The Board found that the veteran's preexisting mitochondrial myopathy did not increase in severity during his active service, and thus denied his claim for service connection.
The deciding factor: The medical evidence showed that the veteran had a muscle disability noted at enlistment but was ultimately diagnosed with mitochondrial myopathy after discharge. The disease was considered to be progressive and present prior to service.
- Claimed conditions
- mitochondrial myopathy
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 21, 2008
- Citation
- 0809564
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. Search VA.gov for the original decision (opens in a new tab) using citation 0809564.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied a separate rating for ocular symptomatology as part of the rhabdomyolysis rating assignments, finding that the Veteran's eye disorders are not caused or aggravated by his service-connected rhabdomyolysis.
- Whole decision: Granted
The Veteran's service-connected mitochondrial myopathy and peripheral neuropathy of the lower extremities result in actual loss of use of the lower extremities, meeting the criteria for financial assistance in purchasing an automobile or other conveyance.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for mitochondrial myopathy, a rating in excess of 20 percent for diabetes mellitus, type II, and TDIU prior to September 4, 2014. The claims are being returned for additional development.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to conflicting information regarding the Veteran's service-connected disabilities and their impact on his ability to use his feet. The VA is instructed to schedule an examination to clarify these issues.
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