If the BVA or HLR identifies a DTA error, what must they do?

When the Board of Veterans' Appeals (BVA) or the Higher-Level Review (HLR) identifies a Duty to Assist (DTA) error, the appropriate action is to return the claim to the Regional Office (RO). This is important because the RO is the entity responsible for the initial claim adjudication and has the capacity to address and resolve the DTA errors identified by BVA or HLR.

Returning the claim ensures that the RO takes the necessary steps to correct any deficiencies related to assistance that may have impacted the claim’s decision-making process. This can include gathering additional evidence, clarifying information, or conducting further investigations as needed. The goal is to ensure that the claimant receives proper support throughout the claims process and that any oversight is corrected at the level where the claim originated.

The other options are not suitable as they overlook the established protocols. For instance, correcting the error themselves or processing the claim without addressing the error would bypass necessary procedures and could lead to further complications in the claims process. Notifying the claimant immediately may be a part of communication practices, but it does not directly address the requirement to fix the error appropriately through the correct procedural channels. Thus, returning the claim to the RO is the mandated course of action when a