VA Benefits for a “Traditional Reservist?”

Absolutely! Hearing injuries resulting from armor, heavy weapons, flight or aircraft maintenance duties might qualify you for VA compensation and other benefits. Here’s how. 

Traditional reservists aren’t eligible for most VA benefits because “active duty for training” doesn’t count towards true veteran status – even if it is a year or more such as Undergraduate Pilot Training. Regardless of how long one’s initial active duty for basic and technical school might be, the law doesn’t recognize that as “active service.” 

VA recognizes completion of an active-duty enlistment, or active duty during wartime to qualify a servicemember for benefits, but UTAs, annual tour, active duty for basic and other training are grouped into ineligible “active duty for training.” No bennies. 

BUT – there’s a big exception to that if you experience a disabling injury or disease. Tinnitus is just one such injury. That ringing in the ears, or wind noise or low hum is caused by loud noises. Noises like a C-123 or C-130 makes. Noises like an M-16 makes at 154dB.

Flyers, tank crews, infantry, artillery and others around loud noises in a military setting often suffer tinnitus, and VA recognizes that as a frequent disability - in fact, it is the most common disability veterans have. 

If you have tinnitus or hearing loss you might be entitled to VA care and compensation for that disability, and if you are, that makes you a veteran with all the benefits that wartime veterans receive. Benefits that you’ve earned from damage done your ears.

I looked into this in December 2020 to help a man who was an army reservist with tinnitus from his basic training back in 1968.  He fired the M-14 rifle and did not have any ear protection. Noises of 85 dB and above can cause permanent hearing loss and tinnitus, and our aircraft are far noisier than that: The C-130 cockpit is steady at over 112 dB. The noise is even worse in the aircraft rear! 

After my altitude chamber ride at Edwards AFB I started flying C-130 transports in 1974. I recall that by 1976 or so we received the 3M yellow foam earplugs. They only provided some protection from noise hazards but it was all we had plus our crew headsets; even together they were of little help. 

There was still significant noise reaching the inner ear to cause damage. This kind of damage is permanent and cumulative and can evidence itself in worsening tinnitus and/or hearing loss even years later. 

Here is my point in the VA’s own words: 

“When a claim for service connection is based on a period of active duty for training, there must be evidence that the individual concerned became disabled as a result of a disease or injury incurred or aggravated in the line of duty during the period of active duty for training.”

That is per 38 U.S.C. § 1131 (see also 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). See CAVC Hensley v. Brown –

  “claimant may establish direct service connection for a hearing disability initially manifest several years after separation from service on the basis of evidence showing that the current hearing loss is causally related to injury or disease suffered in service.”( 5 Vet. App. 155, 164 (1993).” Also see VA Training Letter 10-02 at 15 (rescinded re: incorporation into VBA Adjudication Procedures Manual (M21-1), pt. III, subpt. iv, ch. 4, § D.1-3) 

VA compensation for a 10% tinnitus disability is a modest $144 per month. For someone who served in the reserve components the real importance here isn't the money but rather a hearing injury establishes legal veteran status with all the benefits that attach to being a wartime veteran (we’ve been in a period of war ever since Desert Storm.) 

Sometimes there are secondary issues to adding to hearing loss like depression or hypertension. There can even be tertiary issues, something like hearing loss causing depression which is known to cause heart issues. Rarely, there have been vets getting up to 50% disability ( benefits plus $995/month) based on hearing loss and complications. 

You might not need them now, but benefits can include elderly/low-income pension rights, medical and pharmacy (perhaps with modest co-payments,) rehab, hearing aids, VA home loan, education, and even a new program for veterans called Veteran Directed Care. 

It is for vets faced with significant loss of ADLs (activities of daily life.)
There is no disability rating required, only that a vet be enrolled in VA health care, and with it help can be offered for whatever ADL shortfalls the vet experiences.

If you believe you have tinnitus or hearing loss, or maybe some other issue that began during service and still affects you, get advice from the VA hotline, one of the veterans’ service organizations like DAV or VFW, or your city/state VA office. Get a claim entered immediately because benefits are dated from when VA gets your claim, not when they approve it months later. 

