Citation Nr: 18152140
Decision Date: 11/21/18	Archive Date: 11/21/18

DOCKET NO. 16-40 694A
DATE:	November 21, 2018
ORDER
The appeal of whether VA improperly calculated attorney fees based on a March 25, 2016, rating decision is dismissed.
FINDING OF FACT
In a November 2017 statement, the appellant withdrew the appeal of whether VA improperly calculated attorney fees based on a March 25, 2016, rating decision.
CONCLUSION OF LAW
The criteria for withdrawal of the appeal whether VA improperly calculated attorney fees based on a March 25, 2016, rating decision have been met.  38 U.S.C. § 7105(b)(2), (d)(5) (2012); 38 C.F.R. § 20.204 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from September 1973 to February 1994.  This matter is before the Board on appeal from an April 2014 administrative decision of the Department of Veterans Affairs (VA) Regional Office (RO), which granted a partial attorney fee because some of the Veteran’s back pay was withheld for recoupment of Retired Military Pay.  The appellant and the Veteran entered into a fee agreement in February 2014.  The Veteran has other issues on appeal before the Board.  They will be addressed in another decision from another Veterans Law Judge.
Withdrawal of Appeal
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.  A substantive appeal may be withdrawn on record at a hearing or in writing at any time before the Board promulgates a decision. 38 C.F.R. § 20.202. Withdrawal may be made by the appellant or by his or her authorized representative. 38 C.F.R. § 20.204. 
In a November 2017 statement, the appellant withdrew the appeal in response to retroactive payment being awarded to the Veteran and the corresponding attorney fees being delivered to the appellant.  As such, there remain no allegations of errors of fact or law for appellate consideration in this claim. Accordingly, the Board does not have jurisdiction to review the appeal, and the claim is dismissed.
 
K. MILLIKAN
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Steve Ginski, Associate Counsel