M.A. and Department of Veterans Affairs, Michael E. DeBakey VA Medical Center (Board decision, January 7, 2026)

ECAB final decision dismissing appeal. The Board dismissed the appeal for lack of a final adverse OWCP decision within its review period, without deciding 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 of issuance unless this order specifies another period, under 20 C.F.R. § 501.7(a).

Plain-English summary

The employee appealed a September 2024 OWCP decision in August 2025, but the Board had already dismissed an appeal of that decision as untimely. The other August 2025 decision identified by the employee was a Board decision, not an OWCP decision. The Board dismissed this appeal because no final adverse OWCP decision fell within the 180-day filing window. It said the filing could be treated as a reconsideration petition in the earlier Board docket.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.2(c), 501.3, 501.6(d), 501.7(a).
• Outcome: Appeal dismissed for lack of a reviewable OWCP decision.
• Key point: A prior Board decision does not create a new OWCP appeal period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
M.A., Appellant
)
)
Docket No. 25-0886
and ) Issued: January 7, 2026
)
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
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On August 20, 2025 appellant sought an appeal from a purported August 14, 2025 decision of the Office of Workers’ Compensation Programs (OWCP), and a September 12, 2024 decision. The Clerk of the Appellate Boards docketed the appeal as No. 25-0886.

The Board, having duly considered this matter, notes that its jurisdiction is limited to the review of final adverse OWCP decisions issued under the Federal Employees’ Compensation Act. 1 This jurisdiction encompasses any final decision issued by OWCP within 180 days of the date appellant filed her appeal.2 As of the filing of the current appeal, the most recent OWCP decision was dated September 12, 2024. However, appellant previously appealed that decision to the Board. The August 14, 2025 decision was a Board decision assigned Docket No. 25-0671, wherein the Board dismissed the appeal of OWCP’s September 12, 2024 decision as untimely filed.3 As there is no final adverse decision issued by OWCP within 180 days of the filing of this appeal over

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.” 3
Docket No. 25-0671 (issued August 14, 2025). which the Board may properly exercise jurisdiction, the Board finds that the appeal docketed as No. 25-0886 must be dismissed. 4

IT IS HEREBY ORDERED THAT the appeal docketed as No. 25-0886 is dismissed.5

Issued: January 7, 2026
Washington, DC

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

Janice B. Askin, Judge
Employees’ Compensation Appeals Board

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

4
To the extent that appellant’s August 20, 2025 appeal may be construed as a timely petition for reconsideration of the Board’s August 14, 2025 decision under Docket No. 25-0671, the appeal will be treated as a petition for reconsideration in Docket No. 25-0671. 5 The Board notes that, during the pendency of this appeal, OWCP issued August 25 and December 4, 2025 decisions. The Board concludes that OWCP’s August 25, 2025 and December 4, 2025 decisions are null and void as the Board and OWCP may not simultaneously exercise jurisdiction over the same underlying issue in a case on appeal. 20 C.F.R. §§ 501.2(c)(3), 10.626; see R.L., Docket No. 25-0834 (issued November 26, 2025); A.B., Docket No. 21- 1170 (issued August 28, 2023); J.W., Docket No. 19-1688, n.1 (issued March 18, 2020); Order Remanding Case, J.A., Docket No. 19-0981, n.2 (issued December 30, 2019); Russell E. Lerman, 43 ECAB 770 (1992); Douglas E. Billings, 41 ECAB 880 (1990).

2