Late note: the Army reservist whose claim I helped prepare got a welcome disability rating of 40% service connection (backdated to date of his application) when VA approved his claim in early June 2021; he has a couple issues still pending that could increase the award significantly. This all went back to hearing injuries during basic training and AIT over half a century ago; good thing he saved, the documentation from his sick call and hospital treatments!

I hope this helps someone!

Wes Carter, USAF Retired

Medical Service Corps

Total Disability for Individual Unemployability (TDIU) Property Tax Exemption Briefer and TDIU slide show (QR Codes)

1. SCAN or CLICK to download TDIU Briefing File

2. SCAN or CLICK for TDIU Briefing Slides

 

What is VA "TDIU" and how does VA use that rating?

I've needed to go into an explanation what VA TDIU is (CLICK HERE for VA's factsheet) but I overlooked doing it until questions arose at Sunday night's United Veterans Coalition banquet in Denver. A gentleman at our table was from Arapaho County and asked me about helping his Army veteran son.

A skillful veteran’s service officer (VFW, DAV, state or county) can advise about eligibility for Total Disability for Individual Unemployability (TDIU, and sometimes just IU) and help one obtain this valuable benefit if qualified. These pros know the mysterious VA bureaucracy and the evidence required to obtain favorable benefit claim decisions for disabled veterans. Their objective for every disabled vet they assist is to get the maximum entitled benefit. And actually, that's VA's goal as well.

The VA requires veterans to prove their qualifications for disability benefits but even then, VA routinely denies legitimate TDIU claims. 

Qualifying for TDIU:

The VA’s Individual Unemployability (TDIU) benefit represents somewhat of a loophole for disabled veterans in the VA system. It allows assigning a total disability rating for compensation (100%) to to a vet when the vet’s actual disability exceeds the VA's rating chart. TDIU was established decades ago when VA appreciated that there were situations where the regular percentage allowed for a disability is inadequate and where the vet's particular disability (regardless of any rating chart) is in fact total. TDIU ratings account for situations where the line-of-duty disability has made employment impossible, making employment impractical. 

Total Disability for Individual Unemployability is based on the vet’s proven inability to maintain “substantially gainful employment” due to a service-connected illness or injury.

VA regulations usually require the vet to have at least one service-connected disability rated at 60% or more. Or, if the vet has multiple disabilities, at least one must be ratable at 40% or more, and in combination the vet’s disabilities confer a combined rating of 70% or more.

Veterans who do not meet the minimum disability percent rating requirements for IU may be considered if they can show exceptional or unusual circumstances, such as that their disabilities directly interfere with their employability or require hospitalization often enough to make steady employment impractical. Or, that a secondary issue such as pain from an SC back injury makes competitive employment painful and unwise to attempt.

The veteran’s claim must show that service-connected disability or disabilities are “sufficient, without regard to other factors, to prevent performing the mental and/or physical tasks required to get or keep "substantially gainful employment.”

“Substantially gainful employment” is defined as “employment at which non-disabled individuals earn their livelihood with earnings comparable to the particular occupation in the community where the veteran resides.”

VA regulations also make it clear that substantially gainful employment is more than marginal employment, which is a secondary standard for evaluating a vet’s earnings. Marginal employment is defined as earning income that does not exceed the poverty threshold for one person as established by the Census Bureau. For 2021, that threshold is $13,100 for an individual under age 65. 

Vets in sheltered work environments, employed by family businesses or self-employed may earn more than marginal employment income and still be considered for IU.

Money earned by participating in the Veterans Health Administration’s (VHA’s) Compensated Work Therapy (CWT) Program is not counted as income for TDIU purposes.

A vet who has a 100% disability rating according to the VA rating schedule is permitted to maintain substantially gainful employment, but an TDIU benefit recipient is not.

