Citation Nr: 18152946 Decision Date: 11/26/18 Archive Date: 11/26/18 DOCKET NO. 09-37 138A DATE: November 26, 2018 ORDER Service connection for an unspecified psychological disorder to include generalized anxiety disorder is denied. FINDING OF FACT The preponderance of the evidence is against finding that an unspecified psychological disorder began during active service, or is otherwise related to an in-service injury, event, or disease. CONCLUSION OF LAW The criteria for service connection for an unspecified psychological disorder to include generalized anxiety disorder has not been met. 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably from October 1982 to October 1984. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2008 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Board previously remanded this claim for further development in a June 2017 decision. The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active service, even if the disability was diagnosed after service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. As a general matter, service connection for a disability on the merits of such claim is focused upon (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and an injury or disease during service. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The Board concludes that, while the Veteran has a history of different psychological diagnoses starting from two years after service, evidenced by his medical treatment history, the preponderance of the evidence is against finding that symptoms began during active service, or are otherwise related to an in-service injury, event, or disease. 38 C.F.R. § 3.303(a), (d). The Veteran contends in his VA examinations that he has experienced anxiety and other unidentified psychological disorders since two years after leaving service, and that his symptoms are the result of two in service incurrences. The Veteran contends his symptoms include severe sweating episodes that cause nervousness and anxiety, trouble concentrating, and paranoid thoughts. Specifically, the Veteran at times feels like everyone around him is looking at him differently. There are two in service incurrences that the Veteran contends caused his psychological disorders, according to April 2013 medical treatment records. The first is an accident in which the Veteran lost control while driving an ammunition carrier, where the carrier slid off the road into a fence. The Veteran contends the accident caused him fear and panic. The second in service incurrence was the Veteran’s diagnosis of Tuberculosis in 1984 at Fort Knox. The Veteran contends that he had very little information given to him after the diagnosis, and it was very difficult for him to hear the diagnosis. The August 2017 VA examiner opined that the Veteran’s psychological disorders are less as likely as not related to an in-service injury, event, or disease. The examiner opined that it is likely the Veteran felt mildly upset about being diagnosed with tuberculosis and having to undergo treatment. However, the examiner opined further that the manner in which the Veteran described this was consistent with what would be expected of most any person that was diagnosed with an illness and had to undergo treatment that was concerning and preoccupying. The examiner reasoned that there was nothing to indicate that the Veteran experienced a pathological reaction to the tuberculosis diagnosis. The examiner also opined that the in service vehicle accident, while distressing, does not meet the criteria for post-traumatic stress disorder as it was not life threatening or distressing enough to produce chronic psychiatric issues of any type, including generalized anxiety disorder. Further, the preponderance of the evidence weighs against finding that the events reported in service caused the diagnosed disorders. While the Veteran is competent to report that an accident involving crashing an ammunition carrier happened, his reports are not supported by service records. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007) The Veteran is competent to report a diagnosis of tuberculosis. Id. While the Veteran believes his unspecified psychological diagnoses are related to a tuberculosis diagnosis in service and an in service vehicle accident, the Board   reiterates that the evidence weighs against findings that the symptoms are related to any in service event. For this reason, the Veteran’s claim for service connection is denied. M. H. Hawley Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Drew Kelly, Associate Counsel