Docket No: 3445-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) Title 10 U.S.C. 1552 Encl:(1) DD Form 149 w/attachments 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that Petitioner’s naval record be corrected to pay him $25,000 under the Traumatic Service Members Group Life Insurance (TSGLI) schedule of losses for 15 days of consecutive hospitalization due to Traumatic Brain Injury (TBI). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 11 June 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Petitioner entered active duty in 1988 and was eventually commissioned as an officer in 2001. He served without incident until November 2014, when he fell on his face during an organized run. As a result of his fall, he sustained an injury to his chin which was treated with no other injury was noted at the time. c. The following year, Petitioner began to suffer from a number of symptoms that led his medical provider to believe he was suffering from some sort of post-concussive syndrome. Eventually, he was believed to be suffering from a post-TBI event which resulted in his enrollment in the TBI therapy program on 22 March 2016. During his attendance in the program, Petitioner was admitted to at the for neurological evaluation on 11 April 2016. He remained hospitalized for approximately 21 days until his release on 1 May 2016 with a diagnoses of Neurocognitive disorder, Mild TBI, Major Depression, Headache, Chronic Dizziness. Petitioner returned to theprogram until he completed treatment on 22 June 2016. d. Petitioner filed a TSLGI claim in September 2016 based on his injuries from 2014. His initial claim was denied by Navy Personnel Command (NPC) in August 2017 based on their determination that the medical evidence did not meet the TSGLI Guide standard for payment. Petitioner filed an appeal which was again denied by NPC due to their determination that the medical evidence did not meet the standard for payment. Petitioner subsequently filed an appeal with the TSGLI Appeals Board in June 2018 arguing that his hospitalization in 2016 was due to his TBI and met the 15-day standard for payment. His appeal was denied on 14 August 2018 based on their finding that Petitioner’s 2016 hospitalization was unrelated to his 2014 traumatic event. In their opinion, the progressive nature of Petitioner’s symptoms do not support a nexus between the 2014 accident and his 2016 hospitalization. Petitioner appealed this decision to Director, Secretary of the Navy Council of Review Boards on 22 August 2018. This appeal was also denied based on lack of new and material evidence to consider. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting relief. Specifically, the Board determined that the preponderance of the evidence supports a finding that Petitioner met the criteria for payment of $25,000 under the TSGLI Guidelines. The Board found that Petitioner was hospitalized in for a neurological assessment for post-TBI symptoms on 11 April 2016 and remained hospitalized until 1 June 2016 with a diagnosis of mild TBI. The Board also concluded that Petitioner’s hospitalization was the direct result of his November 2014 accident. In order to qualify for a $25,000 payment, the TSGLI Guide only requires that a service member be hospitalized for 15 consecutive days to undergo a diagnostic assessment for TBI and the assessment determines TBI exists. Additionally, the hospitalization must be related to a traumatic event that caused the TBI symptoms within the qualifying period. The Board noted that Petitioner was in a TBI therapy program in 2016 when he was hospitalized and returned to the same program for almost two months after his discharge from . Based on this fact, in the Board’s opinion, the preponderance of the evidence supports a finding that Petitioner was hospitalized in 2016 to assess whether he suffered from TBI. The Board also concluded that, based on his history of symptoms and treatment after his November 2014 accident, the preponderance of the evidence supports a finding that Petitioner’s November 2014 accident led to the medical symptoms that resulted in his eventual referral the STAR program and hospitalization. Therefore, the Board determined a clear nexus exists between Petitioner’s November 2014 traumatic event and his 2016 hospitalization for a TBI assessment. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by paying Petitioner $25,000 under TSGLI for 15 consecutive days of hospitalization for a TBI assessment resulting in a final diagnosis of TBI. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.