BVA9502256 DOCKET NO. 93-07 960 ) DATE ) ) On appeal from a decision by the Department of Veterans Affairs Regional Office in Sioux Falls, South Dakota THE ISSUE Entitlement to an increased rating for post-traumatic stress disorder (PTSD), currently rated as 30 percent disabling. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Keith W. Allen, Associate Counsel INTRODUCTION The veteran served on active duty from December 1942 to January 1946 and from July 1950 to August 1953. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 1991 decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota, which granted service connection for PTSD and assigned a 30 percent rating. The veteran has challenged the rating assigned. Review of the file reveals that the veteran's wife has indicated that he has not been able to work "due to his depression (PTSD)." This statement raises the issue of entitlement to a total disability rating for compensation or the question of pension. Neither issue has been developed for appeal. They are referred to RO for appropriate action. REMAND In his February 1993 statement, the veteran's representative argued that the RO should have considered recognizing a claim for secondary service connection for major depression because the veteran was found to manifest that disability due to his combat experiences. The symptoms of major depression may affect the rating assigned, particularly since the Global Assessment of Functioning Scores of 75 down to 50 suggests that a deterioration of his mental condition has occurred and that a higher rating should be assigned. The ultimate rating assigned cannot be determined by the Board until the "inextricably intertwined" issue of depression has been adjudicated and developed for appeal. Adjudicators are reminded that they may consider only independent medical evidence to support their findings and not their own unsubstantiated opinion. Colvin v. Derwinski, 1 Vet.App. 171 (1991). Hence, the case is REMANDED to the RO for the following actions: 1. The RO should schedule the veteran for a comprehensive VA psychiatric examination. This study must be conducted in accordance with the VA Physician's Guide for Disability Evaluation Examinations. All indicated tests, including appropriate psychological studies with applicable subscales, must be conducted. The claims file must be made available to and reviewed by the examiner prior to the requested study. The examiner must assign a Global Assessment Functioning Score consistent with the American Psychiatric Association's DIAGNOSTIC AND STATISTICAL MANUAL FOR MENTAL DISORDERS (3d ed. rev., 1987), and explain what the assigned score represents. A complete rationale for any opinion expressed must be provided. 2. The RO should adjudicate the question of secondary service connection for major depression due to PTSD. 3. Following completion of the foregoing, the RO must review the claims folder and ensure that all of the foregoing development actions have been completed in full. If any development is incomplete, including if the requested examination does not include all test reports, special studies or opinions requested, appropriate corrective action is to be implemented. If the veteran is dissatisfied with the RO's decision, he and his representative should be issued a supplemental statement of the case and be given an opportunity to respond. Thereafter, the case should be returned to the Board for further appellate review. M. CHEEK Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1993).