A.H. and Department of Veterans Affairs, Jesse Brown VA Medical Center (Board decision, March 26, 2026)

ECAB remand decision. The Board set aside OWCP's October 24, 2025 decision and remanded for combined claim files and a new decision; injury entitlement remains unresolved. 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 Veterans Affairs food service worker claimed a right-knee injury while turning a lunch cart. He also had other right-knee injury claims, but OWCP decided the current claim without combining the related files. The Board directed OWCP to join the files so it could review all relevant evidence before deciding again.

Decision snapshot

• Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c), 501.3.
• Outcome: OWCP's denial was set aside and remanded.
• Key point: The related knee claims needed a combined record for a fair decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.H., Appellant
)
)
and ) Docket No. 26-0140
) Issued: March 26, 2026
DEPARTMENT OF VETERANS AFFAIRS,
)
JESSE BROWN VA MEDICAL CENTER,
)
Chicago, IL, Employer
)
__________ )

Appearances: Case Submitted on the Record
Alan J. Shapiro, Esq., for the appellant1
Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:
ALEC J. KOROMILAS, Chief Judge
JANICE B. ASKIN, Judge
VALERIE D. EVANS-HARRELL, Alternate Judge

On December 1, 2025 appellant, through counsel, filed a timely appeal from an October 24, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP).2 The Clerk of the Appellate Boards docketed the appeal as No. 26-0140.

On September 21, 2024 appellant, then a 53-year-old food service worker, filed a traumatic injury claim (Form CA-1) alleging that on September 20, 2024 he awkwardly twisted his right knee when he turned a large lunch tray cart while in the performance of duty. He stopped work on the claimed date of injury. On the reverse side of the claim form, the employing establishment controverted the claim, contending that appellant reported for duty on September 20, 2024 wearing

1
In all cases in which a representative has been authorized in a matter before the Board, no claim for a fee for legal or other service performed on appeal before the Board is valid unless approved by the Board. 20 C.F.R. § 501.9(e). No contract for a stipulated fee or on a contingent fee basis will be approved by the Board. Id. An attorney or representative’s collection of a fee without the Board’s approval may constitute a misdemeanor, subject to fine or imprisonment for up to one year or both. Id.; see also 18 U.S.C. § 292. Demands for payment of fees to a representative, prior to approval by the Board, may be reported to appropriate authorities for investigation. 2 The Board notes that, following the October 24, 2025 decision OWCP received additional evidence. The Board’s Rules of Procedure provides: “The Board’s review of a case is limited to the evidence in the case record that was before OWCP at the time of its final decision. Evidence not before OWCP will not be considered by the Board for the first time on appeal.” 20 C.F.R. § 501.2(c)(1). Thus, the Board is precluded from reviewing this additional evidence for the first time on appeal. Id. a brace on his right knee due to a prior injury. OWCP assigned this claim OWCP File No. xxxxxx250.

OWCP subsequently received a June 17, 2024 witness statement wherein T.B., an employing establishment supervisor, asserted that he observed appellant limping that day after a reported motor vehicle accident.

In a statement dated September 25, 2024, the employing establishment controverted the claim, contending that appellant had previously filed an occupational disease claim for a May 18, 2023 right knee injury.

OWCP subsequently received statements dated September 13 and 20, 2024 wherein B.S., an employing establishment supervisor, asserted that appellant reported lower extremity symptoms while in the performance of duty on September 13 and 20, 2024.

By decision dated February 19, 2025, OWCP denied the claim, finding that the evidence was insufficient to establish a causal relationship between appellant’s diagnosed conditions and the accepted employment factors.

On March 6, 2025 appellant, through counsel, requested an oral hearing before a representative of OWCP’s Branch of Hearings and Review, held August 6, 2025. At the hearing, OWCP’s hearing representative recounted that in addition to the traumatic injury claim under OWCP File No. xxxxxx250, appellant filed an occupational disease claim (Form CA-2) on September 21, 2024 for slight swelling of the right knee, assigned OWCP File No. xxxxxx257. Appellant also filed a second traumatic injury claim on October 11, 2024, assigned OWCP File No. xxxxxx294, alleging a possible meniscal tear, and aggravation of preexisting osteoarthritis of the right knee causally related to an August 11, 2024 employment incident.

By decision dated October 24, 2025, OWCP’s hearing representative affirmed the February 19, 2025 OWCP decision. The hearing representative directed that OWCP administratively combine appellant’s three claims regarding the right knee under OWCP File Nos. xxxxxx250, 257, and xxxxxx294.

The Board, having duly considered this matter, finds that the case is not in posture for decision.

OWCP’s procedures provide that cases should be administratively combined where a new injury case is reported for an employee who filed another injury claim for the same part of the body and where correct adjudication depends on cross-referencing between files.3 This allows

3
Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8c (February 2000). Order Remanding Case, V.A. (P.A.), Docket No. 25-0736 (issued January 29, 2026); Order Remanding Case, V.G., Docket No. 19-0670 (issued April 30, 2020); Order Remanding Case, L.P., Docket Nos. 18- 1558, & 18-1568 (issued June 21, 2019); Order Remanding Case, L.S., Docket Nos. 17-1863, 17-1867, & 17-1868 (issued April 18, 2018); Order Remanding Case, W.S., Docket No. 15-0969 (issued October 5, 2015).

2
OWCP to consider all relevant claim files in developing a given claim.4 Appellant’s claims under OWCP File Nos. xxxxxx257 and xxxxxx294 also involve the right knee, and should therefore be

administratively combined with the present claim for a full and fair adjudication.5 This will allow OWCP to consider all relevant reports and accompanying evidence in developing appellant’s claim.6

The case shall, therefore, be remanded for OWCP to administratively combine OWCP File Nos. xxxxxx257 and xxxxxx294 with the present claim, OWCP File No. xxxxxx250. Following this and other such further development as deemed necessary, OWCP shall issue a de novo decision. Accordingly,

IT IS HEREBY ORDERED THAT the October 24, 2025 decision of the Office of Workers’ Compensation Programs is set aside, and the case is remanded for further proceedings consistent with this order of the Board.

Issued: March 26, 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
Id.
5
See Order Remanding Case, S.B., Docket No. 25-0797 (issued November 26, 2025); Order Remanding Case, M.K., Docket No. 25-0184 (issued February 18, 2025); Order Remanding Case, J.L., Docket No. 24-0785 (issued November 1, 2024); Order Remanding Case, M.T., Docket No. 24-0753 (issued September 23, 2024); Order Remanding Case, K.W., Docket No. 22-1258 (issued March 14, 2023). 6 Id. See also Order Remanding Case, K.G., Docket No. 21-0068 (issued July 29, 2022); Order Remanding Case, D.J., Docket No. 20-0997 (issued November 20, 2020).

3