C.P. and Department of Veterans Affairs, Northern Indiana Health Care System, Fort Wayne VA Medical Center (Board decision, April 21, 2025)

Board dismisses appeal from evidence-request letter (ECAB 25-0428)

Decision type
Board decision
Docket
25-0428
Decided
April 21, 2025
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-10-07

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This is citable Board precedent from 2025, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.

About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official ECAB release. The full text is the agency's own release.
Read the official release (dol.gov)

ECAB final decision dismissing appeal. The Board dismissed the appeal because it had no final adverse OWCP decision to review. Under 20 C.F.R. § 501.6(d), this order becomes final 30 days after issuance. A party may petition the Board for reconsideration within 30 days unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

A VA worker appealed an OWCP letter explaining what evidence was needed to adjudicate a compensation claim. The Board found the letter was informational and did not resolve the claim. It dismissed the appeal without deciding entitlement.

Decision snapshot

  • Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
  • Outcome: Appeal dismissed for lack of a reviewable OWCP decision.
  • Key point: An evidence-request letter was not an appealable final decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
C.P., Appellant
)
)
and ) Docket No. 25-0428
)
Issued: April 21, 2025
DEPARTMENT OF VETERANS AFFAIRS,
)
NORTHERN INDIANA HEALTH CARE
)
SYSTEM, FORT WAYNE VA MEDICAL
)
CENTER, Fort Wayne, IN, Employer )
__________ )

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

ORDER DISMISSING APPEAL

Before:
PATRICIA H. FITZGERALD, Deputy Chief Judge JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On March 18, 2025 appellant filed an appeal from a purported February 19, 2025 decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0428.

The Board, having duly considered this matter, notes that its jurisdiction is limited to the review of final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act (FECA).1 This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the date appellant filed this appeal.2 Although the case record does contain a letter from OWCP dated February 19, 2025, it is purely informational in nature as it apprises appellant of the evidence necessary to adjudicate the compensation claim. Thus, it does not constitute a final

1
5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).
2
20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the date of issuance of a decision of the OWCP.” adverse OWCP decision from which appellant may properly appeal. 3 Because there is no final adverse OWCP decision over which the Board may properly exercise jurisdiction, the Board concludes that the appeal docketed as No. 25-0428 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0428 is dismissed.

Issued: April 21, 2025
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

3
See Order Dismissing Appeal, J.G., Docket No. 22-0657 (issued April 19, 2023); Order Dismissing Appeal, K.S., Docket No. 20-1401 (issued March 17, 2021); Order Dismissing Appeal, S.U., Docket No. 20-0636 (issued December 3, 2020) (correspondence that is purely informational in nature does not constitute a final adverse decision of OWCP from which appellant may properly appeal). 4 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).

2

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