The VA Can No Longer Deny Your Claim in Silence: What Women Veterans Need to Know About This Landmark Court Ruling
A federal appeals court just handed down a decision that could change everything for women veterans fighting for their benefits. Here's why you need to pay attention—and what it means for your claim.
On February 5, 2026, the U.S. Court of Appeals for the Federal Circuit delivered a ruling that sent shockwaves through the veteran community: The Department of Veterans Affairs can no longer deny claims without explicitly telling veterans. No more implicit denials. No more silent rejections. No more wondering if your claim was even considered.
For women veterans who have spent years navigating a system that already feels designed to dismiss us, this ruling is nothing short of revolutionary.
What Just Happened? The Hamill Decision Explained
The case centered on David Hamill, a Marine Corps veteran who left service in 2013 with an other-than-honorable discharge. Like thousands of veterans, Hamill sought disability benefits for post-traumatic stress disorder and other mental health conditions related to his service. When he requested that the VA reconsider its "character of discharge determination"—the decision that made him ineligible for certain benefits—the VA simply stayed silent.
No formal denial. No decision letter. No explanation. Just... nothing.
When Hamill tried to appeal, the VA argued it didn't have to provide a decision because it had already "implicitly denied" his claim. In other words, silence was their answer, and veterans were expected to understand that silence meant "no."
The federal appeals court said absolutely not.
"After all, no veteran can appeal a decision he does not understand to have been made," the judges wrote in their opinion. The court ruled that under the Veterans Appeals Improvement and Modernization Act of 2017, the VA must provide explicit notice to veterans when denying claims. Period.
Why This Matters Desperately for Women Veterans
If you're a woman veteran reading this and thinking, "This is important, but how does it affect me specifically?"—let me be crystal clear: This ruling could be the difference between getting the benefits you've earned and being silently dismissed by a system that has historically failed to see us.
The Silent Dismissal Problem Hits Women Harder
Women veterans face unique barriers in the VA claims process that make silent denials particularly devastating:
1. Our conditions are already dismissed as "stress" or "anxiety"
Remember Jessica Snyder's story about her Parkinson's disease being attributed to hormones and middle age for six years? That pattern of dismissal doesn't stop at diagnosis—it extends to benefits claims. When the VA can implicitly deny claims without explanation, women veterans who already struggle to have our service-connected conditions taken seriously are left completely in the dark.
2. Military Sexual Trauma claims require explicit decisions
Women veterans file MST-related claims at significantly higher rates than male veterans. These claims are complex, often involving mental health conditions like PTSD, depression, and anxiety. When the VA can deny these claims without explicit notice, survivors are left not knowing whether their claim was even considered, much less why it was denied. This ruling means MST survivors will now receive clear decisions they can appeal.
3. We're more likely to have "non-traditional" service-connected conditions
Women veterans often develop conditions that don't fit the VA's traditional mold—chronic pain conditions, autoimmune disorders, reproductive health issues related to toxic exposure, mental health conditions from harassment or discrimination during service. When these claims can be implicitly denied, we're left wondering if the VA even understood what we were claiming. Explicit denials force the VA to explain their reasoning, which creates a record we can challenge.
4. We navigate the system with fewer resources
Women veterans are less likely to be connected to Veterans Service Organizations and more likely to file claims on our own. When you're navigating the VA system without representation, silent denials are catastrophic—you don't even know there's something to appeal. This ruling ensures that even unrepresented women veterans will receive clear notice of denials.
What "Implicit Denial" Actually Looked Like (And Why It Was Devastating)
Let's be specific about what this ruling just eliminated. Under the old "implicit denial doctrine," the VA could:
Process some parts of your multi-issue claim and simply ignore others
Stay silent when you requested reconsideration of a decision
Deny claims without issuing a decision letter you could appeal
Force you to guess whether your claim was denied, pending, or lost in the system
For women veterans juggling multiple service-connected conditions (which many of us are), this meant you might receive a decision on your PTSD claim but hear absolutely nothing about your chronic pain, autoimmune condition, or reproductive health issue. When months passed with no word, you were left wondering: Did they deny it? Are they still processing it? Did they lose my paperwork? Should I refile?