TDIU benefits parallel those of 100% schedular. The compensation is the same with identical special allowances for dependents, clothing, aid and attendance, travel, and special monthly compensation. A prepaid $10,000 is available upon application. Rehab, pharmacy, audiology, prosthetics, optometry, and other VA medical care is the same. There are some situations where dental care is also provided. One of the most important benefits for both TDIU and 100% schedular is CHAMP-VA for Tricare-like family medical care. Often with age and increasing difficulties with SC issues, a TDIU-vet will transition into 100% schedular.

 VA TDIU Eligibility Requirements:

Evidence that must be part of a veteran’s disability benefits claim to obtain IU / TDIU benefits includes:

• Medical evidence of the veteran’s current physical and mental condition, e.g., results of VA examinations, hospital reports, and/or outpatient records. As in other claims, the VA may schedule a medical examination if the veteran’s medical evidence is incomplete or inconsistent.

• Employment and work history for five years prior to the date on which the veteran became too disabled to work, as well as for any work performed after this date.

• Forms completed by each employer for whom the veteran worked during the 12-month period prior to the date the veteran last worked.

• Social Security Administration reports if the vet receives Social Security Disability benefits, if the veteran’s other evidence is insufficient to award compensation

• Records from the VA’s Vocational Rehabilitation and Employment Service (VR&E) if evidence suggests rehab was undertaken but unsuccessful or was found to be medically unfeasible. VR&E testing can be requested by any vet enrolled in VA health care. Social Security Disability records are persuasive.

If the TDIU benefit is granted, the vet must complete a VA employment questionnaire each year until the age of 69 to affirm that he or she remains incapable of maintaining substantially gainful employment.

VA disability raters are trained to consider TDIU in exceptional cases, yet about 40% of all totally disabled vets get that rating and 60% or so are 100% schedular. Examiners can't consider the vet’s age or distinguish between retirement and inability due to age as opposed to a true service-connected disability resulting in unemployability.

As in other cases, VA claims examiners may request additional information at any time to supplement or clarify evidence in a veteran’s claim. This, of course, slows the process. Submit as much persuasion as can be gathered!

Good luck with your claim. NOW –  HELP OTHER VETERANS!

American Legion: Twice they helped me with veterans' concerns

Like so many others, I owe a great deal to the American Legion and their dedication of service to veterans and our families.The American Legion got the ball rolling for C-123 veterans and our Agent Orange concerns. In 2012 Dr. Jeanie Stellman and I visited the Legion's DC offices for a meeting with their national leadership. We briefed them on Stellman's research and Air Force materials that established our Agent Orange exposures, and asked the Legion to get behind us with the power of their nearly one million members.

They said yes, and for us to return the next day with a draft resolution to be voted on at their next national convention. Stellman and I wrote it that night on her MacBook Air (my computer was stolen that morning!) the Legion executives accepted it the next morning. Our resolution was eventually approved as Resolution 128 at the 2012 national convention.

The Legion also led in January 2015 after the Institute of Medicine determined we'd been exposed to Agent Orange aboard our aircraft. Along with the rest of the "Big Six" veterans organizations they insisted that VA Secretary Bob McDonald act on the IOM findings, which he finally did on June 19 2015. The Legion also got a bipartisan group of US senators and congressmen to demand Secretary McDonald act, and they withheld all confirmations until VA yielded. 2100 C-123 aircrews and maintainers, and their survivors, got VA Agent Orange benefits that day, with much thanks due the American Legion.

Over the next few years, a number of articles about C-123 veterans appeared in Legion publications. I've gathered them along with Resolution 128 for your review.

In May I asked our local post to initiate a Colorado resolution supporting Gold Star Wives property tax exemption, and it was approved by the entire state organization on June 28. Lesson for me: resolutions are the Legion's slow but steady march towards better veterans benefits.

And again...thanks Legion!

