Duty to Notify Under 38 U.S.C. 5103

Overview

In This Section

This section contains the topic " Notification Requirements for Complete Claims."

1. Notification Requirements for Complete Claims

Introduction

This topic contains information on providing notice under 38 U.S.C. 5103, including

• Department of Veterans Affairs’ (VA’s) duty to notify claimants of necessary information or evidence
• Section 5103 notice provided
• at the time of claim submission, and
• after submission of a claim
• exceptions to the notification requirement
• required elements of a Section 5103 notice letter, and
• notification requirements for special issues.

Change Date

December 4, 2025

III.i.2.B.1.a. VA's Duty to Notify Claimants of Necessary Information or Evidence

The Department of Veterans Affairs (VA) shall provide to the claimant, by the most effective means available, a notice (hereafter referred to as ‘Section 5103 notice’) of any information and medical or lay evidence not previously provided that is necessary to substantiate the claim.

VA has historically provided claimants the required Section 5103 notice in a paper-based letter after receipt of a substantially complete application for benefits. However, Public Law 112-154, Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, enacted on August 6, 2012, amended 38 U.S.C. 5103 to afford VA more flexibility in how and when VA delivers the notice.

Important: The Veterans Benefits Management System (VBMS) allows claims processors and the Veterans Benefits Administration (VBA) Automation Platform to automatically generate a standard Section 5103 notice at claims establishment, when appropriate. However, in any situation where Section 5103 notice is required, claims processors must ensure the generated notice addresses the specific claim type (by, for example, providing the corresponding what the evidence must show (WTEMS) language).

Notes:

• Do not include the claimed conditions (contentions) in the Section 5103 notice letter.
• VA is not required to include the diagnostic criteria for a specific disability in the Section 5103 notice even if the claimant asserts entitlement to a specific evaluation level because the law permits a generic Section 5103 notice. See Wilson v. Mansfield, 506 F.3d 1055, 1062 (Fed. Cir. 2007).

References: For more information on

• VA’s duty to notify, see
• 38 CFR 3.159(b), and
• 38 U.S.C. 5103
• when the duty to notify has already been provided to the claimant on the application form or through filing, see M21-1, Part III, Subpart i, 2.B.1.b
• circumstances where a Section 5103 notice may need to be provided after a claim is submitted, see M21-1, Part III, Subpart i, 2.B.1.c, and
• exceptions to the Section 5103 notice requirement, see M21-1, Part III, Subpart i, 2.B.1.d.

III.i.2.B.1.b. Section 5103 Notice Provided at the Time of Claim Submission

VA provides Section 5103 notice to the claimant at the time of claim submission via multiple methods, including

• incorporation into the standard EZ application forms, and
• electronic notification while using VA claims-submission services such as VA.gov and the Stakeholder Enterprise Portal (SEP).

Additionally, the claimant can certify the receipt of the Section 5103 notice on VA Form 20-0995, Decision Review Request: Supplemental Claim, satisfying VA’s duty to notify.

Important: When notice is provided concurrent with a claim, consider the notice received by the claimant on the date the claim is received by VA.

Exception: The VA.gov interview process for submitting VA Form 26-4555, Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant, does not provide Section 5103 notice.

References: For more information on

• the notice VA provides to claimants in
• VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, see M21-1, Part X, Subpart i, 2.A.2.d
• VA Form 21P-527EZ, Application for Veterans Pension, see M21-1, Part X, Subpart i, 2.A.2.e, and
• VA Form 21P-534EZ, Application for DIC, Survivors Pension, and/or Accrued Benefits, see M21-1, Part X, Subpart i, 2.A.2.f
• the background of Section 5103 notice, see M21-1, Part I, Subpart i, 1.A.1, and
• electronic Section 5103 notice for claims submitted in SEP, see M21-1, Part II, Subpart iii, 4.B.2.i.

III.i.2.B.1.c. Section 5103 Notice Provided After Submission of a Claim

In some circumstances, VA may need to provide the claimant Section 5103 notice after the claim has been submitted and received by VA. This usually occurs when the

• claim is filed on an appropriate prescribed form that lacks the standard Section 5103 notice (for example, VA Form 21-8940, Veteran’s Application for Increased Compensation Based on Unemployability, or VA Form 21-2680, Examination for Housebound Status or Permanent Need for Regular Aid and Attendance)
• power of attorney (POA) does not use SEP to submit a non-original claim, or
• 5103 Notice of Acknowledgement certification on VA Form 20-0995 was
• not completed
• negatively affirmed, or
• positively affirmed by the POA, but the form is not signed by the claimant.

