Citation Nr: A25035120 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 240712-456559 DATE: April 16, 2025 ORDER The appeal of a proposed reduction in the rating for service-connected left knee meniscal tear, strain, osteoarthritis, chondromalacia with baker's cyst (hereinafter referred to as a "left knee disability") from 30 percent to 10 percent is dismissed. FINDING OF FACT The June 2024 rating decision that was appealed only proposed a reduction in the evaluation of the Veteran's service-connected left knee disability and was not a final decision; thus, the Veteran's appeal of the June 2024 proposed rating decision was premature. CONCLUSION OF LAW The criteria for dismissal of the appeal of a proposed reduction have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from November 1986 to June 1992. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2024 rating decision issued by a Department of Veterans Affairs (VA) regional office, the agency of original jurisdiction (AOJ). In the July 2024 VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the June 2024 AOJ decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. The appeal of a proposed reduction in the rating for a service-connected left knee disability from 30 percent to 10 percent is dismissed. The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 38 C.F.R. § 20.101. The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105(d). A review of the record shows that the AOJ issued a June 2024 rating decision in which it proposed to reduce the Veteran's ratings for a left knee disability from 30 percent to 10 percent. See Rating Decision - Narrative, June 2024. This was only a proposed action by the AOJ, however, and the June 2024 rating decision was not a final decision that was appealable as to that issue. During the period on appeal, the disability rating for the Veteran's left knee disability remained at 30 percent. In response to the June 2024 proposed reduction, the Veteran prematurely filed a VA Form 10182 with the Board and is attempting to appeal the proposed rating reduction. However, as noted above, the June 2024 decision was only a non-final proposed rating reduction and was not an appealable decision. Accordingly, the Veteran has not identified a specific determination with which she can appeal. See 38 U.S.C. § 7105(d). The Board highlights 38 C.F.R. §§ 20.203 and 3.2500, Place and time of filing of Notice of Disagreement and Review of Decisions, respectively, to guide the claims processing rule at issue. The Board points out, as explained in these provisions, a veteran may appeal a claim within one year from the date that the AOJ issues a notice of a decision. Id. Thus, a proposal to reduce a disability rating is not an appealable issue because it is not an actual decision but is, instead, a proposed action. Indeed, there are due process rights associated with the proposal, which in this case were provided to the Veteran along with the June 2024 rating decision, explaining that further action was required prior to the matters becoming ripe for appeal. See 38 C.F.R. § 20.200; see also VA Notification Letter, June 2024. The Board notes that, to date, the proposed reduction has not been adjudicated by the AOJ. In the event the proposed reduction is effectuated in a rating decision, the Veteran will have the opportunity to appeal any adverse action at that time. Therefore, the Board finds that the Veteran is in no way prejudiced by this dismissal. (continued on next page) ? In short, because the Veteran's June 2024 VA Form 10182 was submitted prematurely (before the disability rating was actually reduced), the present appeal must be dismissed due to the Veteran's failure to follow statutorily required appeals processing procedures. See 38 C.F.R. §§ 20.203; 3.2500. For the foregoing reasons, the appeal is dismissed. B. D. WATSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board P. S. Rubin, 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.