Citation Nr: A24021069 Decision Date: 04/24/24 Archive Date: 04/24/24 DOCKET NO. 210106-135471 DATE: April 24, 2024 ORDER The appeal seeking reversal of rating reductions from 20 percent to noncompensable for intervertebral disc syndrome (IVDS) and from 10 percent to noncompensable for patellofemoral pain syndrome and left patellar tendonitis is dismissed. FINDING OF FACT The present appeal comes from a November 2020 rating decision that proposed rating reductions from 20 percent to noncompensable for the Veteran's IVDS and from 10 percent to noncompensable for patellofemoral pain syndrome and left patellar tendonitis. At the time of the January 2021 notice of disagreement (NOD), the reduction had not been implemented and the propriety of the current ratings were not adjudicated. The rating reductions were not implemented, and the ratings were continued in a May 2021 rating decision, which has not been appealed to the Board. CONCLUSION OF LAW There is no question of law or fact on appeal and the criteria for dismissal are met. 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 honorably served in the United States Army on active duty from February 2011 to January 2015. This matter is before the Board of Veterans' Appeals (Board) on appeal from a November 2020 proposed decision of a Department of Veterans Affairs (VA) Regional Office (RO). In the January 6, 2021, VA Form 10182, Decision Review Request: Board Appeal (NOD), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the November 2020 agency of original jurisdiction (AOJ) proposed decision on appeal, as well as any evidence submitted by the Veteran or representative with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801. The appeal seeking reversal of rating reductions from 20 percent to noncompensable for IVDS and from 10 percent to noncompensable for patellofemoral pain syndrome and left patellar tendonitis is dismissed. The Board finds that the present appeal was not filed in response to a notice of decision by the AOJ, just a proposed decision. As such, filing of an NOD was premature and the appeal seeking reversal of the proposed rating reductions must be dismissed. 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. The November 2020 rating decision proposed rating reductions from 20 percent to noncompensable for the Veteran's IVDS and from 10 percent to noncompensable for patellofemoral pain syndrome and left patellar tendonitis. The Veteran appealed this proposal with a VA Form 10182, Board Appeal (NOD), which was received by VA on January 6, 2021. Thereafter, the AOJ issued a May 2021 rating decision, which did not implement the proposed reductions and continued the prior ratings. Accordingly, the Board finds that the January 2021 NOD was premature because no decision had been made at the time of filing. The proposed reductions were not implemented, which renders any appeal regarding reinstatement of the ratings moot. Lastly, the Veteran did not file an NOD as to the rating assigned in the May 2021 rating decision. Therefore, this appeal is not properly before the Board for consideration as there is no question of law or fact and is dismissed. S. F. Keane Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Lambert 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.