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Sanchez-Benitez v. West

13 Vet. App. 282 (1999)

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Sanchez-Benitez v. West

United States Court of Appeals for Veterans Claims
13 Vet. App. 282 (1999)

CS

Facts

Jose Sanchez-Benitez (plaintiff) served on active duty in the United States military from 1979 to 1994. In 1989, he sought treatment for neck pain, but medical examinations and X-rays taken at the time were normal. At the time of his separation from service, Sanchez-Benitez filed for service-connected disabilities with the Department of Veterans Affairs (VA) (defendant) for a number of conditions, including neck pain. His claim for a neck disability was denied for a lack of evidence of a pathological neck disorder. Sanchez-Benitez appealed the decision, and the Board of Veterans’ Appeals (the board) ordered further medical examinations. Although one examination included a notation that Sanchez-Benitez had a “history of trauma with continuing pain” in his neck, extensive subsequent testing failed to indicate any underlying medical condition or the cause of his pain. The board held that the evidence did not support a service connection for a neck disability. Sanchez-Benitez appealed.

Rule of Law

Issue

Holding and Reasoning (Nebeker, C.J.)

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