Duty to Notify
Duty to Notify is the VA's legal requirement to inform you in writing about what evidence VA needs to decide your disability claim, what evidence the VA will obtain on your behalf, and what evidence you need to submit yourself. This notice must be provided before the VA makes a rating decision on your claim.
What the VA Must Tell You
When you file a VA Form 21-0966 (Application for Disability Compensation and Related Compensation Benefits) or appeal a decision, the VA must send you written notice that identifies:
- The specific evidence needed to support your claim (medical records, military service documents, lay statements)
- What the VA will obtain directly (C&P exam results, military personnel files, VA medical records)
- What you must provide yourself (private medical records, employer documentation, treatment records from non-VA providers)
- The deadline for submitting evidence you're responsible for (typically 30 to 90 days depending on your situation)
- How the VA will evaluate your claim under the Rating Schedule percentage system
The Notification Process
The VA sends Duty to Notify letters (also called development letters) after your claim is received. You'll get a separate notice for each condition you're claiming. If you're claiming a knee injury, back pain, and PTSD, you'll receive detailed information about evidence needed for each condition. The VA typically schedules your Compensation and Pension (C&P) examination during this phase and informs you of the date, time, and location. This is your signal to gather private medical records and consider whether you need a nexus letter from a medical provider explaining the connection between your current condition and your military service.
How to Use This Information
When you receive a Duty to Notify letter, take these steps:
- Read it carefully and identify which evidence items you must provide versus what the VA will obtain
- Gather private medical records from all healthcare providers mentioned in your claim
- Consider requesting a nexus letter from a physician if your condition isn't obviously service-connected
- Keep copies of everything you submit and note the date you mailed or uploaded documents
- If you miss the deadline, contact the VA immediately to request an extension or submit evidence late with an explanation
- If you have a Veterans Service Officer (VSO) representative, share the Duty to Notify letter with them so they can help you gather evidence
Duty to Notify During Appeals
When you appeal a rating decision through the appeals process, the VA sends another Duty to Notify letter before the VA Schedule for Rating Disabilities Evaluation Board or Board of Veterans' Appeals reviews your case. This notice explains what new evidence the VA will consider and what you can still submit. Many veterans win appeals by submitting updated medical evidence or a stronger nexus letter at this stage.
Common Questions
- What happens if I don't receive a Duty to Notify letter? Contact the VA immediately. You have the right to this notice before any rating decision. Without it, you may have grounds to appeal. Work with a VSO to ensure you get proper notification.
- Can I submit evidence after the deadline mentioned in the Duty to Notify letter? Yes, but late evidence may not be considered. If you have a valid reason for missing the deadline, request an extension in writing or submit the evidence anyway with an explanation. The VA will decide whether to include it in your decision.
- Does a Duty to Notify letter guarantee I'll get the rating I want? No. It only guarantees the VA will notify you about what evidence is needed. Your rating depends on how the evidence supports your claim under the Rating Schedule and the VA examiner's findings at your C&P exam.
Related Concepts
- Duty to Assist - The VA's broader obligation to help you develop your claim by obtaining evidence and scheduling exams
- VCAA Notice - The formal notification process that includes Duty to Notify requirements