--- title: "Part III, Subpart i, Chapter 2, Section B Duty to Notify Under 38 U.S.C. 5103" document: "M-21-1" section: "Part III, Subpart i, Chapter 2, Section B" canonical: "https://veteranai.co/va-regulations/m21-1/iii.i.2.b-duty-to-notify-under-38-u-s-c-5103" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014101/M21-1-Part-III-Subpart-i-Chapter-2-Section-B-Duty-to-Notify-Under-38-USC-5103" updated: "2026-09-07T14:37:05.514618Z" --- 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. | **If the claimed issue is associated with or involves …**| **Then ...** asbestos exposure| send additional notice as directed at [M21-1, Part VIII, Subpart iii, 7.B.1.b](). fire-related STRs| send additional notice as directed at [M21-1, Part III, Subpart ii, 2.F.1.b](). hepatitis requiring risk factor development| send additional notice as directed at [M21-1, Part V, Subpart iii, 6.3.f](). herbicide exposure| send additional notice as directed [M21-1, Part VIII, Subpart i, 1.B.1.c](). posttraumatic stress disorder| send additional notice as directed at[M21-1, Part VIII, Subpart iv, 1.A.2.g](). claims related to personal trauma| send additional notice as directed at [M21-1, Part VIII, Subpart iv, 1.B.2.c](). mustard gas or Lewisite exposure| send additional notice as directed at [M21-1, Part VIII, Subpart iii, 3.A.3.b](). former prisoner of war (FPOW) status| send additional notice outlined in [M21-1, Part VIII, Subpart iv, 2.C.1.a](). radiation exposure under [38 CFR 3.309(d)]()| the Jackson Regional Office (RO) undertakes any required development to the claimant as outlined in [M21-1, Part VIII, Subpart iii, 4.A](). radiation exposure (ionizing) under [38 CFR 3.311]()| the Jackson RO undertakes any required development to the claimant as outlined in [M21-1, Part VIII, Subpart iii, 4.B](). special operations participation| send additional notice as directed at [M21-1, Part VIII, Subpart iv, 9.A.1.b](). **_ _** **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]().