The U.S. Court of Appeals for the Federal Circuit issued a decision Feb. 4, 2026, vacating a Veterans Court order that dismissed Marine veteran David Hamill's petition seeking to compel the Department of Veterans Affairs to adjudicate his character of discharge determination.
In *Hamill v. Collins*, the Federal Circuit ruled in favor of veteran David Hamill, who served in the United States Marine Corps from 2009 through 2013 and was discharged under "Other Than Honorable" conditions. The case centered on Hamill's attempts to obtain a character of discharge determination from the VA, which would affect his eligibility for veterans benefits.
The Court of Appeals for Veterans Claims had previously dismissed Hamill's petition for extraordinary relief in the nature of a writ of mandamus against VA Secretary Douglas Collins. The Veterans Court also denied Hamill's request for class certification and class action status. However, the Federal Circuit found these decisions erroneous and ordered the case remanded for further proceedings.
Chief Judge Kimberly Moore authored the opinion for a three-judge panel that also included Circuit Judges Pauline Chen and Alan Stark. The decision represents a significant victory for veterans seeking to compel VA action on pending discharge determinations.
Hamill was represented by the National Veterans Legal Services Program, with attorney Renee Burbank arguing his case before the Federal Circuit. The veteran's legal team also included Ryan Kelley and Barton Frank Stichman from the National Veterans Legal Services Program, as well as Yelena Duterte from the Veterans Legal Clinic at the University of Illinois Chicago School of Law.
The Department of Justice represented the VA, with attorney Galina Fomenkova from the Commercial Litigation Branch arguing for the government. The VA's legal team included Brian Boynton, Elizabeth Marie Hosford, and Patricia McCarthy from the Justice Department, along with Brian Griffin and Jonathan Krisch from the VA's Office of General Counsel.
The case highlights ongoing challenges veterans face in obtaining timely adjudication of their benefits claims from the VA. Character of discharge determinations are particularly important because they can affect a veteran's eligibility for a wide range of benefits and services, including disability compensation, healthcare, education benefits, and housing assistance.
Veterans who receive "Other Than Honorable" discharges often face barriers to accessing VA benefits, as the department typically requires an honorable or general discharge for most programs. However, veterans can petition the VA for a character of discharge determination that may allow them to access benefits despite their discharge status.
The Federal Circuit's decision to vacate and remand suggests the Veterans Court may have erred in its analysis of either the mandamus petition or the class action request. Writs of mandamus are extraordinary remedies that courts can use to compel government agencies to perform mandatory duties when they have unreasonably delayed action.
The ruling comes amid broader concerns about VA processing delays and backlogs that have affected thousands of veterans seeking benefits determinations. Veterans advocacy organizations have long criticized the department for slow processing times that can leave veterans waiting months or years for decisions on their claims.
Hamill's case began in the Veterans Court under case number 22-7344, where it was heard by Judges Joseph Toth, Scott Laurer, and Grant Jaquith before being appealed to the Federal Circuit as case 2024-1543.
The Federal Circuit has exclusive jurisdiction over certain types of veterans benefits appeals, particularly those involving questions of law rather than fact. The court's decision to vacate and remand indicates the Veterans Court will need to reconsider its analysis of Hamill's petition under the proper legal standards.
For veterans in similar situations, the ruling may provide hope for obtaining judicial intervention when the VA fails to timely process character of discharge determinations. The decision could also have implications for future class action attempts by veterans facing similar processing delays.
The remand means Hamill's case will return to the Veterans Court for further proceedings consistent with the Federal Circuit's opinion. The Veterans Court will need to reconsider both the mandamus petition and the class action request under the legal framework established by the appellate decision.
While the full text of the Federal Circuit's reasoning was not available, the court's decision to vacate rather than simply affirm or reverse suggests there were significant legal errors in the Veterans Court's original analysis that require correction on remand.
The case represents part of ongoing litigation efforts by veterans advocacy groups to hold the VA accountable for processing delays and ensure veterans receive timely adjudication of their benefits claims. The outcome of the remanded proceedings could affect how courts handle similar mandamus petitions in the future.