M.M. and Department of Veterans Affairs, San Antonio Military Medical Center, Fort Sam Houston, TX (Board decision, May 25, 2023)

ECAB final decision. The Board granted the employee's request to withdraw the appeal. It did not review the OWCP decision. A party may petition the Board for reconsideration within 30 days of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A VA employee appealed an October 26, 2022 OWCP nonmerit decision. The employee later asked to withdraw the Board appeal. The Board granted the request and dismissed the case. It did not review the underlying claim.

Decision snapshot

• Authority: Board dismissal at appellant’s request.
• Outcome: Appeal withdrawn and dismissed.
• Key point: The Board closed the appeal at the employee’s request.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.M., Appellant
)
)
and ) Docket No. 23-0298
) Issued: May 25, 2023
DEPARTMENT OF VETERANS AFFAIRS,
)
SAN ANTONIO MILITARY MEDICAL
)
CENTER, Fort Sam Houston, TX, Employer
)
__________ )

Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:
ALEC J. KOROMILAS, Chief Judge
PATRICIA H. FITZGERALD, Deputy Chief Judge VALERIE D. EVANS-HARRELL, Alternate Judge

On December 19, 2022 appellant filed a timely appeal from an October 26, 2022 nonmerit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned Docket No. 23-0298.

In a letter dated and received April 3, 2023, appellant requested that the appeal be withdrawn.

The Board has duly considered the matter and concludes that appellant’s request for the withdrawal of the appeal should be granted. Accordingly, IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 23-0298 is dismissed.

Issued: May 25, 2023
Washington, DC

Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board

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