Text of American Legion resolution supporting Gold Star Wives property tax exemption

WHEREAS, Since the Revolutionary War, more than one million American soldiers have died in battle and military conflicts; their families, who have endured these losses and the accompanying grief, are known as Gold Star Families and their spouses as Gold Star Wives; and Gold Star Families are a living legacy of each fallen soldier to help us all remember and honor these heroes by name and deed, and  

WHEREAS, on April 5, 2021 the Seventy-third General Assembly of the State of Colorado issued Senate Joint Resolution 21-010, resolving on behalf of the citizens “That we, the members of the Colorado General Assembly, honor the pride and the pain of the parents and partners and children and siblings of our fallen heroes who lost his or her life serving our country and protecting our freedom; and recognize the families of these proud patriots with an expression of profound gratitude and respect” and 

 

WHEREAS, in 2006 the citizens of Colorado overwhelmingly approved by amendment to the State Constitution Article X Section 3.5 the Disabled Veteran Property Tax Exemption for totally disabled service-connected military veterans; and in 2014 the Colorado Legislature expanded the Senior and Veteran Property Tax Exemption to include surviving spouses by HB14-1373, and 

 

WHEREAS, the sacrifices of Gold Star Families are to be honored with respect as well as material support and 

 

WHEREAS, surviving spouses of servicemembers who die on active duty are only by the technicality of their servicememember’s death not being in receipt of the exemption thereby denied the exemption, and 

 

WHEREAS, this distinction between survivors of totally disabled veterans already in receipt of the Disabled Property Tax Exemption and survivors of active duty servicemembers (“Gold Star Wives”) denied the exemption solely due to the death of their spouse while in service is an offense to the honor of the State, contrary to the spirit expressed by the Seventy-third General Assembly of the State of Colorado Senate Joint Resolution 21-010, and contrary to the intentions of Colorado citizens’ approval of Article X Section 3.5 as presented in the 2006 Referendum E, and  

 

WHEREAS, the American Legion Department of Colorado and the Gold Star Wives are both member organizations of the United Veterans Coalition of Colorado, and  

 

WHEREAS, either a legislative or constitutional amendment process being necessary, it may suffice that a redefinition of “disabled veteran” to include a death on active duty, or other such procedure as the General Assembly shall direct; and that surviving spouses of Colorado Air and Army National Guard members who die while activated by the Governor for State service should also receive such respect and benefits, it is therefore  

 

RESOLVED, by the American Legion Department of Colorado that inclusion of unremarried Gold Star Wives and unremarried surviving spouses of Colorado National Guard members who die while activated by the Governor for State service, be included in the Disabled Veteran Survivor Property Tax Exemption because it is both necessary and proper, that the United Veterans Coalition be informed for this to be part of its state legislative objectives until acted upon with a goal of implementation before 2023. 

June 26: American Legion Votes Support of Gold Star Wives Property Tax Exemption

This morning the Department of Colorado of the American Legion, meeting at their annual conference in Colorado Springs, approved a resolution for Gold Star Wives inclusion in the Disabled Veteran Property Tax Exemption program.

The resolution initiated with the Legion post in Fort Collins. 

The Legion's resolution urges UVC to include the issue in its 2022 state legislative agenda. The coalition's agenda is yet be finalized. Obviously the legislature itself must agree to a solution during the next session.

Left unclear is whether a constitutional amendment or an act of the legislature will be the preferred approach.

The Legion's approved resolution joins that of the Military and Veterans Affairs Committee of the Colorado Bar Association, plus our own from the C-123 Veterans Association. It remains for the Gold Star Wives, not third parties, to actually initiate UVC consideration of this issue.
(click: resolution of American Legion Department of Colorado)

Colorado Legislature Wraps Up, Gets Set for 2022

All hope for Gold Star Wives' property tax exemption rose suddenly during the last few days of the 2021 legislative session...and were shot down even faster! The House passed HB21-1002 unanimously but the Senate Veterans and Military Affairs Committee destroyed hopes for this legislation with just a few minutes conversation among the Democrats. Party line vote: Dems=NO, GOP-YES, but the measure failed with Dems in the majority.

Oh, dear. I'm afraid we're back to the old drawing board.

 

United Veterans Committee Crafting State Legislative Agenda for 2022. TDIU Veterans Issue Proposed to the Committee

Among many other proposals, the United Veterans Coalition state legislative affairs committee is considering vets rated by VA as 100% Total Disability for Individual Unemployability veterans (TDIU) for the Disabled Veteran Property Tax Exemption. This issue is being weighed for inclusion in the UVC 2022 legislative agenda to be firmed up this summer for the next legislative session.

