iv, 2.B.1.g. In cases where the evidence of record is sufficient to substantiate a claim and i. Exception to the Notification award the benefit sought, it is unnecessary to provide Section 5103 notice to Requirement the claimant. This exception applies in cases where the evidence of record (to include only VA medical center (VAMC) records available through the Compensation and Pension Records Interchange (CAPRI)) justifies awarding the specific benefit the claimant is seeking without undertaking development for additional evidence. When rating a claim for low back condition, an RVSR discovers a Example: claim for SC for hypertension. A Section 5103 notice has not been provided to the claimant for the hypertension, nor does any previous notice cover it. The Veteran indicates he has only had treatment at a VAMC. After reviewing STRs and the VAMC records on file, which are found to be adequate for rating purposes, the RVSR awards SC for hypertension at 20-percent disabling. In this case, since the evidence is adequate for rating purposes, and Analysis: there is no other development required, the benefit can be awarded without sending the claimant a Section 5103 notice. Provide a Section 5103 notice if development is necessary Important: any (including a request for an examination). In accordance with , ROs are not required in certain cases to send a Section j. Section 5103 Notice 5103 notice for a subsequent claim that is filed while a previous claim is Requirements pending. for Subsequent Claims The table below contains notification requirements when the claimant submits a subsequent claim while a previous claim is still pending. If the previous Then ... notice… sufficiently identified the a new Section 5103 notice is not information and evidence necessary required. to substantiate such subsequent claim(s) Send a Section 5103 Exception: notice if over one year has passed since the notice was sent and a subsequent claim(s) is received. did not include the information and send a Section 5103 notice that evidence necessary to substantiate specifically addresses the new the current claim type claim type, and provide the following statement in the notice:
iv, 2.B.1.g. i. Exception to the Notification Requirement In cases where the evidence of record is sufficient to substantiate a claim and award the benefit sought, it is unnecessary to provide Section 5103 notice to the claimant. This exception only applies in cases where the evidence of record (to include VA medical center (VAMC) records available through the Compensation and Pension Records Interchange (CAPRI)) justifies awarding the specific benefit the claimant is seeking without undertaking development for additional evidence. Example: When rating a claim for low back condition, an RVSR discovers a claim for SC for hypertension. A Section 5103 notice has not been provided to the claimant for the hypertension, nor does any previous notice cover it. The Veteran indicates he has only had treatment at a VAMC. After reviewing STRs and the VAMC records on file, which are found to be adequate for rating purposes, the RVSR awards SC for hypertension at 20-percent disabling. Analysis: In this case, since the evidence is adequate for rating purposes, and there is no other development required, the benefit can be awarded without sending the claimant a Section 5103 notice. Important: Provide a Section 5103 notice if any development is necessary (including a request for an examination). j. Section 5103 Notice Requirements for Subsequent Claims In accordance with , ROs are not required in certain cases to send a Section 5103 notice for a subsequent claim that is filed while a previous claim is pending. The table below contains notification requirements when the claimant submits a subsequent claim while a previous claim is still pending. If the previous notice… Then ... sufficiently identified the information and evidence necessary to substantiate such subsequent claim(s) a new Section 5103 notice is not required. Exception: Send a Section 5103 notice if over one year has passed since the notice was sent and a subsequent claim(s) is received. did not include the information and evidence necessary to substantiate the current claim type send a Section 5103 notice that specifically addresses the new claim type, and provide the following statement in the notice: