Search Decisions

Decision Text

AF | BCMR | CY2014 | BC 2014 01789
Original file (BC 2014 01789.txt) Auto-classification: Denied

RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:       DOCKET NUMBER:  BC-2014-01789
			COUNSEL: 
			HEARING DESIRED: NOT INDICATED


APPLICANT REQUESTS THAT:

His Traumatic Servicemembers’ Group Life Insurance (TSGLI) claim 
be approved for the inability to perform at least two of six 
Activities of Daily Living (ADLs) for 90 consecutive days.


APPLICANT CONTENDS THAT:

He believes the decision to deny his initial TSGLI claim should 
be reversed.

The applicant's complete submission, with attachments, is at 
Exhibit A.


STATEMENT OF FACTS:

The applicant is currently serving in the Air Force Reserve in 
the grade of technical sergeant.

The remaining relevant facts pertaining to this application, 
extracted from the applicant’s military records, are contained 
in the letter prepared by the appropriate office of the Air 
Force at Exhibit B.


AIR FORCE EVALUATION:

AFPC/DPFC recommends denial.  DPFC states on 26 June 2009, the 
applicant was involved in an automobile accident in Kearny, NJ. 
He began treatment for a back injury on 29 April 2010.

The applicant submitted a TSGLI application claiming the 
inability to perform the ADLs of bathing and dressing (due to 
other traumatic injury (OTI)) for the period 10 June 2010 to 
22 September 2010.  The physician certifying ADL is used by the 
law firm to prepare the TSGLI claim form Part B.  The physician 
indicates, on, the claim form, that he has not observed the 
patient's loss, but has reviewed the patient's medical records 
to determine the loss claimed.

In order to qualify for TSGLI, there must be a traumatic event, 
as defined by the TSGLI law, which causes physical damage to the 
body resulting in a scheduled loss.  In this case, there is no 
issue with the traumatic event element; however, the physicians 
that reviewed the original claim and appeal packages disagreed 
with the physician who certified ADL with regard to the patient 
meeting TSGLI criterion for ADL loss (bathe and dress) for any 
payable threshold.

The burden of proof is on the applicant to demonstrate that he 
suffered a scheduled loss and the loss is a direct result of a 
traumatic event (vice illness/disease or treatment of an 
illness/disease) as defined by the TSGLI regulation.  After 
reviewing the original claim and appeal, DPFC’s position remains 
firm that the applicant does not meet TSGLI criterion for ADL 
loss due to OTI for any payable threshold.  Neither the original 
claim nor the appeal was arbitrarily denied.  The evidence 
provided with the claim does not provide any clear evidence that 
his back condition was directly caused or aggravated by the 
automobile accident that occurred approximately 10 months before 
medical treatment began.  In addition, the medical records lack 
evidence for the inability to bathe and dress without 
assistance.  To the contrary, in addition to the physical 
therapy notes addressed in the appeal review by AFPC/DPFDI, at 
each lumbar epidural steroid injection procedure, the applicant 
was noted to have “walked to the operating room table and lay in 
a prone position” and after the procedure and recovery was noted 
to be ambulating without assistance.”   Those procedures took 
place from 10 June 2010 to 8 September 2010.

DPFC’s complete evaluation is at Exhibit B.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 September 2014, a copy of the Air Force evaluation was 
forwarded to the applicant for review and response within 
30 days (Exhibit C).  As of this date, no response has been 
received by this office. 


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application is timely filed.

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice.  After 
thoroughly reviewing the evidence of record and the applicant’s 
complete submission, we are not persuaded the record warrants 
the requested correction.  The applicant’s contentions are duly 
noted; however, he has not provided evidence to override the 
rationale provided by the Air Force office of primary 
responsibility (OPR).  Therefore, we agree with the opinion and 
recommendation of the OPR and adopt its rationale as the basis 
for our conclusion that the applicant has not been the victim of 
an error or injustice.  In the absence of evidence to the 
contrary, we find no basis to recommend granting the relief 
sought in this application. 

4.  The applicant’s case is adequately documented and it has not 
been shown that a personal appearance with or without counsel 
will materially add to our understanding of the issues involved.  
Therefore, the request for a hearing is not favorably 
considered.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not 
demonstrate the existence of an error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application.


The following members of the Board considered AFBCMR Docket 
Number BC-2014-01789 in Executive Session on 5 February 2015, 
under the provisions of AFI 36-2603:


The following documentary evidence was considered:

  Exhibit A.  DD Form 149, dated 25 October 2013, w/atchs.
  Exhibit B.  Letter, AFPC/DPFC, dated 6 June 2014.
  Exhibit C.  Letter, SAF/MRBR, dated 30 September 2014.

