What term is used to describe the responsibility of HLR and BVA in relation to Duty to Assist?

The appropriate term that describes the responsibility of the Higher Level Review (HLR) and the Board of Veterans' Appeals (BVA) concerning the Duty to Assist is that there is "No Duty to Assist." This means that while the HLR and BVA are tasked with reviewing decisions made by the Veterans Affairs (VA), they do not have the same obligation to assist veterans in developing their claims as the initial claim adjudicators do.

At the initial level, the VA has a statutory obligation to assist veterans in gathering evidence to support their claims. This includes obtaining relevant records and providing necessary assistance to ensure that the claimant has all possible support in presenting their case. However, once a claim reaches the HLR or BVA stage, this duty is no longer mandated. Instead, these entities focus on reviewing the existing records and evidence rather than seeking additional information on behalf of the claimant.

This distinction is crucial for veterans navigating the appeals process, as it highlights the different levels of support and assistance available at each stage of their claim. Understanding this difference can help set expectations and inform veterans about the responsibilities of the HLR and BVA in the context of their appeals.