Prep for decision

[XIbodybag]

Last week I had my higher level review informal conference.  The HLR and a seperate initial claim are both sitting in prep for decision now.  How long does it take after HLR informal conference for decision?  What about for an initial claim to get through "prep for decision" lately?  Im under the san diego regional office if that helps.  Thanks

Edited May 23, 2022 by XIbodybag

[brokensoldier244th]

There is no way to speculate. It depends on when your claim is assigned to be worked, and the backlog of claims, and what your claim needs vs other claims. You can trigger a claim to be assigned to be worked by submitting new documents, though- that pulls it out of the work queue to get assigned to someone even if its waiting for something else to be done that may take longer (like an exam, or records requested from the national archive, etc). 

 

What regional office doesn't' matter- claims haven't been tied to a specific regional office for a few years now. They originate there, but they are worked nationally based on what RO has the least number of backed up claims on a given day. 

[XIbodybag]

Glad you're still here helping everyone out!  Thanks for the info.  If I did add more info though I'd probably get sent from prep for decision back to gathering of evidence right?

[brokensoldier244th]

If it got there before it was made ready for decision, probably. Im not sure if the system pulls something back out of ready for decision when new info is submitted- I don't see the rating side. I know that I sometimes get claims that were 'done'  as much as possible on the development side of things, but then some new mail/upload came in and the claim gets kicked back out into the queue to be worked so someone can look at what the new information is. Thats usually before being made RFD, though. 

[flow1972]

I agree with @brokensoldier244th.  It really depends on a lot of different factors.  Every single HLR is different.  The HLR decision on the one I did was in and complete within 3 days, but mine was a literal math error I was able to point out specifically in the Original Evidence, so it was an easy thing for her to see.  Still, it wasn't "immediate"...and that was a while back as well.  I wouldn't submit anything "new" no matter what though because then it wouldn't be an HLR..it would be a supplemental.  HLR's don't allow any "new evidence".  I'm sure it'll happen soon.  Good luck!

[XIbodybag]

Okay so update.  I recieved my "decision" on may 25 for my HLR.  The VA determined their was a duty to assist error.  The VA official I had my informal conference said that the VA did not take into account I was claiming that my sleep apnea was aggravated by my service connected PTSD and not caused by my service connected PTSD.  She also stated that even though my IMO from a pulmonologist/sleep specialist did not specifically state the rationale in the letter that I had also uploaded the evidence/studies that PTSD aggravates sleep apnea and that the VA C&P examiner MUST take my IMO and uploaded studies into account in terms of PTSD being an aggravating factor for PTSD.  My question is, does this sound like it will be beneficial for me?  Also how much longer should this HLR take?  It updated on the 25th and hasnt updated since, nor have i been contacted for a C&P.  1800 number says that its been assigned to a vsr but that they do not show that any more work has been done on it.  I've been fighting this sleep apnea rating for 2 years now so i'm a little impatient.

[brokensoldier244th]

Depends on how far it goes back- bigger amounts, multiple signatures. Plus, HLRs are worked by certain teams, and due to changes in various VA regs in the last year or so, many of them are helping to revisit those older claims as well. There isn't a timeline.

Every claim is different, and sometimes 40 contention claims are put together well and are worked fast, sometimes 3 issue claims take a year because of covid, communication tennis, lack of required documentation, waiting on NPRC/Service/Investigatory/whatever.

It may not need a C&P, either, at least an in person C&P, especially if you already laid the groundwork for it the first time.