GENERALIZED ANXIETY DISORDER

Summary

The Veteran, an Army Veteran who served from August 1976 to August 1979, appeals the denial of service connection for generalized anxiety, insomnia, and depressive disorders. The Veteran contends these conditions began after a motor vehicle accident during service. The Board reviewed evidence including a February 2018 VA medical opinion, which linked the Veteran's depression and sleeplessness to tinnitus, and December 2017 and July 2025 private medical opinions. The private opinions diagnosed generalized anxiety, insomnia, and depressive disorders, with the July 2025 opinion stating it was at least as likely as not that these conditions were related to the in-service motor vehicle accident. The Board found the evidence regarding the nexus to service to be approximately balanced. Applying the benefit of the doubt, the Board granted service connection for generalized anxiety, insomnia, and depressive disorders, finding them related to the in-service motor vehicle accident. The appeal is granted.

Rationale

Evidence approximately balanced; Benefit of the doubt applied; Related to in-service motor vehicle accident

Full Decision Text

Citation Nr: A26039162
Decision Date: 04/27/26	Archive Date: 04/27/26

DOCKET NO. 210929-191764
DATE: April 27, 2026

ORDER

Entitlement to service connection for generalized anxiety, insomnia, and depressive disorders is GRANTED.

FINDING OF FACT

The Veteran's generalized anxiety, insomnia, and depressive disorders are related to an in-service motor vehicle accident.

CONCLUSION OF LAW

The criteria are met for service connection for generalized anxiety, insomnia, and depressive disorders.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

PROCEDURAL AND FACTUAL HISTORY

The Veteran served on active duty in the United States Army, including from August 1976 to August 1979.

The rating decision on appeal was issued in August 2021 and constituted an initial decision; therefore, the modernized review system governs procedure.

In the September 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the hearing docket.   On July 3, 2025, the Veteran withdrew the hearing request.

Therefore, the Board may only consider the evidence of record at the time of the August 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or representative within 90 days following receipt of the withdrawal of the hearing request.  38 C.F.R. § 20.302(b).  If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision.  38 C.F.R. §§ 20.300, 20.302(b), 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence.  38 C.F.R. § 3.2501.  If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered.  Id.  Specific instructions for filing a Supplemental Claim are included with this Decision.

The Board has re-characterized the Veteran's claim of entitlement to service connection for post-traumatic stress disorder (PTSD) to a claim of entitlement to an acquired psychiatric disorder, which includes PTSD, mood disorder, generalized anxiety disorder, insomnia, and depression.  This is based on a July 2025 private medical opinion submitted within 90 days of the Board hearing withdrawal.  See Clemons v. Shinseki, 23 Vet. App. 1, 6 (2009) (holding that when a claimant makes a claim, the claimant is seeking service connection for symptoms regardless of how those symptoms are diagnosed or labeled).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran contends that he began experiencing severe anxiety, anger, and emotional changes after a convoy accident during military service and has not been the same since. 

The July 2025 medical opinion shows that the Veteran has current diagnoses of generalized anxiety, insomnia, and depressive disorders.  During service, the Veteran was treated for a contusion and whiplash after a rear-end motor vehicle accident as a driver of M151 in March 1979.  Thus, the question becomes whether the current disability is related to service.  On this question there are probative opinions in favor of and against the claim.

The evidence against the claim includes a February 2018 VA medical opinion that it was "likely as not that the Veteran has depression and sleeplessness as a result of tinnitus."

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?

The evidence in favor of the claim includes December 2017 and July 2025 private medical opinions.  In December 2017, a private psychologist diagnosed unspecified depressive disorder and opined that "His service-connected condition - Bilateral Tinnitus is adversely affecting his family relations and social and occupational functioning."  In July 2025, a private psychologist opined that it was "at least as likely as not that his difficulties associated with Generalized Anxiety Disorder, Insomnia, and Depression are related to the aforementioned motor vehicle accident."

Upon review of the record, the Board finds the evidence to be at least approximately balanced as to whether the Veteran's current generalized anxiety, insomnia, and depressive disorders arose during service.  Accordingly, after resolving all doubts in favor of the Veteran, the Board finds that service connection for generalized anxiety,
5 private medical opinions.  In December 2017, a private psychologist diagnosed unspecified depressive disorder and opined that "His service-connected condition - Bilateral Tinnitus is adversely affecting his family relations and social and occupational functioning."  In July 2025, a private psychologist opined that it was "at least as likely as not that his difficulties associated with Generalized Anxiety Disorder, Insomnia, and Depression are related to the aforementioned motor vehicle accident."

Upon review of the record, the Board finds the evidence to be at least approximately balanced as to whether the Veteran's current generalized anxiety, insomnia, and depressive disorders arose during service.  Accordingly, after resolving all doubts in favor of the Veteran, the Board finds that service connection for generalized anxiety, insomnia, and depressive disorders is warranted.  

38 U.S.C. § 5107; 38 C.F.R. § 3.102.  The appeal is granted.

 

 

STEVEN V. ADLER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Hekel, James D.

The Board's decision in this case is binding only with respect to the instant matter decided.  This decision is not precedential and does not establish VA policies or interpretations of general applicability.  38 C.F.R. § 20.1303.