Citation Nr: 21070145 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 15-15 120 DATE: November 23, 2021 REMANDED The claim of entitlement to service connection for left leg amputation is remanded. The claim of entitlement to a total disability rating based upon individual unemployability due to service-connected disabilities (TDIU) is remanded. The claim of entitlement to financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, or adaptive equipment only, is remanded. REASONS FOR REMAND The Veteran had honorable active duty service with the United States Army from July 1974 to July 1977. The instant matter is on appeal from multiple rating decisions by the Department of Veterans Affairs (VA) Regional Office (RO). The present appeal has a complicated procedural history. The Veteran initially claimed entitlement to service connection for left leg amputation and entitlement to automobile and adaptive equipment, or adaptive equipment only, in April 2012, which was subsequently denied in an October 2013 rating decision. In his Substantive Appeal, the Veteran requested a videoconference hearing before a Veterans Law Judge (VLJ). The Veteran separately filed claims of entitlement to an increased rating for his service-connected back disability, and a TDIU in August 2015, which were denied in February 2016. In the subsequent Substantive Appeal, the Veteran also requested a hearing before a VLJ. In September 2016, the Veteran sought entitlement to service connection for right and left knee disabilities, also requesting a hearing in his Substantive Appeal to the Board. In October 2016, the Veteran testified before VLJ Millikan in a videoconference hearing addressing the issues of entitlement to service connection for left leg amputation and entitlement to automobile and adaptive equipment. In September 2018, the Veteran testified before VLJ Reynolds on the issues of entitlement to service connection for a bilateral knee disability, increased rating for his back disability, and entitlement to a TDIU. In May 2020, the Veteran requested an additional hearing, which was conducted by VLJ Trueba in December 2020. This hearing addressed all three issues listed above. Transcripts of these proceedings have been associated with the claims file. The service connection claims were subsequently granted in an April 2020 rating decision, and the Veteran previously withdrew his claim of entitlement to an increased rating for his back disability. Accordingly, this decision is being rendered by a panel of three VLJs. 38 U.S.C. §§ 7102(a), 7107(c). The Court has interpreted 38 C.F.R. § 20.707 as requiring that a Veteran must be provided the opportunity for a hearing before all three VLJs involved in a panel decision. Arneson v. Shinseki, 24 Vet. App. 379 (2011). The Veteran has testified before all three VLJs undersigned; thus, a panel decision is appropriate in this instance, and additional hearings are not required. The multiple appeals streams have been merged for the efficacy of the appellate process, as well as the convenience of the Veteran. 1. The claim of entitlement to service connection for left leg amputation and a TDIU are remanded. The Board sincerely regrets the additional delay, but remand is necessary in order to satisfy VA's duty to assist. In November 2020, the Veteran's attorney requested copies of the curriculum vitae of the examiners who authored the reports underlying the present claims on appeal. Once a veteran raises the issue of a VA examiner's competency and requests an examiner's credentials, the Veteran must have the ability to secure the curriculum vitae and other information about qualifications of a medical examiner from VA. See Francway v. Wilkie, 940 F.3d 1304, 1308 (2019). As such, a remand is required to provide the Veteran with the VA examiners' curriculum vitae pursuant to the duty to assist. 2. The claim of entitlement to financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, or adaptive equipment only, is remanded. As the Veteran is asserting entitlement to service connection for left leg amputation, the Board finds that this issue is inextricably intertwined with the resolution of the remanded issue. The appropriate remedy where a pending claim is inextricably intertwined with a claim currently on appeal is to defer the claim on appeal pending the adjudication of the inextricably intertwined claim. See Harris v. Derwinski, 1 Vet. App. 180 (1991). Accordingly, this issue is remanded for readjudication following evidentiary development. The matters are REMANDED for the following action: 1. Provide the Veteran and his representative with information necessary to assess the competency of the VA examiners involved in the present issues on appeal. Please see the November 2020 correspondence for the specific information requested. The information provided should then be associated with the claims file. (Continued on the next page) 2. Thereafter, readjudicate the claim. If any benefit sought remains denied, provide the Veteran and his representative with a Supplemental Statement of the Case (SSOC), and return the case to the Board. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals C. TRUEBA Veterans Law Judge Board of Veterans' Appeals K. MILLIKAN Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board H. Fisher, Counsel 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.