L.P. and Department of Veterans Affairs, G.V. Montgomery VA Medical Center (Board decision, April 13, 2026)

ECAB final decision dismissing appeal. The Board dismissed the appeal from OWCP's April 15, 2025 decision as untimely; it did not decide the claim. 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 Veterans Affairs employee filed a Board appeal on April 3, 2026 from an OWCP decision issued nearly a year earlier. The Board found that no final adverse decision had been issued within the 180-day window for appeal. It dismissed for lack of jurisdiction.

Decision snapshot

• Authority: 20 C.F.R. §§ 501.3, 501.6(d), 501.7(a).
• Outcome: The appeal was dismissed as untimely.
• Key point: Board review required a final adverse OWCP decision within the 180-day filing period.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
L.P., Appellant
)
)
and
)
) Docket No. 26-0419
DEPARTMENT OF VETERANS AFFAIRS, ) Issued: April 13, 2026
G.V. (SONNY) MONTGOMERY VA MEDICAL
)
CENTER, Jackson, MS, 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 April 3, 2026 appellant filed an appeal from an April 15, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0419.

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.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 180th day following the April 15, 2025 decision was October 12, 2025. As appellant did not file an appeal with the Board until April 3, 2026, more than 180 days after the April 15, 2025 OWCP decision, the Board finds that the appeal docketed as No. 26-0419 is untimely

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.” 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. 26-0419 must be dismissed.4 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0419 is dismissed.

Issued: April 13, 2026
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