M-21-1Updated
Regulation text

Part II, Subpart iii, Chapter 1, Section CScreening Applications for Substantial Completeness and Notification Requirements

The full text of this section from M-21-1. Check the official source for the controlling version before you rely on it.

View official source

Looking for something else?

Contents10 blocks

Revised September 11, 2025

II.iii.1.C.1.aRequired Notice of Information Needed to Complete an Application

Under 38 U.S.C. 5102, if an application for a benefit is incomplete, the Department of Veterans Affairs (VA) is required to notify the claimant and the claimant’s representative, if applicable, of the information necessary to complete the application. Reference: For more information on sending notice of an incomplete application, see

II.iii.1.C.1.bDetermining if a Claim Is Complete or Incomplete

An application is considered incomplete if it is not substantially complete. A substantially complete application is defined in M21-1, Part I, Subpart i, 1.A.4.f. Notes:_ _

  • Beginning March 24, 2015, unless specifically excluded under M21-1, Part II, Subpart iii, 1.A.1.b, all claims governed by VA’s adjudication regulations must be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. Statements received without a prescribed form on or after March 24, 2015, will be considered a request for application.
  • A claim for an increased evaluation of a service-connected disability based on a statement from the claimant that the disability has worsened constitutes a substantially complete application, if received prior to March 24, 2015.

References: For more information on

II.iii.1.C.1.cConsiderations When a Statement of Income Is Required

A statement of income is required for all pension claims. To satisfy this requirement, at least one entry in the income section of the form is required. If no statement of income is provided, contact the claimant by telephone, documenting the call on a VA Form 27-0820, Report of General Information, to obtain a statement of income. If no statement is obtained, return the application as incomplete in accordance with M21-1, Part II, Subpart iii, 1.C.2.b. If a statement of income is provided and the claim is at least substantially complete, the claim is accepted and processed. At this point, the claim may be

Exceptions :

  • Some survivor claims may need development when no income and/or net worth information is provided. VA Form 21P-534EZ, Application for DIC, Survivors Pension, and/or Accrued Benefits, is a claim for Dependency and Indemnity Compensation (DIC), pension, and accrued benefits. The income and net worth section of this form does not always need to be complete for the application to be considered substantially complete.
  • In pension, claimants are required to report dependents and dependents’ income and net worth. If a dependent is claimed and no income and/or net worth information is provided for the dependent, develop for the dependent’s income and net worth information.

References: For more information on development for

II.iii.1.C.1.dDetermining the Action to Take When a Claim Is Substantially Complete or Incomplete

After determining whether an application is substantially complete or incomplete, refer to the table below to determine the appropriate action(s) to take.

If the application is …Then …

at least substantially complete

determine whether Section 5103 notice has been provided or whether a Section 5103 notice letter must be sent under the guidance in M21-1, Part III, Subpart i, 2.B.

incomplete

  • notify the claimant and claimant’s representative, if applicable, of the information necessary to complete the prescribed application form as described in M21-1, Part II, Subpart iii, 1.C.2.b, and
  • review the INTENT TO FILE screen in the Veterans Benefits Management System (VBMS) to determine if correction of the status of an intent to file (ITF) is needed due to the receipt of the application erroneously updating an ITF status to Claim Received.

Important :

  • When the status of an ITF requires correction, submit a ticket in the YourIT Service Portal and include
    • the information currently displayed on the INTENT TO FILE screen in VBMS, with attached screenshots, and
    • a summary of the correction needed (e.g., Change status of ITF from “claim received,” to “active,” as the VA Form 21P-534EZ was not substantially complete).
  • Do not send a Section 5103 notice.

Reference : For more information on viewing ITF information in VBMS, see

2Notification Requirements Based on Screening

This topic contains information about providing notification requirements for

  • a complete application
  • an incomplete application
  • an incomplete application based on
    • exposure allegation, and
    • experiencing military sexual trauma (MST)
  • a request for application or an ITF, and
  • claims that are inherently incredible or lack merit.

