Citation Nr: A25035130 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 230812-368657 DATE: April 16, 2025 ORDER The appeal of the proposed reduction of the rating for posttraumatic stress disorder (PTSD), with major depressive disorder and polysubstance dependence, is dismissed. The appeal of the proposed reduction of the rating for traumatic brain injury (TBI) with residual headaches is dismissed. FINDING OF FACT The July 2023 rating decision that proposed to reduce the rating for PTSD, with major depressive disorder and polysubstance dependence, and the rating for TBI, with residual headaches, is not an appealable decision. CONCLUSIONS OF LAW 1. The criteria for dismissal of the appeal of the proposed reduction of the rating for PTSD, with major depressive disorder and polysubstance dependence, have been met. 38 U.S.C. §§ 5112, 7105 (2024); 38 C.F.R. §§ 3,105, 20.205 (2024). 2. The criteria for dismissal of the appeal of the proposed reduction of the rating for TBI, with residual headaches, have been met. 38 U.S.C. §§ 5112, 7105 (2024); 38 C.F.R. §§ 3,105, 20.205 (2024). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably in the U.S. Army from October 2004 to November 2006. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2023 rating decision by the agency of original jurisdiction (AOJ). The Veteran appealed the July 2023 AOJ decision in an August 2023 VA Form 10182 Decision Review Request: Board Appeal (Notice of Disagreement). 1. The appeal of the proposed reduction of the rating for PTSD with major depressive disorder and polysubstance dependence 2. The appeal of the proposed reduction of the rating for TBI with residual headaches 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. Decisions are final when the underlying claim is finally adjudicated. Final decisions will be accepted by VA as correct with respect to the evidentiary record and the law that existed at the time of the decision, in the absence of clear and unmistakable error. At any time after a decision is final, the claimant may request, or VA may initiate, review of the decision to determine if there was a clear and unmistakable error in the decision. Where evidence establishes such error, the prior decision will be reversed or amended. 38 C.F.R. § 3.105(a)(1). For reductions, 38 C.F.R. § 3.105(e) requires the AOJ to issue a rating decision proposing the reduction and setting forth all material facts and reasons, notify the beneficiary of the contemplated action and furnish detailed reasons therefore, and allow 60 days for the presentation of additional evidence to show that payments should continue at the present level. If a reduction is found to be warranted upon consideration of any additional evidence submitted, final rating action will be taken, and compensation will be reduced effective the last day of the month in which a 60-day period from the date of notice of the final action expires. See Stelzel v. Mansfield, 508 F.3d 1345, 1347-49 (Fed. Cir. 2007); VAOPGCPREC 71-91 (Nov. 7, 1991). In the July 2023 rating decision on appeal, the AOJ proposed a decrease in the rating for the Veteran's service-connected PTSD, with major depressive disorder and polysubstance dependence, from 70 percent to 0 percent and a decrease in the rating for the Veteran's service-connected TBI, with residual headaches, from 40 percent to 0 percent. In the accompanying notification letter, the Veteran was given notice of the proposal as required under 38 C.F.R. § 3.105(e). Because the July 2023 rating decision was merely the AOJ's proposal to reduce the Veteran's PTSD and TBI ratings pursuant to 38 C.F.R. § 3.105, rather than a final rating action reducing the Veteran's rating, it is not an appealable decision. As such, dismissal of this appeal is warranted. If the AOJ reduces the rating for the Veteran's PTSD and TBI in the future, the Veteran may timely seek review of that decision if he disagrees with the action taken. The notification letter for any such action will inform the Veteran of his options to seek review. See 38 C.F.R. § 3.103(f). This dismissal will have no prejudicial impact on any such future action. (Continued on Next Page) ? Finally, the Board notes that the Veteran was sent a letter in January 2025 informing him that his August 2023 Notice of Disagreement did not meet the necessary procedural requirements for an appeal because the July 2023 rating decision was not a final decision. The Veteran was given 60 days to respond and was informed that if he did not respond within the requisite time period, the Board would dismiss his appeal. To date, the Veteran has not submitted any response to the January 2025 letter regarding his August 2023 appeal. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Zimmerman, K. 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.