United States Department of Labor 

Employees’ Compensation Appeals Board 

__________________________________________ 

B.C., Appellant 

and 

DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS HEALTH ADMINISTRATION, 

Lake City, FL, Employer 

__________________________________________ 

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Docket No. 15-1222 

Issued: October 20, 2015 

Appearances: Case Submitted on the Record

Appellant, pro se 

Office of Solicitor, for the Director 

ORDER REMANDING CASE 

Before: 

CHRISTOPHER J. GODFREY, Chief Judge 

PATRICIA H. FITZGERALD, Deputy Chief Judge 

COLLEEN DUFFY KIKO, Judge 

On May 6, 2015 appellant filed a timely appeal from an April 20, 2015 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The appeal was docketed as number 

15-1222. 

By decision dated April 20, 2015, OWCP denied appellant’s claim for a schedule award 

as the evidence was insufficient to establish permanent impairment to a scheduled member due 

to her accepted December 31, 2005 work injury.1

The Board finds that, in denying appellant’s schedule award claim, OWCP failed to 

consider all the relevant medical evidence. OWCP based its decision on a memorandum from 

Dr. Bilal Khodr, a Board-certified pediatric physician, dated March 12, 2015, who did not 

respond to the questions in its development letter of March 5, 2015.2 However, it never 

considered the March 13, 2015 report of Dr. Richard M. Blecha, a Board-certified orthopedic 

 1

 OWCP accepted appellant’s December 31, 2005 traumatic injury claim for the condition of old “disprt” leftsided anterior cruciate ligament. Appropriate benefits were paid. 

2

 In his March 12, 2015 letter, Dr. Khodr indicated that appellant reached maximum degree of medical 

improvement. 
2

surgeon, which had been submitted by letter dated April 14, 2005 by counsel at that time and 

received by OWCP on April 17, 2015, prior to the April 20, 2015 decision. 

The Board notes that, in his March 13, 2015 report, Dr. Blecha noted the history of 

injury, his review of the medical record, and appellant’s medical treatment and presented 

examination findings. He diagnosed rupture anterior cruciate ligament (ACL), post ACL 

reconstruction, scoliosis, and lumbar spinal stenosis and spondylosis postinstrumented fusion, L4 

to the sacrum. Under the sixth edition of the American Medical Association, Guides to the 

Evaluation of Permanent Impairment (A.M.A., Guides), Dr. Blecha opined that appellant had 12 

percent left lower extremity impairment. Citations to the A.M.A., Guides as well as his 

methodology in calculating the schedule award were provided. 

Because Board decisions are final with regard to the subject matter appealed,3

 it is crucial 

that OWCP address all relevant evidence received prior to the issuance of its final decision.4

 As 

OWCP did not review Dr. Blecha’s report, accordingly, the Board finds that this case is not in 

posture for decision.5

 On remand, OWCP shall review all evidence of record and, following any 

further development of the medical evidence deemed necessary, it shall issue a de novo decision 

on appellant’s claim.6

 3

 20 C.F.R. § 501.6(d). 

4 See William A. Couch, 41 ECAB 548, 553 (1990). 

5 See H.H., Docket No. 14-1985 (issued June 26, 2015). 

6

 Due to the disposition of this case, appellant’s arguments will not be addressed. He also submitted new 

evidence on appeal. However, the Board lacks jurisdiction to review evidence for the first time on appeal. See

20 C.F.R. § 501.2(c). Appellant may submit this evidence to OWCP on remand. 
3

IT IS HEREBY ORDERED THAT the decision of the Office of Workers’ 

Compensation Programs dated April 20, 2015 is set aside and the case is remanded for further 

consideration consistent with this order. 

Issued: October 20, 2015 

Washington, DC 

 

 Christopher J. Godfrey, Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Patricia H. Fitzgerald, Deputy Chief Judge 

 Employees’ Compensation Appeals Board 

 

 Colleen Duffy Kiko, Judge 

 Employees’ Compensation Appeals Board