A.M. and Department of Veterans Affairs, South Texas Veterans' Health Care System (Board decision, May 28, 2026)

ECAB final decision dismissing appeal. The Board dismissed the appeal from OWCP's November 3, 2025 decision as untimely; it did not decide the benefits 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 appealed an OWCP decision issued November 3, 2025. The Board found that the May 15, 2026 appeal came after the applicable 180-day filing period, which ended on May 4, 2026 after the weekend extension. It found no documented compelling circumstances sufficient to excuse the late filing and 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: The Board's 180-day filing limit barred review of the underlying OWCP decision.

Full text (ECAB public release)

United States Department of Labor
Employees’ Compensation Appeals Board

________
)
A.M., Appellant
)
)
and
) Docket No. 26-0522
) Issued: May 28, 2026
DEPARTMENT OF VETERANS AFFAIRS,
)
SOUTH TEXAS VETERANS’ HEALTH CARE
)
SYSTEM, San Antonio, TX, 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 May 15, 2026 appellant filed an appeal from a November 3, 2025 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards docketed the appeal as No. 26-0522.

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 November 3, 2025 decision was May 2, 2024. As this fell on a Saturday, appellant had until the next business day, Monday, May 4, 2026, to file the appeal.3

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
See id. at § 501.3(f)(3).
As appellant did not file an appeal with the Board until May 15, 2026, more than 180 days after the November 3, 2025 OWCP decision, the Board finds that the appeal docketed as No. 26-0522 is untimely filed.4 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. 26-0522 must be dismissed.5 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 26-0522 is dismissed.

Issued: May 28, 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

4
Id. at § 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.
5
The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id. at § 501.6(d).

2