Citation Nr: A21020668
Decision Date: 12/30/21	Archive Date: 12/30/21

DOCKET NO. 200616-91515
DATE: December 30, 2021

ORDER

Entitlement to attorney fees based on past-due benefits awarded in an April 2020 rating decision is dismissed.

FINDING OF FACT

In October 2020, prior to the promulgation of a decision in the appeal, the appellant requested withdrawal of the issue on appeal.  

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. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from May 1966 to June 1986.  

The appellant is the Veteran's former attorney representative.  See July 12, 2021 correspondence. 

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2020 decision of a Department of Veterans Affairs (VA) Regional Office (RO).  In June 2020, the appellant submitted a VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement) and requested Direct Review by a Veterans Law Judge. 

Entitlement to attorney fees based on past-due benefits awarded in an April 2020 rating decision. 

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  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 20.205.  Withdrawal may be made by the appellant or by his or her authorized representative.  Id. 

In the present case, the appellant withdrew this appeal in writing in October 2020.  There are 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.

 

 

S. HENEKS

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.