IN THE CASE OF:	  REID, JAHMEZ A. 

		BOARD DATE:	        8 January 2009

		DOCKET NUMBER:  AR20080017865 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Traumatic Servicemembers’ Group Life Insurance (TSGLI) claim to the U.S. Army Physical Disability Agency be considered.

2.  The applicant states, in effect, that he is appealing the findings of his disability finding because he suffered a cerebral bleed from an arteriovenous malformation.  The applicant argues that this condition was caused by a regimen of 800mg of ibuprofen four times a day.  The applicant concludes that the amount and length of time that he was placed on this medication was inappropriate and excessive.

3.  The applicant provides numerous medical documents and excerpts from his military records in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Records show that, in June 2007, the applicant was evaluated by an oral surgeon on Fort Gordon for temporomandibular joint (dysfunction) and was prescribed 800mg of ibuprofen four times a day for approximately 4-5 weeks.

2.  The applicant's medical records are not available for review with this case.  The applicant did not provide a copy of the physical evaluation board or medical evaluation board for review with his application.

3.  The applicant provided a letter from a medical doctor in Rehabilitative Medicine from the Charlie Norwood Department of Veterans Affairs Medical Center.  The medical doctor stated that the applicant suffered an arteriovenous malformation and that he received rehabilitative care consistent with management and treatment of a vascular stroke.  The doctor further stated that the applicant suffered his arteriovenous malformation rupture on 22 July 2007 and was admitted to the active duty rehabilitation unit on 29 August 2007.  The doctor concluded that the applicant was discharged from the active duty rehabilitation unit on 28 May 2008.

4.  The applicant provided a one-page document from the U.S. Army Human Resources Command TSGLI section.  This document is dated 27 October 2008 and is unsigned.  The document informs that applicant that his TSGLI appeal request was received and that they were unable to provide him with a favorable decision.  The TSGLI section further informed the applicant that his claim was not approved because the medical documents submitted did not support that he suffered a qualifying traumatic event which was defined as being caused by external force or violence.

5.  Public Law 109-13 (The Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005), signed by the President on 11 May 2005, established the TSGLI program.  U.S. Army Combat-Related Special Compensation has been designated as the lead agent for implementing the Army TSGLI program.  The TSGLI program was established by Congress to provide relief to Soldiers and their families after suffering a traumatic injury.  TSGLI provides between $25,000 and $100,000 to severely injured Soldiers who meet the requisite qualifications set forth by the Department of Defense.  As of 1 December 2005, TSGLI is included as part of a Soldier's SGLI coverage.  Any Soldier who elected SGLI coverage automatically receives TSGLI coverage with an additional $1 taken out each month to cover the cost of the TSGLI policy.  Soldiers paying for SGLI coverage cannot decline TSGLI – it is a package.  In addition, there is a retroactive program in which Soldiers who incurred a qualifying traumatic injury from 7 October 2001 through 30 November 2005 while supporting Operation Iraqi Freedom and Operation Enduring Freedom, or under orders in a combat zone tax exclusion area, are covered regardless of whether they elected SGLI coverage or not.  Soldiers who elect SGLI coverage and incur a qualifying traumatic injury after 1 December 2005 (with the exception of some specific circumstances under which a traumatic injury will not be covered), regardless of their component (Active, Reserve, or National Guard) or the location in which they incurred the injury, will be covered by TSGLI.

6.  There are specific circumstances under which a traumatic injury will not be covered by TSGLI.  A qualifying traumatic injury is an injury or loss caused by application of external force or violence (a traumatic event) or a condition whose cause can be directly linked to a traumatic event.  Traumatic injuries covered may include, but are not limited to the following types of losses:

	a.  total and permanent loss of sight in one or both eyes;

	b.  loss of hand or foot by severance at or above the wrist or ankle; 

	c.  total and permanent loss of hearing in one or both ears;

	d.  loss of speech;

	e.  loss of thumb and index finger of the same hand by severance at or above the metacarpophalandeal joints;

	f.  quadriplegia, paraplegia or hemiplegia;

	g.  3rd degree or worse burns covering 30 percent of body or 30 percent of the face;

	h.  coma or traumatic brain injury; or

	i.  other traumatic injuries resulting in the inability to carry out two of the six activities of daily living (ADL), which are dressing, bathing, toileting, eating, continence, and transferring.  TSGLI claims may be filed for loss of ADLs if the claimant is completely dependent on someone else to perform two of the six ADLs for 30 days or more (15 days or more in the case of traumatic brain injuries).  ADL loss must be certified by a healthcare provider in Part B of the claim form, and ADL loss must be substantiated by appropriate documentation such as occupational/physical therapy reports, patient discharge summaries, or other pertinent documents demonstrating the injury type and duration of ADL loss.  While TSGLI claims won't be approved without a certification from a healthcare provider, additional documentation must be provided to substantiate the certification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for consideration of his TSGLI claim was carefully considered and unfortunately was found to lack sufficient merit to grant the relief requested.

2.  Although the applicant clearly sustained a life-altering medical event, this medical condition was not sustained as a result of the application of external force or violence (a traumatic event) or a condition whose cause can be directly linked to a traumatic event.

3.  Absent evidence to the contrary, there is no basis to amend the previous TSGLI findings.

4.  Although there is insufficient evidence to grant the relief requested, this by no means diminishes the applicant's dedicated service to and sacrifices for a grateful Nation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________X________________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080017865



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ABCMR Record of Proceedings (cont)                                         AR20080017865



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