Citation Nr: A20007337 Decision Date: 04/30/20 Archive Date: 04/30/20 DOCKET NO. 190723-14287 DATE: April 30, 2020 ORDER The appeal of the issue of entitlement to a disability rating in excess of 30 percent prior to May 30, 2019, and in excess of 60 percent thereafter, for asthma (now characterized as asthma with sleep apnea), to include the propriety of the reduction in the rating from 100 percent, is dismissed. FINDING OF FACT In April 2020 prior to the promulgation of a decision in the appeal, the Board received written notification from the Veteran, by and through representative, that she wished to withdraw from appeal the issue of entitlement to a disability rating in excess of 30 percent prior to May 30, 2019, and in excess of 60 percent thereafter, for asthma, to include the propriety of the reduction in the rating from 100 percent. CONCLUSION OF LAW The criteria for dismissal of the appeal of the issue of entitlement to a disability rating in excess of 30 percent prior to May 30, 2019, and in excess of 60 percent thereafter, for asthma (now characterized as asthma with sleep apnea), to include the propriety of the reduction in the rating from 100 percent, have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION On August 23, 2017, the President signed into law the Veterans Appeals Improvement and Modernization Act, Pub. L. No. 115-55 (to be codified as amended in scattered sections of 38 U.S.C.), 131 Stat. 1105, also known as the Appeals Modernization Act (AMA). AMA applies to cases in which the rating decision (or, for statutory opt-ins, the Statement of the Case (SOC)) was issued on or after February 19, 2019 and creates a new framework for Veterans dissatisfied with VA’s decision on their claim to seek review. The Veteran served in the United States Army from July 2000 to January 2008. This appeal to the Board of Veterans’ Appeal (Board) arose from a February 2016 rating decision, which decreased the Veteran’s asthma from 100 percent from 30 percent, effective May 1, 2016. In February 2016, the Veteran filed VA Form 21-0958, Notice of Disagreement (NOD), contesting the rating reduction. In June 2019, the AOJ furnished the Veteran a Statement of Case (SOC), which increased the Veteran’s asthma from 30 percent to 60 percent, effective May 30, 2019. In July 2019, the Veteran filed VA Form 10182, Decision Review Request: Board Appeal (NOD), opting into the AMA appeal system and requesting Direct Review (of the AOJ’s adjudications in the February 2016 rating decision and the June 2019 SOC) by a Veterans Law Judge. The Board may dismiss any appeal that fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105(d)(5). An appeal may be withdrawn as to any or all issues in the appeal at any time before the Board promulgates a decision. Withdrawal may be made by the appellant or by his authorized representative. 38 C.F.R. § 20.205. In an April 2020 filing with the Board, the Veteran through her representative stated that the grant of the rating for her service-connected asthma to 60 percent effective from May 30, 2019, satisfied her appeal regarding this disability. Thus, no allegations of error of fact or law remain for appellate consideration as to that issue. Accordingly, the Board does not have jurisdiction to review this appeal; it must be dismissed. DEBORAH W. SINGLETON Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Zigan Danklou 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.