Citation Nr: A21018599
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 210303-145020
DATE: November 22, 2021

ORDER

The issue of eligibility to the direct payment of agent fees based on past-due benefits awarded in a December 2020 rating decision which, in part, granted an earlier effective date for a total rating for compensation purposes based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.

FINDING OF FACT

In an August 2021 statement, C.D. waived entitlement to fees.

CONCLUSION OF LAW

The criteria for dismissal of the issue of eligibility to the direct payment of agent fees based on past due benefits awarded in a December 2020 rating decision have been met. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served in the U.S. Navy from June 1989 to August 1995.

C.D. is the Veteran's former agent.

Eligibility to the direct payment of agent fees based on past-due benefits awarded in a December 2020 rating decision.

In a December 2020 rating decision, the Regional Office (RO), in part, granted an earlier effective date to June 12, 2017, for the award of TDIU. In a February 2021 fee decision, the RO awarded C.D. $6,160.88 in fees. In March 2021, the Veteran appealed the award of fees. In an August 2021 letter, C.D. stated that he was waiving entitlement to any fees.

As C.D. waived entitlement to agent fees, the matter before the Board is moot. There is no case or controversy over which the Board could issue a decision. Therefore, the appeal is dismissed. 

 

Vito A. Clementi

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	J. E. Miller, Counsel

The Board's action is binding only in this case. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.