the deficiency, the claim does not become final for purposes of appeal. It is already well established by the Court of Appeals for Veterans Claims that breaches of the duty to assist on direct appeal require a remand to permit the AOJ the opportunity to make a reasonable attempt to fulfill the duty to assist, that is, to gather the relevant evidence and documents, to consider the governing statutes, regulations and case law and to’ perform a critical examination of the justification for the decision. See Schafrath, 1 Vet.App. at 596 (stating where Board failed to assist the appellant in obtaining requested VA medical records, the decision is normally vacated and the matter remanded to the Board for further development of the record); Moore v. Derwinski, 1 Vet.App. 401, 406 (1991) (<HOLDING>); Littke, 1 Vet.App. at 90-91 (holding where VA
holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings holding that fees paid by insureds are benefits accruing to the insurer in the operation of its business and must be included in insurers report to the board of insurance so as to enable the board to prescribe uniform rates holding that public hearings should not be held for the purpose of polling the neighborhood but to present facts to assist a board with its decision holding that whether an employee decides to assist the charging party or refuses to assist the  employer the employer may not retaliate against the employee because this decision of the employee constitutes participation in an investigation or proceeding under title vii holding where secretary breached the duty to assist veteran in ensuring examination report was as complete and thorough as possible remand was required to enable the board to assist claimant in developing the facts of his case