Citation Nr: A25035771 Decision Date: 04/17/25 Archive Date: 04/17/25 DOCKET NO. 210717-172758 DATE: April 17, 2025 ORDER The appeal of the proposed reduction in disability rating for service-connected migraines, from 50 percent to 30 percent, is dismissed. The appeal of the proposed reduction of the level of entitlement to special monthly compensation (SMC) from housebound status to the level based on loss of use of a creative organ is dismissed. FINDINGS OF FACT 1. The June 2021 rating decision, which proposed to reduce the disability rating for service-connected migraines from 50 percent to 30 percent, was not a final decision for the purposes of a Board appeal under 38 U.S.C. § 7104. 2. The June 2021 rating decision, which proposed to reduce the level of entitlement to SMC from housebound status to the level based on loss of use of a creative organ was not a final decision for the purposes of a Board appeal under 38 U.S.C. § 7104. CONCLUSIONS OF LAW 1. The criteria for dismissal of the appeal of the June 2021 rating decision, which proposed to reduce the disability rating for migraines from 50 percent to 30 percent, have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.104, 20.205. 2. The criteria for dismissal of the appeal of the June 2021 rating decision, which proposed to reduce the level of entitlement to SMC from housebound status to the level based on loss of use of a creative organ, have been met. 38 U.S.C. § 7105; 38 C.F.R. §§ 20.104, 20.205. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2021 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In the July 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected to appeal the issues listed above and requested a period of 90 days to submit additional evidence. This restricts the Board's review to the evidence of record at the time of the June 2021 rating decision on appeal and evidence submitted with, or within 90 days of filing of, the Notice of Disagreement initiating appellate review. 38?C.F.R. § 20.303. 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. Analysis The June 2021 rating decision proposed to reduce the disability rating for service-connected migraines from 50 percent to 30 percent and also proposed to reduce the level of entitlement to SMC from housebound status to the level based on loss of use of a creative organ. This rating decision was consistent with 3.105(e), which directs the RO to issue a rating proposing the reduction setting forth all material facts and reasons. The July 2019 rating decision was a reduction proposal and not an actual reduction. Therefore, it was not an appealable decision. See 38 C.F.R. § 20.202 (a); see also Shipley v. Shinseki, 24 Vet. App. 458, 461-62 (2011) (a deferred decision does not constitute an adjudicative decision from which a NOD may be filed because it is not a final decision). Here, there was no final adjudication in the decision on appeal. The rating decision was a proposal and did not actually reduce the rating or the level of SMC entitlement at that time. Instead, the reductions were effectuated in a July 2021 rating decision, which the Veteran has not appealed. Thus, the proposed rating reduction was not an appealable decision. Therefore, the claims are dismissed. M. Donohue Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Turnipseed, 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.