Citation Nr: A25041247 Decision Date: 05/06/25 Archive Date: 05/06/25 DOCKET NO. 211004-188902 DATE: May 6, 2025 ORDER The appeal of a proposed reduction of special monthly compensation (SMC) based on the need for aid and attendance is dismissed. FINDING OF FACT No reduction had occurred at the time the Veteran submitted the October 2021 VA Form 10182 Notice of Disagreement; therefore, the appeal was premature, and the Board must dismiss the matter, as the August 2021 notification of the proposal to reduce the Veteran's SMC award for aid and attendance was not ripe for appeal. CONCLUSION OF LAW The criteria for dismissal of the appeal of a proposed reduction of the Veteran's SMC award for aid and attendance have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the U.S. Army from October 1969 to October 1989. In the October 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket. Therefore, the Board may only consider the evidence of record at the time of the Augst 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran 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 of a proposed reduction of SMC based on the need for aid and attendance is dismissed. In this case, the AOJ proposed to reduce the Veteran's SMC award for aid and attendance in an August 2021 rating decision. The August 2021 notification, however, was only a proposed rating action by the AOJ; it was not a final decision that was appealable as to that issue. (Continued on the next page) ? In response to the August 2021 proposed reduction, the Veteran prematurely filed a VA Form 10182 with the Board in October 2021 and attempted to appeal the proposed rating reduction. However, as noted above, the August 2021 rating decision was only a non-final proposed reduction and was not an appealable decision. In that regard, the United States Court of Appeals for Veterans Claims has held that the AOJ's decision to defer a ruling until a later date does not constitute a final decision by the AOJ because all factual and legal questions relevant to the claim have been reserved for adjudication at a later date. Shipley v. Shinseki, 24 Vet. App. 458 (2011). Accordingly, the Veteran has not identified a specific determination with which he can appeal. See 38 U.S.C. § 7105(d). Therefore, the Board cannot review this issue, and the appeal is dismissed. ANTHONY C. SCIRÉ, JR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. B. Kucera 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.