Revised July 14, 2025

II.iii.1.C.2.aNotification Requirements for a Complete Application

If an application is complete, the claims processor must check whether the claimant has already received 38 U.S.C. 5103 notification regarding the information and evidence that is necessary to substantiate the claim, when the notice is required. Reference : For more information on VA’s notification requirements, see

II.iii.1.C.2.bNotification Requirements for an Incomplete Application

When an incomplete application is received, notify the claimant that a complete application is necessary. Follow the steps in the table below to notify the claimant of the information necessary to complete the claim.

StepAction
1

Whenever possible, contact the claimant or power of attorney first by telephone to obtain the information needed to complete the application. Reference : For more information on documenting information received by telephone, see M21-1, Part III, Subpart i, 2.D.1.e.

2

If the information necessary to complete the application cannot be obtained by telephone

  • establish an end product (EP) 400 to control the correspondence, or
    • change the erroneously established EP to an EP 400
      • with an Incomplete Application claim label, and
      • use the date the application was received as the control date.

Note : An EP 030 or EP 040 should not be cleared or changed to another EP. In these cases, cancel the erroneously established EP and separately establish the EP 400 per the instructions above.

3
  • Cancel any other erroneously established EP associated with the incomplete claim, and/or
  • remove any contention(s) erroneously added to a valid EP (if applicable).
4

Notate the incomplete application in the claims folder by changing the document’s subject to Incomplete Application.

5
  • Prepare and send the Incomplete Application letter. The notice must include
    • the application form that is being returned as incomplete as an enclosure to the letter
    • the information VA needs to consider the application complete, including the specific section(s) and question number(s) that require completion
    • a statement that failure to submit a substantially complete application within the required time period will result in no benefit being paid or furnished by reason of that application, and
    • notice that the claimant has
      • 60 days from the date of the notice to submit a substantially complete supplemental claim or request for higher-level review (HLR), or
      • one year from the date the incomplete application was received to submit a substantially complete claim for other types of claims.
    • Add the letter to the claims folder.

Important : Include the following free text in the Incomplete Application letter if development was erroneously initiated on issues identified on the incomplete application:“Please disregard our prior correspondence regarding these issues. In order for us to adjudicate your request for benefits, you must submit a complete application. We apologize for any confusion this may have caused.”

6

Clear the EP 400.

Notes:

  • If a complete claim is submitted within the required time period from the date of receipt of an incomplete application,
    • consider the complete application filed as of the date the incomplete application form was received, but
    • use the date of receipt of the complete claim as the date of claim.
  • If review of an incomplete application reveals that additional evidence exists that could be relevant to the corresponding claim, simultaneously ask the claimant to provide both the additional evidence and the information that is missing from the application.

References: For more information on

  • time limits to respond to a notice of an incomplete claim, see 38 CFR 3.155

  • determining if a dependency claim is substantially complete, see M21-1, Part VII, Subpart i, 1.A

  • the criteria for a substantially complete application, see

  • handling incomplete applications based on

    • allegations of exposure only, see M21-1, Part II, Subpart iii, 1.C.2.c, and
    • military sexual trauma (MST) without a claimed disability, see M21-1, Part II, Subpart iii, 1.C.2.d, and
  • claimant requirements for submitting information in pension claims, see M21-1, Part IX, Subpart i, 3.B.4.a.

II.iii.1.C.2.cNotification Requirements for an Incomplete Application Based on Exposure Allegation

An allegation of exposure to a potentially hazardous substance during service without an associated claim for service connection (SC) for a specific disability resulting from the exposure is not a substantially complete claim. In these cases, follow the procedures in M21-1, Part II, Subpart iii, 1.C.2.b. In the notification letter, also

  • inform the Veteran that exposure, in and of itself, is not a disability, and
  • ask the Veteran to identify the disability(ies) that resulted from exposure during service.

Important: Do not

  • process the claim as a denial, or
  • establish EP control for the incomplete claim unless there are other complete claims also submitted.

Reference: For more information on handling claims for disability arising from toxic exposures, see M21-1, Part VIII.