The implicit denial doctrine said that silence was an answer—and you should have known to appeal it.
This is particularly insidious for women veterans because:
We're more likely to have complex, multi-issue claims involving both physical and mental health conditions
We're more likely to be filing for the first time years after separation when we finally connect our current health issues to military service
We're less likely to have advocates telling us "that silence means denial" because we're not as connected to traditional veteran networks
What This Ruling Actually Does
The Federal Circuit Court's decision in Hamill v. Collins eliminates the implicit denial doctrine entirely. Here's what it means in practice:
You Will Receive Explicit Notice
The VA must now explicitly tell you when it denies any part of your claim. This includes:
Initial claim denials
Requests for reconsideration
Character of discharge determinations
Secondary condition claims
Increased rating requests
Any other benefits decision
You'll Know What Was Decided
The decision letter must make clear that your specific issue was adjudicated and how it was decided. No more wondering if the VA even looked at your claim for that secondary condition or if they just forgot about it.
You Can Actually Appeal
"Congress emphasized how important it is for veterans to understand VA decisions," said Renee Burbank, Director of Litigation at the National Veterans Legal Services Program. "The Federal Circuit rightly concluded that there is no place for implicit denials in VA's modernized appeals system."
You can't appeal a decision you don't know was made. This ruling ensures you have an actual decision to challenge when the VA denies your claim.
Real-World Impact: What This Changes for Your Claim
Let's get practical. Here's how this ruling changes things for women veterans with active or future claims:
Scenario 1: Multi-Issue Claims
Before this ruling: You file a claim for PTSD from MST, chronic pain from a service injury, and anxiety related to military harassment. The VA issues a decision on your PTSD claim but says nothing about the chronic pain or anxiety. Months go by. You don't know if those claims are still pending or were implicitly denied.
After this ruling: The VA must explicitly address each condition in your claim. If they're denying your chronic pain or anxiety claims, they must tell you so in writing with clear notice that allows you to appeal.
Scenario 2: Character of Discharge Issues
Before this ruling: You request that the VA reconsider a character of discharge determination that's preventing you from accessing benefits. The VA issues a decision on something else but stays silent on the discharge issue. You're left guessing whether your request was even considered.
After this ruling: The VA must explicitly decide your character of discharge request and notify you of the decision. If denied, you now have a clear path to appeal.
Scenario 3: Secondary Conditions
Before this ruling: You file for secondary conditions related to your service-connected PTSD—insomnia, migraines, gastrointestinal issues. The VA addresses one but ignores the others. You don't know if you should refile or if they were implicitly denied.
After this ruling: The VA must explicitly decide each secondary condition claim and tell you the outcome. No more guessing games.
What You Should Do Right Now
If you're a woman veteran with a current VA claim or thinking about filing one, here's your action plan:
If You Have a Pending Claim
1. Check your status regularly through VA.gov or the VA mobile app. While the VA should be providing explicit notices going forward, stay on top of your claim.
2. Document everything including the date you filed, what conditions you claimed, and any correspondence from the VA. If you receive a decision that doesn't address all your claimed conditions, you now have grounds to demand explicit decisions.
3. Don't assume silence means anything If you haven't received a decision on part of your claim, contact the VA and demand an explicit decision. Reference the Hamill v. Collins decision if necessary.
If You've Been Waiting for Months
1. Request a status update in writing Ask specifically about each condition you claimed. If the VA hasn't decided something, they need to tell you that explicitly.
2. File for reconsideration if needed If you believe the VA implicitly denied part of your claim before this ruling, you may now have grounds to request reconsideration with explicit notice.
3. Consider getting representation Contact a Veterans Service Organization, accredited attorney, or claims agent who can advocate for explicit decisions on all aspects of your claim.
If You're Planning to File
1. Be comprehensive and specific List every condition you're claiming clearly and explicitly. The more specific you are, the harder it is for the VA to stay silent about any part of your claim.
