Citation Nr: A25037726
Decision Date: 04/24/25	Archive Date: 04/24/25

DOCKET NO. 241029-487127
DATE: April 24, 2025

ISSUE

Eligibility for the direct payment of attorney fees based on past-due benefits awarded in an August 28, 2024, rating decision.

ORDER

The issue of eligibility for the direct payment of attorney fees based on past-due benefits awarded in the August 28, 2024, rating decision, is dismissed.

FINDINGS OF FACT

1. In August 30, 2024, the RO issued a Fee Decision denying the appellant attorney fees based on past-due benefits awarded in an August 28, 2024, rating decision. The appellant submitted a VA Form 10182 on October 29, 2024, disagreeing with the August 30, 2024, fee decision.

2. On November 18, 2024, the RO released $7,7764.74 to the appellant for attorney fees associated with the August 30, 2024, Fee Decision.

3. On March 10, 2025, the appellant submitted a motion to withdraw the October 29, 2024, VA Form 10182, stating that the appeal had been resolved.

CONCLUSION OF LAW

The appellant's appeal for eligibility to attorney fees associated with the August 30, 2024, Fee Decision, is rendered moot by the November 18, 2024, payment of attorney fees; and by the appellant's written motion to withdraw the appeal. As such, the criteria for dismissal of the appeal are met. 38 U.S.C. § 7105 (d)(5); 38 C.F.R. § 20.205. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from September 1993 to September 1997, during the Gulf War Era.

This appeal comes before the Board of Veterans' Appeals (Board) from an August 30, 2024, fee decision of the U.S. Department of Veterans Affairs (VA) Regional Office (RO).

The appellant is the Veteran's attorney. 

The appellant filed a timely VA Form 10182 on October 29, 2024, citing the August 30, 2024, fee decision, and elected the Direct Review docket. 

The issue of eligibility for the direct payment of attorney fees based on past-due benefits awarded in the August 28, 2024, rating decision, is dismissed.

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.

On January 18, 2023, the Veteran executed a VA Form 21-22a appointing the appellant as his representative and the a fee agreement which stated that the appellant is entitled to fees in the amount of 20 percent of any past-due benefits awarded, and that fees were to be paid directly to the appellant by VA. Accordingly, the Veteran's appointment of the appellant as his attorney and the associated fee agreement are valid.

The RO in an August 30, 2024, fee decision denied the appellant attorney fees based on past-due benefits awarded in an August 28, 2024, rating decision. The appellant submitted a VA Form 10182 on October 29, 2024, disagreeing with the August 30, 2024, fee decision. On November 18, 2024, the RO released $7,7764.74 to the appellant for attorney fees associated with the August 30, 2024, Fee Decision. On March 10, 2025, the appellant submitted a motion to withdraw the October 29, 2024, VA form 10182, stating that the appeal had been resolved.

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. The November 18, 2024, release of funds associated with the August 30, 2024, Fee Decision rendered the appellant's appeal for payment of fees moot. Further, the appellant submitted a motion in writing requesting that the appeal be dismissed and explaining that the appeal had been resolved. The appellant's motion contained the appellant's name, the Veteran's name, address, and file number, and a statement that he requested the appeal to be withdrawn. 

(Continued on next page.)

The Board finds that there remains no case or controversy for consideration and that the appellant's written motion meets the requirements for withdrawal. See 38 C.F.R. § 20.205 (b)(1).  Accordingly, the appeal is dismissed.

 

 

Michael A. Pappas

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Palidar, E.

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.