The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for myopathy due to VA treatment on January 15, 2003 was denied because the evidence did not establish that the prescription of Gemfibrozil was the proximate result of a lack of skill, carelessness, negligence or error judgments, or an unforeseen event in VA treatment.
The deciding factor: The preponderance of the medical evidence established that myopathy resulted from taking Gemfibrozil but did not establish that the prescription of this medication was due to 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
- March 20, 2009
- Citation
- 0910604
Veterans Law Judge
Decisions by this judge: 1,582 · Granted: 32% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0910604.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.