions within a continuous period of at least the 5 years before the clinical worsening of morbid obesity;

    Note: night shift work is defined in the Schedule 1 - Dictionary.

  25. (25)
    in a person with a prior history of a regular smoking habit as specified, permanently ceasing to smoke within the 2 years before the clinical worsening of morbid obesity;

    Note: regular smoking habit as specified is defined in the Schedule 1 - Dictionary.

  26. (26)
    inability to obtain appropriate clinical management for morbid obesity;

Aggravation-only factors: the factors in subsections 9(14) to 9(26) 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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