Citation Nr: A21020579
Decision Date: 12/28/21	Archive Date: 12/28/21

DOCKET NO. 200522-87218
DATE: December 28, 2021

ORDER

The appeal for past-due benefits awarded in a September 2019 rating decision is dismissed.

FINDING OF FACT

A February 2021 Board decision and subsequent June 2021 notification letter granted the requested attorney fees.

CONCLUSION OF LAW

The Board lacks jurisdiction over the claim for attorney fees because that claim has been granted and rendered moot. 38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from July 1974 to July 1998. The appellant is the Veteran's former attorney.

1. Entitlement to attorney fees for the past-due benefits awarded in a September 2019 rating decision

In February 2021, the Board granted the requested attorney fees. A June 2021 notification letter confirmed that the funds were disbursed. 

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; 38 C.F.R. § 20.202. Here, as a result of the AOJ's action, there no longer remains a case or controversy with respect to this claim. Therefore, the Board lacks jurisdiction over this issue because it has been granted and rendered moot on appeal. 38 U.S.C. §§ 7104, 7105; 38 C.F.R. §§ 19.7, 20.101, 20.200, 20.202. Therefore, dismissal of this claim is warranted.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Creegan, Amanda

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.