I Got a "5103 Notice." What Is It, and Should I Sign the Waiver?

A 5103 notice is VA's standard letter telling you what evidence your claim needs, what VA will try to get for you, and what you need to provide. Federal law requires it, so getting one is routine and doesn't mean anything is wrong. The "waiver" or acknowledgement just tells VA you have nothing more to send. Sign it only if that's true; if you're still waiting on records, send them first.

What the notice is

The name comes from the law that requires it, 38 U.S.C. 5103: VA must tell you what information and medical or lay evidence, not already provided, is needed to support your claim. The regulation that carries it out says VA will tell you which evidence you're expected to provide and which evidence VA will try to get for you (38 CFR 3.159(b)(1)).

You may already have received it without noticing. VA Form 21-526EZ includes a "Notice to Veteran/Service Member of Evidence Necessary to Substantiate a Claim," and the signature section asks you to certify that you received it. VA's Evidence needed for your disability claim page says it's a summary of the same "section 5103 notice." VA also sends the notice on a supplemental claim.

The two deadlines that matter

Under 38 CFR 3.159(b)(1):

• One year. Evidence the notice asks you to provide must be sent within one year of the date of the notice.
• 30 days. If you haven't responded within 30 days, VA may decide your claim before the year is up, based on what's in the file, including records VA got for you and any VA exams. If VA does that and you then send the evidence within the year, VA must decide the claim again.

VA's upload page puts it plainly: you can keep uploading for up to a year after VA receives your claim, but VA may decide sooner if you don't respond within 30 days.

What the "waiver" or acknowledgement does

Veterans often see this called a "5103 waiver," a "5103 notice acknowledgement," or an evidence waiver. Whatever it's called, it's your way of telling VA you've received the notice and have no more evidence to submit, so VA doesn't need to wait for you before moving on.

It doesn't:

• Make VA decide in your favor, or tell VA anything about the merits.
• Skip VA's own work. VA can still request records it knows about and schedule exams.
• Speed up the rest of the process. It removes the wait for you, not for exams or records.

Should I sign it?

Ask yourself one question: is there evidence I still plan to send?

• Sign it if everything you have is already in, and you're not waiting on any doctor, hospital, or statement.
• Hold off if you're waiting on private medical records, a doctor's opinion, or statements from people who know you. Send them first, then tell VA you're done. VA can request private records for you if you give it permission on VA Form 21-4142.

If you're unsure what your file already holds, compare the notice to your records condition by condition. For each condition, VA's evidence page lists three things for an original claim: a current disability, an in-service event, injury, or illness, and a link between them.

Where we fit

Signing or not is your call. What we can do is lay out what's already in your records next to what each condition needs, so you can see whether there's a gap worth filling before you tell VA you're done. A free VA-accredited Veterans Service Organization representative can also look at your file and the notice with you. Find an accredited representative.

Frequently asked questions

What is a 5103 notice from VA?

It's VA's standard notice of what evidence your claim needs, what VA will try to get for you, and what you need to provide. 38 U.S.C. 5103 requires it. Getting one is routine and doesn't mean there's a problem with your claim.

Do I have to sign the 5103 waiver?

You don't have to. Signing it tells VA you have no more evidence to send. If you don't respond within 30 days, VA may decide the claim anyway based on what's in the file, and you still have one year from the notice to send the evidence it asked for.

Will signing the 5103 waiver speed up my claim?

It can remove the wait for your response, but it doesn't promise a faster decision. VA may still need to request records or schedule exams before it decides.

Can I still send evidence after I sign the 5103 waiver?

The notice gives you one year from its date to send requested evidence, and if VA decides early and you then send that evidence within the year, VA must decide the claim again. But the waiver tells VA you're done, so don't sign it while you're still waiting on records.

How long do I have to respond to a 5103 notice?

One year from the date of the notice. If you haven't responded within 30 days, VA may decide your claim before the year is up, based on the evidence already in the file.

Why did I get a 5103 notice for a supplemental claim?

VA sends the notice for both initial and supplemental claims. It tells you what evidence is needed and what VA will try to get, the same as on an initial claim.