Citation Nr: 20042891 Decision Date: 06/25/20 Archive Date: 06/25/20 DOCKET NO. 16-21 312 DATE: June 25, 2020 ORDER Whether the Veteran’s spouse, E., can be removed as his dependent for VA purposes is dismissed. Whether the reduction of the Veteran’s disability compensation payment to the 10 percent rate following a felony conviction and incarceration was valid, to include whether a notice of disagreement (NOD) was timely filed, is dismissed. Entitlement to an effective date earlier than June 3, 1987, for entitlement to compensation and the commencement of monetary benefits is dismissed. FINDING OF FACT In a decision issued in March 2019 and reissued in April 2019, the Board of Veteran’s Appeals (Board) denied the issues of whether the Veteran’s spouse, E., can be removed as his dependent for VA purposes and whether the reduction of the Veteran’s disability compensation payment to the 10 percent rate following a felony conviction and incarceration was valid, to include whether a notice of disagreement (NOD) was timely filed. Furthermore, the Board dismissed the issue of entitlement to an effective date prior to June 3, 1987, for entitlement to compensation and the commencement of monetary benefits. The Veteran subsequently filed a motion for reconsideration, which was denied by the Board in decision letters dated in November 2019 and January 2020. CONCLUSION OF LAW 1. The criteria for dismissal of the claim concerning whether the Veteran’s spouse, E., can be removed as his dependent for VA purposes have been met. 38 U.S.C. §§ 7103, 7104, 7105; 38 C.F.R. §§ 20.104, 20.1002, 20.1100. 2. The criteria for dismissal of whether the reduction of the Veteran’s disability compensation payment to the 10 percent rate following a felony conviction and incarceration was valid, to include whether a notice of disagreement (NOD) was timely filed have been met. 38 U.S.C. §§ 7103, 7104, 7105; 38 C.F.R. §§ 20.104, 20.1002, 20.1100. 3. The criteria for dismissal of entitlement to an effective date earlier than June 3, 1987, for entitlement to compensation and the commencement of monetary benefits have been met. 38 U.S.C. §§ 7103, 7104, 7105; 38 C.F.R. §§ 20.104, 20.1002, 20.1100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from September 1968 to June 1970. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a May 2012 administrative decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In a decision issued in March 2019 and reissued in April 2019, the Board of Veteran’s Appeals (Board) denied the issues of whether the Veteran’s spouse, E., can be removed as his dependent for VA purposes and whether the reduction of the Veteran’s disability compensation payment to the 10 percent rate following a felony conviction and incarceration was valid, to include whether a notice of disagreement (NOD) was timely filed. Furthermore, the Board dismissed the issue of entitlement to an effective date prior to June 3, 1987, for entitlement to compensation and the commencement of monetary benefits. The Veteran subsequently filed a motion for reconsideration, which was denied by the Board in decision letters dated in November 2019 and January 2020. Accordingly, there remains no allegation of error of fact or law for appellate consideration as to these issues. The Board has no jurisdiction to review the appeals of whether the Veteran’s spouse, E., can be removed as his dependent for VA purposes, whether the reduction of the Veteran’s disability compensation payment to the 10 percent rate following a felony conviction and incarceration was valid, to include whether a notice of disagreement (NOD) was timely filed, and whether he is entitled to an effective date prior to June 3, 1987, for an award of compensation and the commencement of monetary benefits given that the Veteran’s motion for reconsideration of the Board’s March and April 2019 decision was denied in November 2019 and January 2020. See 38 C.F.R. § 1002(c)(a); 20.1100. There are no claims properly in active appellate status. As such, these matters are dismissed. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. (Hurley) Merrick 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.