L.L. and Department of Veterans Affairs (Board decision, November 4, 2024)

ECAB final decision. The Board granted the appellant's request to withdraw and dismissed the appeal. 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). FECA compensation decisions are generally not subject to court review under 5 U.S.C. § 8128(b).

Plain-English summary

A VA employee appealed an OWCP decision, then sent the Board a written request to withdraw the appeal. The Board granted that request and dismissed the case without deciding the underlying benefits issue.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
• Outcome: Appeal withdrawn and dismissed.
• Key point: A voluntary withdrawal ends Board review of the appealed decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.L., Appellant
)
)
and ) Docket No. 24-0789
)
Issued: November 4, 2024
DEPARTMENT OF VETERANS AFFAIRS,
)
SAN JUAN VA MEDICAL CENTER,
)
San Juan, PR, 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
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge

On July 3, 2024 appellant filed a timely appeal from a June 13, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0789.

By letter dated September 28, 2024, received by the Board on October 10, 2024, appellant requested that his appeal be withdrawn.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. 1 Accordingly,

1
The Board’s decisions and orders are final upon the expiration of 30 days from the date of their issuance.
20 C.F.R. § 501.6(d).
IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 24-0789 is dismissed.

Issued: November 4, 2024
Washington, DC

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

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

James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board

2