The veteran seeks compensation under 38 U.S.C.A. § 1151 for myopathy resulting from VA-prescribed gemfibrozil. The case is remanded to determine if the causation of the disability was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
The deciding factor: The Board finds that a VA medical examination is necessary to provide an opinion regarding whether myopathy was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.
- Claimed conditions
- myopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 14, 2007
- Citation
- 0717890
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0717890.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's hypertension was granted service connection, but his myopathy claim for secondary service connection to hypertension was also granted. The decision is mixed as it grants one issue and denies the other.
- Granted
The Veteran developed myopathy, myositis, rhabdomyolysis and other residuals due to statin use prescribed by VA. The Board found that the disability was not caused by or proximately caused by VA's fault or an unforeseen event.
- Granted
The Board has granted the appellant's claims for service connection for left lower extremity peripheral neuropathy, right lower extremity peripheral neuropathy, and myopathy, all of which are presumed to be due to exposure to herbicide agents during military service.
- Remanded (sent back)
The Board has remanded the case due to the need for a TERA opinion regarding whether the Veteran's causes of death are related to his service-connected conditions and exposure during active duty.
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