United States Department of Labor

Employees’ Compensation Appeals Board

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S.R., Appellant

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DEPARTMENT OF VETERANS AFFAIRS, 

VETERANS BENEFITS ADMINISTRATION, 

Saint Louis, MO, Employer

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Docket No. 21-0400

Issued: April 25, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER REMANDING CASE

Before:

ALEC J. KOROMILAS, Chief Judge

PATRICIA H. FITZGERALD, Deputy Chief Judge

JANICE B. ASKIN, Judge

On January 28, 2021 appellant filed a timely appeal from a November 17, 2020 merit 

decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate 

Boards docketed the appeal as No. 21-0400.

On September 24, 2020 appellant, then a 49-year-old veterans claims examiner, filed an 

occupational disease claim (Form CA-2) alleging that she developed major depression and posttraumatic stress disorder(PTSD) due to factors of her federal employment. She noted that she first 

became aware of her conditions on November 8, 2002 and realized their relationship to her federal 

employment on July 27, 2020. Appellant alleged that she had previously filed a claim. She 

stopped work on May 28, 2020. OWCP assigned the claim OWCP File No. xxxxxx898.1

1 The record reflects that appellant previously filed a traumatic injury claim (Form CA-1), under OWCP File No. 

xxxxxx304, claiming that she sustained a stress-related condition when she was harassed and denied advanced sick 

leave. Appellant also previously filed a Form CA-1, under OWCP File No. xxxxxx379, claiming that she sustained a 

traumatic mental breakdown on May 28, 2020 due to continuous harassment/retaliation. By decisions dated June19 

and August27, 2020, respectively, OWCP denied both claims.
2

By decision dated November 17, 2020, OWCP denied appellant’s claim, finding that the 

evidence of record was insufficient to establish that the injury and/or event(s) occurred, as alleged. 

The Board has duly considered this matter and finds that this case is not in posture for 

decision. OWCP’s procedures provide that cases should be administratively combined when 

correct adjudication of the issues depends on frequent cross-referencing between files.2 For 

example, if a new injury case is reported for an employee who previously filed an injury claim for 

a similar condition or the same part of the body, doubling is required.3 In the instant case, appellant 

filed an occupational disease claim for employment-related depression and PTSD. The Board 

notes that her prior claims under OWCP File Nos. xxxxxx304 and xxxxxx379 also involved claims 

for employment-related emotional conditions. However, appellant’s claims have not been 

administratively combined. 

For a full and fair adjudication, this case shall be remanded to OWCP to administratively 

combine the current case record, OWCP File No. xxxxxx898, with OWCP File Nos. xxxxxx304 

and xxxxxx379.4 Following this and other such further development as deemednecessary, OWCP 

shall issue a de novo decision.5

2 Federal (FECA) Procedure Manual, Part 2 -- Claims, File Maintenance and Management, Chapter 2.400.8(c) 

(February2000).

3

Id.; Order Remanding Case, L.G., Docket No. 18-1676 (issued August 22, 2019); Order Remanding Case, D.L., 

Docket No. 17-1588 (issued January28, 2019).

4

See Order Remanding Case, C.Y., Docket No. 20-1079 (issued December 7, 2020); Order Remanding Case, K.T., 

Docket No. 17-0432 (issued August17, 2018).

5

See Order Remanding Case, T.L., Docket No. 18-0935 (issued February 25, 2020); Order Remanding Case, T.M., 

Docket No. 18-0887 (issued February 21, 2019).
3

IT IS HEREBY ORDERED THAT the November 17, 2020 decision of the Office of 

Workers’ Compensation Programs is set aside and the case is remanded for further action 

consistent with this order of the Board.

Issued: April 25, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board