Confused about process and pension - ARNG Soldier, former Active Duty

[caarngs1]

So here's a rough timeline for my past couple years:

April 2014, final Active PHA
May 2014, start terminal leave
July 2014, start C&P Exams
August 2014, terminal leave ends, I'm out
September 2014, Start process to join ARNG - the use PHA from April 2014
November 2014, first round of ratings come back from VA, 60%
February 2015, Begin drill with CAARNG
March 2015, rating bumped to 90%
August 2015, ARNG sees urethral stricture - marks me MND, initiates permanent profile
Apr 2016, get memo saying I'm being separated from NON DUTY RELATED condition
Apr 2016, elect to go to NDR-PEB, just buying time for the LOD to go through
May 2016, LOD Started, it's formal since it was on Active Duty
Nov 2016, LOD Completed.
Nov 2016, notified I will be going through a Duty-Related MEB.

So I have a couple questions.
1. Is the MEB subjective? I.e. I have a urethral stricture which does not meet the standard per AR 40-501 2-15.e. Do you they take a subjective look at everything? Or just say no?
2. Does the PEB just use the VA rating I already have? Will they just use the 60 I have for Urethral Strictures, the 90% overall (knowing that it caps at 75%)?
3. How does National Guard disability base pay work? Regardless of the percentage, is the retirement pay based on my rank's basic pay for the past 36 months, or the amount I actually made? I guess the simpler question, is the pay based off 4 UTAs/month or basic pay?.

 

[gsfowler]

1. Is the MEB subjective? I.e. I have a urethral stricture which does not meet the standard per AR 40-501 2-15.e. Do you they take a subjective look at everything? Or just say no?

The standard is actually AR 40-501 Chapter 3, Chapter 2 covers enlistment, appointment and induction. Urethral stricture is found in Chapter 3-17. i.

2. Does the PEB just use the VA rating I already have? Will they just use the 60 I have for Urethral Strictures, the 90% overall (knowing that it caps at 75%)?

You will be rated for any condition(s) that do not meet retention standards per AR 40-501. It is likely that you will be reexamined for C&P

3. How does National Guard disability base pay work? Regardless of the percentage, is the retirement pay based on my rank's basic pay for the past 36 months, or the amount I actually made? I guess the simpler question, is the pay based off
4 UTAs/month or basic pay?.

They will the average of the top three years base pay you would have earned while on active duty. This worksheet has all of the rules on it and may be helpful: http://www.apd.army.mil/pub/eforms/pdf/A5892.pdf





You state that you have a LOD, this is good. Your username leads me to believe you work in S1. Have you examined your LOD to make sure that it is fully correct, to include the proper signature authority?

Based upon your timeline, you may have some challenges receiving a medical retirement form the NG, it is highly probable that you are going to attempt to separate you for a non-duty related condition when this hits the PEB.

They may take the position that the NG contract is fraudulent based upon the PHA and your C&P claim with the VA.