Citation Nr: A25035649 Decision Date: 04/16/25 Archive Date: 04/17/25 DOCKET NO. 250208-514746 DATE: April 16, 2025 ORDER The appeal of a proposal to reduce the disability rating from 100 percent to 20 percent for prostate cancer is dismissed. The appeal of a proposal to discontinue entitlement to special monthly compensation (SMC) at the housebound rate is dismissed. FINDINGS OF FACT 1. No disability rating reduction had occurred for prostate cancer at the time the Veteran submitted the February 2025 VA Form 10182 Notice of Disagreement; therefore, the appeal was premature, and the Board must dismiss the matter as the notification of the proposal to reduce the rating was not ripe for appeal. 2. No disability rating reduction had occurred for discontinuation of entitlement to special monthly compensation (SMC) at the housebound rate at the time the Veteran submitted the February 2025 VA Form 10182 Notice of Disagreement; therefore, the appeal was premature, and the Board must dismiss the matter as the notification of the proposal to reduce the rating was not ripe for appeal CONCLUSIONS OF LAW 1. The criteria for dismissal of the appeal of the proposal to reduce the disability rating from 100 percent to 20 percent for prostate cancer have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.105(e), 3.2500, 20.201, 20.202. 2. The criteria for dismissal of the appeal of the proposal to discontinue entitlement to special monthly compensation (SMC) at the housebound rate have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.105(e), 3.2500, 20.201, 20.202. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Navy from January 1968 to December 1971. In February 2025, the Veteran submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), and elected the Direct Review docket. The Notice of Disagreement did not, however, identify a specific issue to be appealed or identify a date of any rating decision. The Board notes that the only rating decision in the Veteran's claims file that is within the one-year period prior to the submission of the Notice of Disagreement is a December 2024 proposed action. However, no final determination had yet been made regarding the issues addressed in the proposed action at the time the Veteran submitted the Notice of Disagreement. Proposed reductions of the disability ratings for prostate cancer and for SMC at the housebound rate. The Board may dismiss any appeal which fails to identify the specific determination with which the claimant disagrees. 38 U.S.C. § 7105 (d). In this case, in the December 2024 rating decision, the AOJ proposed to reduce the disability rating from 100 percent to 20 percent for prostate cancer, and proposed to discontinue entitlement to special monthly compensation (SMC) at the housebound rate. These were only proposed actions by the AOJ, however, and thus, the December 2024 rating decision was not a final decision that was appealable as to those issues. In that regard, the Board notes that the December 2024 letter notifying the Veteran of the rating decision indicated that the decisions represented a proposal to reduce the rating for prostate cancer and a proposal to discontinue SMC at the housebound rate and were not final ratings. The letter further advised that the Veteran would be provided with a due process period of 60 days before the AOJ would take further action on the proposal, and that once the 60-day due process period expired, a final rating would be conducted. In response to the December 2024 proposed reductions, the Veteran submitted evidence within the 60-day period, but also prematurely filed the February 2025 VA Form 10182 with the Board attempting to appeal the proposed rating reductions. As the December 2024 rating decision was only a non-final proposed ratings reduction and was not an appealable decision, as noted, the Veteran has not identified a specific determination with which he can appeal. 38 U.S.C. § 7105(d). Therefore, the Board does not have jurisdiction to review these issues, and the appeal is dismissed. Melanie J. Mann Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Skacel, Patrick T. 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.