Citation Nr: A19001581 Decision Date: 09/26/19 Archive Date: 09/26/19 DOCKET NO. 190506-9434 DATE: September 26, 2019 ORDER Reinstatement of an evaluation of posttraumatic stress disorder (PTSD), which is currently 50 percent disabling, and is proposed to be decreased to 30 percent, is dismissed. FINDING OF FACT Evaluation of PTSD, which is currently 50 percent disabling, was proposed to be decreased to 30 percent, but never went into effect. CONCLUSION OF LAW There is no question of law or fact on appeal. 38 U.S.C. § 7104; 7105; 38 C.F.R. § 20.104. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1966 to March 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an April 2019 rating decision. The Board has jurisdiction where there is a question of law or fact on appeal to the Secretary. 38 U.S.C. § 7104; 7105; 38 C.F.R. § 20.104. Under 38 U.S.C. § 7105, the Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. Additionally, where action by the rating agency would result in the reduction or discontinuance of compensation payments, § 3.105(e) requires that a rating initially proposing the reduction or discontinuance be prepared setting out all material facts and reasons for the proposed action. The regulation requires that the beneficiary of the compensation payments be notified at his or her latest address of record of the contemplated action, furnished detailed reasons therefore, and be given 60 days from the date of the notice for the presentation of additional evidence to show that the compensation payments should be continued at their present level. See 38 C.F.R. § 3.105(e). In an April 2019 rating decision, the Regional Office (RO) proposed to reduce the Veteran’s current 50 percent rating for PTSD to 30 percent. The Veteran was given notice of the proposal as required under 30 C.F.R. § 3.105(e). The Veteran then (Continued on the next page)   prematurely filed a VA-10182 form, appealing the proposed reduction. However, this was only a proposal and no subsequent rating decision had, or has ever, been issued reducing the Veteran’s 50 percent rating. Therefore, this appeal is not properly before the Board for consideration as there is no question of law or fact and is dismissed. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jorge Barroso, 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.