The VA has only two such ratings.
One is for injuries that are so severe the veteran is made 100% disabled. The other is for injuries that are severe but even worse than the percentage of disability VA rules allow for that particular injury or illness, and which by themselves (only military issues) make the veteran unable to work for the remainder of his/her lifetime...that rating is termed IN THE LAW as, "Total Disability Individual Unemployability" (TDIU.) BOTH of these VA ratings are for ONE HUNDRED PERCENT PERMANENT AND TOTAL DISABILITY.
Colorado has a problem in that for some reason outside the law, the state opted to refuse the exemption to veterans having the VA TDIU rating. Although state agencies refuse to accept TDIU or unemployability, that refusal isn't in the constitution, the legislation or the 2006 Referendum E, for which the Blue Book specifically referenced totally disabled veterans unable to work for their remaining lifetime.
It seems the only mention of unemployability is in the instructions and web pages saying it is unacceptable...only in the forms for the final implementation of the referendum, the constitutional amendment, and the legislation does unemployability get mentioned as a disqualifier. Unemployability, one of the two VA ratings for total and permanent military service disability is simply (and wrongly) excluded.
That's wrong. It needs correction, and we call on DMVA and DOLA to make implementation of this constitutional benefit properly reflect the constitution. VA's rating of veterans should be respected as detailed in the law. ALL veterans rated totally and permanently disabled, including via the TDIU rating, should be afforded this modest property tax exemption.
Here's what the law says are our totally disabled veterans entitled to the partial tax exemption:
Colorado 39-3-202 C.R.S.
“(3.5)
‘Qualifying disabled veteran’ means an individual who has served on
active duty in the United States armed forces, including a member of the
Colorado National Guard who has been ordered into the active military service
of the United States, has been separated therefrom under honorable conditions,
and has established a service-connected disability that has been rated by the
federal department of veterans affairs as one hundred percent permanent
disability
through disability retirement benefits pursuant to a law or regulation
administered by the department, the United States departments of homeland
security, Army, Navy, or Air Force.”
This program is for Disabled Veterans who:
• Are RATED by the U.S. Department of Veterans Affairs at 100%, Permanently and Totally Disabled by the U.S. Department of Veterans Affairs (Individual Unacceptability(?*) does not qualify) AND
• You must have owned and occupied the property since January 1st of the year in which the Veteran is applying. (*unacceptability is DMVA's typo, not mine!)
• Applicant must be a disabled veteran who has been rated by the U.S. Department of Veterans Affairs as permanently disabled. (VA unemployability awards do not meet the requirement for determining an applicant's eligibility.)”
 |
| COLORADO DEPARTMENT OF LOCAL AFFAIRS |
ELIGIBILITY REQUIREMENTS, Qualifying Disabled Veteran:
To qualify, a disabled veteran must meet each of the following requirements:
• Served active duty in U.S. armed forces.
• Was honorably discharged.
• Sustained a service-connected disability rated by the U.S. Department of Veterans Affairs as 100% permanent and total. Disabilities rated less than 100% and VA employability awards do not meet the eligibility requirements.
BUT WAIT: THERE'S MORE!
There's another problem with the way Colorado implements this constitutional benefit and its enabling legislation. They simply haven't gotten around to it.
The constitution also recognized servicemembers that the military retires as totally and permanently disabled. Through an oversight, these disabled veterans were simply not mentioned in the statutes and were therefore refused the exemption even though it was a constitutional right, spelled out crystal clear, word for word:
When I've tried to discuss this disconnect with officials there's been no disagreement about the issue, but it doesn't seem a big deal to anyone.
This is a big deal! The people of the state are the supreme power, and the constitution reflects the will of the people, with state officials from the governor on down sworn to protect and defend it. A right specifically guaranteed by our state constitution cannot simply be ignored by agencies that didn't get around to honoring it. You may recall that in 1776 unfair taxation led to some disagreement between England and her American colonies.
Thankfully, officials have indicated that things will be set right by January 2018, ending eleven years of unconstitutional taxation of this group of totally disabled military retirees. By January, these veterans will have been unconstitutionally overtaxed about $4,800 each.
BUT WAIT: THERE'S MORE!
There's another problem with the way Colorado implements this constitutional benefit and its enabling legislation. They simply haven't gotten around to it.
The constitution also recognized servicemembers that the military retires as totally and permanently disabled. Through an oversight, these disabled veterans were simply not mentioned in the statutes and were therefore refused the exemption even though it was a constitutional right, spelled out crystal clear, word for word:
"...through disability retirement benefits pursuant to a law or regulation administered by the department, the United States departments of homeland security, or the departments of Army, Navy, or Air Force.”In May 2015 the governor signed an act unanimously approved by both houses of the legislature in May 2016 to correct the problem by placing those last fifteen words in the constitution also in the law. For some reason the correction hasn't been implemented by the responsible state agencies...it has simply been ignored. Totally disabled military retirees continue to be taxed and the constitution abused.
When I've tried to discuss this disconnect with officials there's been no disagreement about the issue, but it doesn't seem a big deal to anyone.
This is a big deal! The people of the state are the supreme power, and the constitution reflects the will of the people, with state officials from the governor on down sworn to protect and defend it. A right specifically guaranteed by our state constitution cannot simply be ignored by agencies that didn't get around to honoring it. You may recall that in 1776 unfair taxation led to some disagreement between England and her American colonies.
Thankfully, officials have indicated that things will be set right by January 2018, ending eleven years of unconstitutional taxation of this group of totally disabled military retirees. By January, these veterans will have been unconstitutionally overtaxed about $4,800 each.
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