Under what condition must the HLR and BVA send a claim back to the RO?

The situation in which the Higher-Level Review (HLR) and the Board of Veterans' Appeals (BVA) must send a claim back to the Regional Office (RO) occurs when a Decision Review Officer identifies a Duty to Assist (DTA) error. The Duty to Assist is a legal obligation requiring the RO to help claimants gather the evidence needed to support their claims. When a DTA error is present, it indicates that the RO may have failed in this obligation, which can adversely affect the outcome of the claim. Therefore, the proper procedure mandates that the claim be returned to the RO for rectification of the identified error, ensuring the claimant receives the full benefit of assistance in developing their case.

This is distinct from scenarios involving the need for additional evidence or a claimant's request to send the case back, which does not automatically obligate the HLR or BVA to return the claim to the RO. Appeals also have specific procedural paths that do not necessitate a claim being sent back solely based on the act of filing an appeal.