Citation Nr: A21020384
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 200528-79873
DATE: December 22, 2021

ORDER

Because a proposal to discontinue service connection for diabetic neuropathy, right upper extremity was not implemented, any appeal of that action is premature and is dismissed.

Because a proposal to discontinue service connection for diabetic neuropathy, left upper extremity was not implemented, any appeal of that action is premature and is dismissed.

FINDING OF FACT

In May 2020, the VA Regional Office proposed to discontinue service connection for bilateral upper extremity diabetic neuropathy. That proposal has not been implemented.

CONCLUSION OF LAW

There is no question of law or fact on appeal. 38 U.S.C. §§ 7104; 7105; 38 C.F.R. §§ 3.105 (e), 20.104, 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1987 to May 1995.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2020 decision by the Regional Office (RO) of the United States Department of Veterans Affairs (VA).

1. Because a proposal to discontinue service connection for diabetic neuropathy, right upper extremity (claimed as peripheral neuropathy).

2. Because a proposal to discontinue service connection for diabetic neuropathy, left upper extremity (claimed as peripheral, neuropathy).

The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. §§ 7104; 7105; 38 C.F.R. §§ 20.104, 20.205. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.

Additionally, where action by the rating agency would result in the reduction or discontinuance of compensation payments, § 3.105(e) requires that a rating initially proposing the reduction or discontinuance be prepared setting out all material facts and reasons for the proposed action. The regulations requires that the beneficiary of the compensation payments be notified at his or her latest address of record of the contemplated action, furnished details reasons therefore, and be given 60 days from the date of the notice for the presentation of additional evidence to show that the compensation payments should be continued at their present level. See 38 C.F.R. § 3.105 (e).

In May 2020, the RO proposed to discontinue service connection for bilateral upper extremity diabetic neuropathy. The Veteran was given notice of the proposal as required under 38 C.F.R. § 3.105 (e). The Veteran then prematurely filed a VA Form 10182 in May 2020, appealing the proposed discontinuance directly to the Board.

This action by the RO to sever service connection was only a proposal and did not constitute a decision by the RO on the claim.  An April 2021 rating decision reduced the evaluation of the Veteran's service-connected bilateral upper extremity diabetic neuropathy from 20 percent to noncompensable but did not sever service connection for the same.  As of this writing, the Veteran has not appealed this decision and the Board has no jurisdiction over it.  The Board notes that there is still time in which to file a notice of disagreement with the April 2021 decision, if he so chooses.

The Board does not review proposed decisions to sever service connection. Therefore, this appeal is not properly before the Board for consideration as there is no question of law or fact and is dismissed.

 

 

MARJORIE A. AUER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Kelsey Love, Associate 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.