What must HLR and BVA do if they identify a Duty to Assist error that occurred prior to the Record of Decision?

When the Higher-Level Review (HLR) and the Board of Veterans' Appeals (BVA) identify a Duty to Assist error that occurred prior to the Record of Decision, the appropriate action is to return the claim to the Regional Office (RO). This process ensures that the error is addressed appropriately, as the RO has the responsibility to assist the claimant in gathering the necessary evidence and ensuring that the claim is fully developed before a decision is issued.

Returning the claim to the RO allows for a comprehensive reevaluation of the claim, ensuring that the claimant receives all the benefits to which they are entitled. The Duty to Assist requires that the VA help veterans in securing evidence necessary to substantiate their claims; therefore, when an error in fulfilling this duty is recognized, it must be corrected before moving forward with further proceedings.

This action is crucial in upholding the integrity of the claims process and ensuring that veterans are treated fairly and receive the due consideration of their claims. By sending the claim back, HLR and BVA ensure that no steps are skipped, which might lead to potential injustice or further delays in the veteran receiving benefits.

In contrast, simply proceeding with processing the claim would likely perpetuate the error and undermine the quality of the adjudication. Ignoring