I feel like sometimes people give 'vague' 'ho-hum' answers. Hopefully this isn't and it helps:
A. Should I do my best to pursue an MEB, so I can potentially collect VA Disability Comp + my Medical Retirement Pay now, versus just simply transferring to the Grey Area while I await my Army Reserve Retirement at age 60?
100% try for medical retirement. There is no down-side to attempting the IDES. (Expect it to take 1 year or more because the NG and Reserve IDES have no one ensuring they meet any deadlines. I can provide many, many links from this site to back up my claims. )
a.1 If you get 30% or more you at least get Tricare and possible CRSC/DoD pay
a.2 If you get 30% or less you don't get a severance and maintain your reserve 20 year retirement at 60yrs. (no loss, no paying back a severance to get your VA money again)
a.3 Choose IDES not LDES. You can keep your 100% P/T VA rating and be reviewed for DoD only. See the VA adjudication manual:
- M21-1, Part X, Subpart i, Chapter 6, Section E - Integrated Disability Evaluation System (IDES), Referrals, and Initial Processing X.i.6.E.4.a. Steps of the Initial Meeting, steps 4-5.
- https://www.knowva.ebenefits.va.gov...Referrals-and-Initial-Processing?query=Ides#4
a.4 You can reuse your previous C&P exams if you tell the VA MSC 'your condition hasn't changed' since the last C&P exam.
a.5 This has been discussed on PEB Forums a few times, read more at these links:
1.
VA Rating Prior to MEB
2.
https://www.pebforum.com/threads/going-into-medboard-w-100-va-p-t.72488/
3.
100% P&T w/VA...Headed to MEB, Just need advice!
B. What is the best way to ensure, my final PHA "triggers" an MEB? Are there any complications of going through MEB, if I am in the IRR?
b.1 You get a DA 7809 completed for each condition you want to be medically boarded for. You should fail to meet retention standards per AR 40-501. Get the ACFT form completed also for each condition. I was told by someone at the AR-MMC that there are a few statements that lean a doctor towards a P3 and Med board referral: " The medical condition is permanent. The condition will not improve. All medical treatment has failed. Soldier fails to meet retention standards for 'X-condition' based on AR 40-501 chapter 3 , (para-lin of your condition)" (yes, i was told your civilian doctor can make statements.) If any of those apply, make sure they're on that form(s).
b.2 IDRMs or LODs. It's the DoD's way of really sticking it to NG / Reserve. On AD for more than 30 days when you got injured...or maybe a combat deployment? You were subject to UCMJ and were in harms way? Well, great, the DoD needs an LOD or at least an IDRM "because" or you will get a NILOD board. Active Duty doesn't have to worry about this. Expect these to take 2-3 months. I am fighting a NILOD IDRM because the doctor randomly chose one of mine as "NILOD" and gave no rationale for the refusal... just a 'no' and I'm supposed to accept that. I filed a congressional because no one wanted to 'help' or was willing to allow me to rebut.
b.3 IRR. I don't have answer for this portion of the question. Sorry.
b.4 Anger and Frustration. Expect this process to not go smoothly. The MEB cherry picks, the PEB cherry picks. No one so far can or will explain to me how the MEB/PEB makes their decisions. It's not solely based on regs, it's not based on the DBQ, nor your medical records. It's more of a 'black box' process. Where someone, somewhere makes a decision that impacts the rest of your life. The generic answer I see is a vague quote of regs and proceedings from 40-501 or 635-40 but when they are pushed farther for clarification, it goes super vague, you see comments to just "appeal" or they stop responding. Lots of posts where people were 100% a 'does not meet retention' or were 'unfitting' but were denied DoD retirement "because" the board said so. Their rationale is often weak, too, but is almost always upheld unless your willing to go in-person to a formal PEB hearing. Although, PTSD is most often seen at unfitting from posts on PEB Forum.
C. I've seen back and forth about receiving Medical Retirement pay and VA Disability comp in full with no offset, what would qualify me to receive both?
c.1 no, unless you have 20 years of AD service, you don't get both. These calculations are covered by @RogG multiple times. You should really look over his posts where he runs folks numbers for them to get a good idea of how the math works. I'm going to butcher it. The best you get is:
c.1.a. VA 100% pay
c.2.b DoD - VA = Your high 36months averaged base pay $ * (DoD disability %). Take that number and subtract your VA 100% money. If that amount is negative, you get $0. If it's positive, $1 or higher, you get taxed on that at 15% but 'usually' it has no state and no SSDI tax.
c.2.c CRSC - submit yet another packet to the Army requesting CRSC for each condition separately. The easiest way is to make sure the PEB 199 says each condition was combat related or a presumptive. Otherwise, provide as much documentation showing it was combat-related and hope for the best.
