What is the main action taken by HLR and BVA upon identifying a Duty to Assist error?

When the Higher-Level Review (HLR) and the Board of Veterans' Appeals (BVA) identify a Duty to Assist error, the primary action taken is to send the claim back to the Regional Office (RO). This step is crucial because the Duty to Assist encompasses the responsibility of the VA to help veterans obtain the necessary information and evidence to support their claims. If a review identifies that this duty was not adequately fulfilled—such as failing to gather relevant medical records or not scheduling necessary examinations—the claim must be returned to the RO.

This action ensures that the veteran's claim is thoroughly and fairly evaluated with all pertinent information considered. Sending it back allows the RO to rectify the errors made during the initial processing, undertake further development, and ultimately arrive at a more accurate decision regarding the veteran’s entitlement.

Other actions like amending the original decision, dismissing the claim, or finalizing it without changes would not adequately address the shortcomings identified in the Duty to Assist. Amendments may occur later but are not the immediate step following the identification of such errors. Similarly, dismissing the claim or finalizing it without changes would leave unresolved issues that could adversely affect the veteran’s access to benefits.