What is the outcome if BVA and HLR identify a DTA error?

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When the Board of Veterans' Appeals (BVA) and the Higher-Level Review (HLR) identify a Due Process Error (DTA), the correct course of action is to send the case back to the Regional Office (RO). This ensures that the error is corrected and that the claimant's rights are protected within the appeals process. The RO is the entity equipped to address the identified errors and effectively process the claim or appeal in accordance with established procedures.

Identifying a DTA error means there was a procedural issue that could affect the claimant's entitlements or the fairness of the review process. By returning the case to the RO, it allows the original decision makers to rectify the mistake and provide a fair and just review for the claimant, taking into account any necessary corrections.

This approach not only safeguards the integrity of the appeals process but also upholds the veteran's rights, preventing potential adverse effects of unaddressed errors. Other options, such as handling the appeal process or dismissing the claim, would not align with the obligation to maintain accurate and fair proceedings for veterans seeking benefits.

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