Citation Nr: 21064362
Decision Date: 10/19/21	Archive Date: 10/19/21

DOCKET NO. 20-27 094
DATE: October 19, 2021

ORDER

As the appeal for eligibility to the direct payment of attorney fees from past due benefits awarded based on the grant of dependent benefits has been withdrawn, the appeal is dismissed.

FINDING OF FACT

On July 6, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the Appellant that a withdrawal of this appeal is requested.

CONCLUSION OF LAW

The criteria for withdrawal of an appeal by the Appellant have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Appellant in this case is the Veteran's attorney, who represented him in appeals before the Board.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2017 fee decision (Summary of the Case) of a Department of Veterans Affairs (VA) Regional Office (RO).

Eligibility to the direct payment of attorney fees from past due benefits awarded based on the grant of dependents benefits

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.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 appellant or by his or her authorized representative. 38 C.F.R. § 19.55.  

In January 2017, the Veteran filed a VA 21-686c Application Request to Add and/or Remove Dependents, asserting his wife was his dependent.

In October 2017, the AOJ granted the claim to add his spouse to his award of VA compensation benefits as a dependent and awarded the Veteran additional compensation.

In the same month, VA issued a fee decision, that informed the parties (Appellant and Veteran) that the Appellant was not eligible to the direct payment of attorney fees because VA never received a valid Notice of Disagreement (NOD) with the issue of dependency. 

Thereafter, in November 2017, VA received the Appellant's NOD with the October 2017 fee decision that denied attorney fees related to the October 2017 award for dependent benefits. Subsequently, the AOJ issued a Statement of the Case (SOC) in April 2020 to both parties. The Appellant filed a substantive appeal (Form 9) in June 2020. The claim was certified to the Board in June 2020.

Next, in July 2020, VA received written correspondence from the Appellant, wherein he withdrew the appeal; this correspondence included the Veteran's name and the claim number; the communication was clear as to the withdrawal of the appeal. Hence, there remain no allegations of errors of fact or law for appellate consideration.  Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed.

 

C.A. SKOW

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Pendleton, N.

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.