2. Expect explicit responses You now have legal backing to demand clear decisions on every condition you claim. Don't accept vague or partial decisions.
3. Know your appeal rights When you receive a denial (and you will receive one if the VA denies your claim), you have one year to appeal through the Decision Review process. Don't let that deadline pass.
The Bigger Picture: This Is About Respect and Accountability
This ruling isn't just about administrative procedure—it's about forcing the VA to respect the veterans it serves. For women veterans who have spent decades being dismissed, overlooked, and silenced, this court decision says: You deserve clear answers. You deserve to know what's happening with your claim. You deserve the opportunity to fight for what you've earned.
The implicit denial doctrine was a relic of a system that valued efficiency over justice, that prioritized clearing backlogs over ensuring veterans received what they were owed. It disproportionately harmed women veterans, veterans with complex claims, and veterans without representation.
That doctrine is now dead.
What Advocacy Organizations Are Saying
"Veterans deserve to know what the VA is doing with their claims," said Renee Burbank of the National Veterans Legal Services Program, which represented David Hamill. "There is no place for implicit denials in VA's modernized appeals system."
Yelena Duterte, director of the Veterans Legal Clinic at the University of Illinois, emphasized that "veterans, especially those with lower-than-honorable discharges, need to receive a clear decision by the VA."
These advocacy groups have been fighting for years to eliminate the implicit denial doctrine. Their victory in Hamill v. Collins is your victory too.
Your Rights Under the Veterans Appeals Improvement and Modernization Act
The court's ruling reinforces what Congress intended when it passed the Veterans Appeals Improvement and Modernization Act of 2017. That law was designed to:
Provide veterans with clear, detailed notification letters about decisions
Give veterans multiple pathways to appeal denials
Ensure veterans understand what was decided and why
Create a modern appeals system that respects veterans' rights
The implicit denial doctrine violated all of these principles. This court ruling brings the VA back in line with what Congress mandated.
Moving Forward: The VA's Response
The VA has stated it's "reviewing this decision and will respond appropriately." Press Secretary Peter Kasperowicz noted that "VA issues decision notices to all veterans who file a claim."
That's exactly the point—the VA should be issuing clear decision notices. This ruling ensures they can't avoid that responsibility through implicit denials.
What This Means for CAPT JANE's Mission
At CAPT JANE, our commitment to women veterans extends beyond empowerment apparel. It's about ensuring every woman who's served knows her rights, understands the systems designed to serve her, and has the information needed to fight for what she's earned.
This court ruling is a perfect example of why staying informed matters. Women veterans who don't know about Hamill v. Collins might accept silence as an answer when they now have legal grounds to demand explicit decisions.
We're committed to keeping you informed about changes that affect your benefits, your rights, and your future. Because empowerment isn't just about how you see yourself—it's about knowing what you're owed and having the tools to claim it.
Resources for Women Veterans
Parkinson's Foundation Veteran Helpline: 1-800-4PD-INFO (1-800-473-4636)
National Veterans Legal Services Program: www.nvlsp.org
Veterans Legal Clinic at University of Illinois Chicago: https://law.uic.edu/clinics/veterans-legal-clinic
VA Decision Reviews: www.va.gov/decision-reviews
Women Veterans Call Center: 1-855-VA-WOMEN (1-855-829-6636)
The Bottom Line
The U.S. Court of Appeals for the Federal Circuit just told the VA: No more hiding behind silence. No more implicit denials. If you're going to deny a veteran's claim, you must tell them explicitly so they can appeal.
For women veterans who have spent too long being dismissed, ignored, and silenced, this ruling is a small but significant victory. It won't fix all the problems with the VA benefits system. It won't eliminate the backlog or guarantee your claim gets approved.
But it does ensure that when the VA makes a decision about your benefits—the benefits you earned through your service—they have to actually tell you what they decided.
That's not asking for special treatment. That's asking for basic respect.
And thanks to Hamill v. Collins, you're legally entitled to it.
Original article: Appeals court strikes down decision that let the VA deny claims without clearly notifying veterans | Stars and Stripes
