M.A. and Department of Veterans Affairs, Michael E. DeBakey VA Medical Center (Board decision, August 14, 2025)

ECAB final decision. The Board dismissed the appeal of OWCP's September 12, 2024 decision as untimely without reaching the merits. 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 a September 2024 OWCP decision on June 25, 2025. The 180-day appeal period had ended March 11, 2025. The employee provided no documented compelling reason for the delay. The Board found it lacked jurisdiction and dismissed the appeal.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: Appeal dismissed as untimely; no compensation merits review.
• Key point: The notice of appeal arrived after the 180-day filing period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.A., Appellant
)
)
and ) Docket No. 25-0671
)
Issued: August 14, 2025
DEPARTMENT OF VETERANS AFFAIRS,
)
MICHAEL E. DeBAKEY VA MEDICAL
)
CENTER, 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 June 25, 2025 appellant filed an appeal from a September 12, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 25-0671.

The Board, having duly considered this matter, notes that the Board has jurisdiction to review final adverse decisions of OWCP issued under the Federal Employees’ Compensation Act (FECA).1 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s review authority is limited to appeals which are filed within 180 days from the date of issuance of OWCP’s decision. 2

The 180 th day following the September 12, 2024 decision was March 11, 2025. As appellant did not file an appeal with the Board until June 25, 2025, more than 180 days after the

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.” September 12, 2024 OWCP decision, the Board finds that the appeal docketed as No. 25-0671 is untimely filed. 3 The Board is without jurisdiction to review the appeal. Appellant has not explained the failure to timely file an appeal with supporting documentation sufficient to establish compelling circumstances. Because there is no final adverse decision issued by OWCP within 180 days of the filing of the instant appeal, the Board concludes that the appeal docketed as No. 2 5- 0671 must be dismissed. 4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0671 is dismissed.

Issued: August 14, 2025
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

3
20 C.F.R. § 501.3(f) indicates that, a notice of appeal is considered to have been filed only if received by the Clerk of the Appellate Boards.
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