Which entity has no duty to assist but must act on identified errors?

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The correct answer is that both the Board of Veterans' Appeals (BVA) and the Higher-Level Review (HLR) have a duty to act on identified errors, but they do not have a generalized duty to assist claimants as part of their specific functions.

In the context of BVA, while it is tasked with reviewing appeals and ensuring the law is applied properly, it does not actively assist veterans in gathering evidence or developing claims, which is usually the responsibility of entities like the Regional Offices. Instead, BVA focuses on reviewing existing records and making determinations based on the merits of the case, including rectifying any clear errors that are identified during the appeals process.

Similarly, the HLR function was established to provide a more informal review of decisions made by Regional Offices, allowing for a higher level review that can also identify errors without being required to assist claimants in the way that a Regional Office would. Both BVA and HLR must act to correct errors if they become apparent, but they do not have a proactive duty to solicit additional evidence or assist in developing the claims further.

Therefore, the recognition that both BVA and HLR must take action on errors, particularly in the context of ensuring correct application of regulations and legal standards

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