## Facts

- Jose A. Sanchez-Benitez served on active duty in the U.S. Army from July 1979 to July 1994.
- In August 1989, he sought in-service treatment for neck pain of two months’ duration without trauma; cervical spine X-rays were normal.
- At separation, he reported neck pain and filed a claim seeking service connection for a neck condition described as “neck pain.”
- A post-service VA examination noted continuing cervical pain described as a history of trauma, but did not identify a specific neck pathology.
- A 1996 VA examination reported no definite or specific cause for the neck complaints based on physical and radiologic findings and could not correlate chronic pain with clinical findings.
- The VA denied service connection for the neck claim on the ground that the evidence showed pain complaints without a current diagnosed neck disorder; the Board of Veterans’ Appeals ultimately denied the claim after additional development.
- The veteran appealed the Board’s denial to the U.S. Court of Appeals for Veterans Claims.

## Issues

1. Whether pain alone, without a diagnosed or identifiable underlying malady or condition, constitutes a “disability” eligible for service connection under 38 U.S.C. § 1110.

## Decision

- The Court affirmed the Board’s denial of service connection for a neck disability.
- The Court held that pain alone, without a diagnosed or identifiable underlying malady or condition, does not constitute a disability for which service connection may be granted.
- The Court concluded the record contained complaints of neck pain but no competent medical evidence establishing a current neck disability.

## Legal Principles

- Service connection under 38 U.S.C. § 1110 requires a current disability resulting from an in-service disease or injury and a nexus between them.
- Symptoms (including pain) are not, by themselves, a “disability” for service-connection purposes absent an identifiable underlying disease or injury.
- Pain may affect the evaluation of an already service-connected disability during rating, but it does not satisfy the threshold requirement of a current disability for establishing service connection.
- The Court reviews the Board’s factual findings under the “clearly erroneous” standard and will uphold them when supported by the record.

## Conclusion

Because the evidence showed only neck pain without a diagnosed or identifiable underlying neck condition, the Court held that the claimant failed to establish a current disability under 38 U.S.C. § 1110 and affirmed the denial of service connection.


Sanchez-Benitez v. West, 13 Vet. App. 282 (1999)