Note: To document VA’s compliance with 38 U.S.C. 5103, ensure a copy of any Section 5103 notice, along with enclosures, is included in the claims folder. Do not include copies of any forms requested to be returned.

References: For more information on

• exceptions to Section 5103 notice requirements, see M21-1, Part III, Subpart i, 2.B.1.d, and
• the required elements of a Section 5103 notice that must be sent after a claim has been submitted, see M21-1, Part III, Subpart i, 2.B.1.e.

III.i.2.B.1.d. Exceptions to the Notification Requirement

VA is not required to provide Section 5103 notice

• for claims received within one year of a prior Section 5103 notice being provided, if the former contained sufficient notice (by, for example, providing the corresponding WTEMS language), per 38 U.S.C. 5103(b)(4)
• upon receipt of a
• supplemental claim within one year of the date VA issues notice of a prior decision, per 38 U.S.C. 5103(a)(3), or
• request for higher-level review under 38 CFR 3.2601, or
• where the evidence of record (to include VA medical center records available electronically) is sufficient to substantiate a claim and award the maximum benefit sought without undertaking development for additional evidence.

Notes:

• In the context of
• 38 U.S.C. 5103(a)(3), the “prior decision” does not need to involve the issue(s)/contention(s) identified on the supplemental claim(s), and
• 38 U.S.C. 5103(b)(4), "pending" claims also include claims that are not finally adjudicated under 38 CFR 3.160(d).
• When determining if the evidence of record is sufficient to substantiate the claim and award the maximum benefit sought, provide a Section 5103 notice if any development is necessary (including a request for an examination).
• Per 38 U.S.C. 5103A(b)(3)(B), the term “maximum benefit” means the highest evaluation assignable in accordance with the evidence of record, as long as such evidence is
• adequate for rating purposes, and
• sufficient to grant the earliest possible effective date.

References: For more information on

• supplemental claims, see 38 CFR 3.2501, and
• Section 5103 requirements for supplemental claims, see
• M21-1, Part X, Subpart ii, 2.A.1.c, and
• M21-1, Part X, Subpart ii, 2.A.2.a.

III.i.2.B.1.e. Required Elements of a Section 5103 Notice Letter

In rare instances when Section 5103 notice is required and the claimant has not been provided the required Section 5103 notice through the methods illustrated in M21-1, Part III, Subpart i, 2.B.1.b, it may be necessary to send the claimant a standard or custom Section 5103 notice letter.

The standard Section 5103 notice in VBMS contains all required elements; however, the template is locked and claims processors cannot further tailor the letter to satisfy additional notification requirements, such as those discussed in M21-1, Part III, Subpart i, 2.B.1.f, or other procedural guidance.

When a standard Section 5103 notice is not sufficient

• use the Custom 5103 notice available in VBMS-Letters User Interface
• include the comprehensive WTEMS enclosure, and
• when necessary, add any additional notification language elements, such as those discussed in M21-1, Part III, Subpart i, 2.B.1.f, and/or other procedural guidance.

III.i.2.B.1.f. Notification Requirements for Special Issues

In some special issue or special circumstance claims, the standard 5103 notice letter does not inform the claimant that additional information or evidence is necessary to develop and adjudicate the claim. In these situations, send a subsequent development letter to the claimant soliciting the information needed. Do not send the development letter if the evidence of record

• provides the information the subsequent development letter solicits, or
• is otherwise sufficient to decide the claim.

Example: A Veteran claiming SC for hepatitis C submits medical records that address risk factors for the disease. Do not send a letter soliciting hepatitis C risk factors as this information is addressed in the evidence of record.

Use the table below to determine whether a special issue or special circumstance claim requires additional notice under Section 5103.

Scroll sideways to see the full table.

Note: Homeless Veterans’ claims do not require additional Section 5103 notice but do require special handling as directed at M21-1, Part X, Subpart i, 1.2.

Reference: For more information on the impact of special issue and/or special circumstance development on FDCs, see M21-1, Part X, Subpart i, 2.B.3.b.