Citation Nr: 21063226
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 17-04 943A
DATE: October 13, 2021

ORDER

The appeal of the issue of eligibility to the direct payment of attorney fees based on past-due benefits awarded in a December 2013 rating decision, which granted, in pertinent part, an increased rating for diarrhea and granted a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) is dismissed.

The appeal of the issue of the reasonableness of attorney fee based on past-due benefits awarded in the December 2013 rating decision is dismissed.

FINDINGS OF FACT

1. In April 2017, J.W. waived entitlement to all attorney fees.

2. On March 10, 2019, prior to the promulgation of a decision in the appeal, the Veteran requested a withdrawal of the issue on appeal.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of eligibility to the direct payment of attorney fees based on past-due benefits awarded in a December 2013 rating decision by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the reasonableness of attorney fees based on past due benefits awarded in a December 2013 rating decision by the Veteran have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

J.W. is the Veteran's former attorney.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the Veteran or by his authorized representative. 38 C.F.R. § 19.55. 

J.W. waived his entitlement to attorney fees and the Veteran has withdrawn this appeal. There are no allegations of errors of fact or law for appellate consideration. The Board does not have jurisdiction to review the appeal and it is dismissed.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. E. Miller, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.