S.M. and Department of Veterans Affairs, VA Healthcare System (Board decision, January 13, 2026)

ECAB final decision dismissing appeal. The Board dismissed the appeal as untimely without reviewing the compensation merits. 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

The employee appealed a January 31, 2025 OWCP decision on August 7, 2025. The Board found the appeal came after the 180-day filing period and dismissed it for lack of jurisdiction. The order does not resolve the underlying compensation merits.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
• Outcome: Appeal dismissed as untimely.
• Key point: A Board appeal generally must be filed within 180 days of the adverse OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
S.M., Appellant
)
)
Docket No. 25-0773
and ) Issued: January 13, 2026
)
DEPARTMENT OF VETERANS AFFAIRS, VA )
HEALTHCARE SYSTEM, Fresno, CA,
)
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 August 7, 2025 appellant filed an appeal from a January 31, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 25-0773.

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 January 31, 2025 decision was July 30, 2025. As appellant did not file an appeal with the Board until August 7, 2025, more than 180 days after the January 31,

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.” 2025 OWCP decision, the Board finds that the appeal docketed as No. 25-0773 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. 25-0773, must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0773 is dismissed.

Issued: January 13, 2026
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
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).