Similar Decisions

  • AF | BCMR | CY2014 | BC 2014 02007

    Original file (BC 2014 02007 .txt) Auto-classification: Denied

    The criteria for ADL loss as it is defined in the TSGLI procedures Guide follows: A member is considered to have a loss of ADL if the member REQUIRES assistance to perform at least two of the six activities of daily living. Initial medical review of the claim the physician indicated that he would allow for the applicant requiring assistance for dressing but not bathing. A complete copy of the AFPC/DPFC evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant’s...

  • AF | BCMR | CY2014 | BC 2014 02977

    Original file (BC 2014 02977.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-02977 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His claim under the Traumatic Servicemembers’ Group Life Insurance (TSGLI) Protection be approved. In this respect we note the applicant provides statements from two medical providers and his caregiver that discusses the specific limitations the applicant actually experienced and states the applicant indeed...

  • AF | BCMR | CY2014 | BC 2014 01054

    Original file (BC 2014 01054.txt) Auto-classification: Denied

    ________________________________________________________________ APPLICANT CONTENDS THAT: Due to his traumatic injury, he is entitled to TSGLI and he has provided the supporting documents indicating his inability to perform at least two of the six ADLs. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPFC recommends denial indicating that after reviewing the applicant’s original claim and appeal, he does not meet TSGLI criterion for ADL loss due...

  • AF | BCMR | CY2014 | BC 2014 01167

    Original file (BC 2014 01167.txt) Auto-classification: Denied

    His medical provider certified his inability to perform at least 2 of the ADL for over 90 consecutive days and that he required the assistance of another person to help him bathe from 20 Feb to 20 Aug 08. His claim for the inability to perform the ADL due to traumatic injury was not approved as the medical documentation provided did not indicate the loss met the standards for TSGLI. He submitted a TSGLI application claiming the inability to perform the ADL of bathing and dressing for...

  • AF | BCMR | CY2014 | BC 2014 00608

    Original file (BC 2014 00608.txt) Auto-classification: Denied

    A complete copy of the AFPC/DPFC evaluation is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: The applicant’s counsel argues that evidence material to the claim was not considered, the relevant standards for providing ADLs loss were misapplied, and the applicant’s underlying traumatic injury was questioned although he received an initial payment of $25,000. The preponderance of the evidence in the applicant’s case proves he sustained at least 90 day ADL loss due to his traumatic...

  • AF | BCMR | CY2014 | BC 2014 01344

    Original file (BC 2014 01344.txt) Auto-classification: Denied

    His medical provider documented that he was unable to perform 4 of the 6 ADLS for 60 days. The claim and medical records were reviewed and his request for loss of ADLs (bathe, dress, toilet) due to Other Traumatic Injury (OTI) from 10 Jul to 21 Aug 03 was approved and he was paid $25,000 on 5 Jun 13. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal...

  • AF | BCMR | CY2013 | BC 2013 05480

    Original file (BC 2013 05480.txt) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05480 ` COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: His Service Member’s Group Life Insurance Traumatic Injury Protection (TSGLI) claim be approved due to his inability to perform at least two of the six Activities of Daily Living (ADLs) for 60 consecutive days. While the Board notes the documentation submitted by the applicant in support of his contention that he...

  • ARMY | BCMR | CY2013 | 20130006202

    Original file (20130006202.txt) Auto-classification: Denied

    Therefore, during this time he required the assistance of his wife to dress and bathe. e. The Army denied the applicant's request because his records did not indicate that his 2 May 2010 injury rendered him incapable of performing the ADLs of bathing and dress for 30 days or more, in accordance with (IAW) TSGLI guidelines. c. In addition to bathing and dressing, he needed help eating during those first months.

  • ARMY | BCMR | CY2013 | 20130016202

    Original file (20130016202.txt) Auto-classification: Denied

    The TSGLI program was established by Congress to provide relief to Soldiers and their families after suffering a traumatic injury. Part II losses include traumatic injuries resulting in the inability to perform at least 2 ADLs for 30 or more consecutive days and hospitalization due to a traumatic injury and other traumatic injury (OTI) resulting in the inability to carry out 2 of the 6 ADLs, which are dressing, bathing, toileting, eating, continence, and transferring. The applicant's...

  • AF | BCMR | CY2013 | BC 2013 05143

    Original file (BC 2013 05143.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-05143 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: His claim for Servicemembers’ Group Life Insurance Traumatic Injury Protection (TSGLI) be approved. On 5 May 05, Public Law 109-13 established a traumatic injury program designed to provide financial assistance to service members during recovery from...