Who has the responsibility to identify a Duty to Assist error prior to the Record of Decision?

The responsibility to identify a Duty to Assist error prior to the Record of Decision primarily lies with the Higher-Level Review (HLR) and the Board of Veterans' Appeals (BVA). This is because these entities are tasked with evaluating claims and ensuring that the VA fulfills its obligations in assisting veterans with their claims.

The Duty to Assist refers to the VA's responsibility to help claimants gather the necessary information and evidence required to support their claims for benefits. During the review process, HLR and BVA officials are equipped to identify whether the VA has adequately assisted the claimant and whether there are any overlooked errors in the gathering of evidence or the case review process.

By identifying these errors before the final decision is made, HLR and BVA contribute significantly to fair and thorough adjudications. Their involvement ensures that claimants receive appropriate benefits without unnecessary delays caused by inadequate assistance or errors in processing the claims.

The other roles mentioned—such as the claimant, the Regional Office (RO), and legal counsel—while they may also play parts in the claims process, are not primarily responsible for identifying these specific errors prior to the Record of Decision. Claimants typically rely on the system to identify errors, while legal counsel may assist in guiding claimants through the