II.iii.1.C.2.dNotification Requirements for an Incomplete Application Based on Experiencing MST

An allegation of experiencing MST during service without an associated claim for SC for a specific disability resulting from the trauma experience is not a substantially complete claim. Use the table below to determine what action(s) to take when MST is identified without a disability that resulted from the trauma experience.

If ...Then ...

MST is the only issue identified with no resulting disability specified

follow the procedures in M21-1, Part II, Subpart iii, 1.C.2.b. However, do not contact the Veteran by telephone. In the notification letter, also

  • inform the Veteran that MST in and of itself is not a disability
  • ask the Veteran to identify the disability(ies) that resulted from experiencing MST during service, and
  • include the language from M21-1, Part VIII, Subpart iv, 1.B.2.e.

Important: Do not

  • contact the Veteran by telephone to clarify the disability(ies) that resulted from experiencing MST (in compliance with trauma informed practices)

  • process the claim as a denial, or

  • establish EP control for the incomplete claim unless there are other complete claims also submitted.

  • an allegation of MST is identified with no resulting disability specified, and

  • a disability(ies) is claimed on or with the prescribed form

  • add the MST special issue to a claimed disability to allow the claim to be routed for review by an MST claims processor, and

  • do not

    • list MST as a contention, or
    • take the actions in M21-1, Part II, Subpart iii, 1.C.2.b.

Example: The Veteran submitted a VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits , claiming SC for left knee injury and also listed MST with no resulting disability. Result:

  • Add left knee injury as a contention
  • affix the MST special issue to the left knee contention, and
  • do not
    • enter MST as a contention, or
    • take the actions in M21-1, Part II, Subpart iii, 1.C.2.b.

Note: For the purpose of routing the claim for review by an MST claims processor in accordance with the procedures in this table, affix the MST special issue to only one contention when multiple disabilities are claimed.

Note: When a claim is routed to an MST claims processor for review, as described in the table above, the MST claims processor will

  • review the claim and all associated evidence to determine which of the specifically claimed disabilities are potentially related to the experience of MST
  • develop the claim accordingly, following standard personal trauma development procedures, and
  • adjust assignment of the MST special issue indicator to the appropriate contention(s), as necessary.

If, at any time during the claims process, it is determined that the Veteran did not intend to claim any of the specifically identified disabilities as related to MST, then the MST claims processor will follow the instructions in the table above to notify the Veteran of the incomplete application and ask for the specific disability(ies) that resulted from MST.

References: For more information on

II.iii.1.C.2.eNotification Requirements for a Request for Application or an ITF

Effective March 24, 2015, VA requires all claims to be filed on a standard form. Therefore, VA must provide the prescribed application forms to the claimant when the claimant

  • submits a request for application or desire for benefits either in writing or through electronic communications that is not on the required standard claim form, or
  • files an ITF by the means outlined in M21-1, Part II, Subpart iii, 2.A.1.a.

Note: After the ITF has been entered into the corporate database, a one-time correspondence is automatically generated and sent to the claimant the following day. References: For more information on

II.iii.1.C.2.fNotification Requirements for Claims That Are Inherently Incredible or Lack Merit

Upon identification of a compensation claim that is inherently incredible or clearly lacks merit

  • ensure the claimant received a Section 5103 notice, and
  • defer assistance, including scheduling an examination, until that evidence is received.

If the evidence requested is not received within 30 days, decide the claim based upon all available evidence. Note: No notice is required beyond the Section 5103 notice for claims that are inherently incredible or clearly lack merit. Reference: For the definition of claims that are inherently incredible or lack merit, see M21-1, Part I, Subpart i, 1.A.4.c.

End of Part II, Subpart iii, Chapter 1, Section C

This text is a rendering of Part II, Subpart iii, Chapter 1, Section C. The official version is the one that governs your claim.

View official source
What next

Using this section

A regulation only helps if you point at it. Here is how to put this one to work.

  1. Cite it by number

    Write Part II, Subpart iii, Chapter 1, Section C into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

See what this means for your claim.

Six reads your file against the rules that actually apply to it and tells you what the VA is still missing.

Start for freeBrowse all VA regulations