The decision will be based on input from all levels of UVC organizational members. This is an issue I've advocated about for six years. I ask everyone to get behind this agenda item, voicing your support directly to the state legislative affairs committee and the executive committee as all such potential agenda issues are being weighed this summer.  

Inclusion of TDIU veterans affects about 2,000 Colorado vet homeowners and survivors, at a cost to Colorado at about $2.6M. Voters originally approved the Disabled Veteran Property Tax Exemption as Referendum E in 2006. The Blue Book described the benefit for "totally disabled veterans unable to work" due to line-of-duty injuries and illnesses. Somehow, "unemployability" was written into the enabling legislation and statue after the amendment was approved. That's not what the voters thought we were approving.

I hope the legislature to include these ignored 100% disabled veterans by exercising its authority to redefine "qualified veteran." A revised statute can include TDIU vets. 

Colorado utilizes VA definitions for management of veterans benefits, so it is very telling to see VA's own rules from VAM21-1 on TDIU. Read carefully, and compare to the language of Referendum E, the enabling statute and the Disabled Veteran Property Tax Exemption form and instructions.

As for Gold Star Wives, the Legislative Support Staff calculated the cost to Colorado would be only $93,000, so it is very, very hard to understand why every Democrat voted against these 140 Gold Star Wives' much too small a benefit.

United Veterans Coalition Considering Agenda Item: Property Tax Exemption for Gold Star Wives

 The United Veterans Coalition state legislative affairs committee is considering addition of the Gold Star Wives Disabled Veteran Survivor Property Tax Exemption for inclusion in the 2022 legislative agenda.

The decision will be based on input from the Gold Star Wives and other primary organization members. I encourage everyone having an opinion on the issue to voice it through their primary group representatives.

The issue was unanimously approved by the Colorado House in the session just ended but killed by the Senate Military and Veterans Affairs Committee. The idea was to submit a referendum to the voters next term, amending the constitution's Article X Section 3.5 to include these active-duty troops' survivors. I believe the change could have been made via statute, a much easier path than changing the consitution.

The Legislative Support Staff calculated the cost to Colorado would be only $93,000, so it is very, very hard to understand why every Democrat voted against these 140 Gold Star Wives' small benefit.

COLORADO SENATE SNUBBED FAMILIES – KILLED GOLD STAR WIVES' PROPERTY TAX EXEMPTION

June 7 2021: Colorado Senate killed Gold Star Wives bill for
given survivors of totally disabled veterans (HCR21-1002

Last week the Colorado Senate really disappointed me. It killed a bill to include Gold Star Wives (widows of troops who die in the line of duty) the same small property tax exemption given widows of totally disabled veterans.

Did senators think our widows don't need the exemption to keep their homes and survive on the puny $1350 per month VA death benefit?

Thousands of survivors of Colorado's disabled vets already get this exemption as they should – but the Senate refused it to our 140 Gold Star Wives. These survivors are denied the exemption only because their servicemembers died in the line of duty on active duty rather than as disabled veterans after active duty.

Esteemed Senators: did you give this any thought before you killed HCR21-1002, passed unanimously by the House?

 

Colorado Senators - You KILLED Veteran's Survivor Property Tax Exemption for my Widow? WHAT WERE YOU THINKING?

         What Were You Thinking?
NOT ABOUT ME, MY WIFE OR MY KIDS!
THAT'S FOR CERTAIN!

 

Colorado Voters Have a Long Memory - especially about how veterans and their survivors are treated

I believe Colorado's Democrat legislators have initiated the more important advances in veterans' benefits, but it would be wrong to conclude that either party is truly disinterested or uncaring. Democrats controlled the House and Senate in 2006 under a Republican governor and are together credited with getting Referendum E in front of the voters. There, the constitutional amendment found overwhelming support. This established the Disabled Veterans Property Tax Exemption in 2007 and reflected well on both parties.

Yet Democrats were particularly uncaring on June 7, 2021 when the Colorado Senate Veterans and Military Affairs Committee voted down HCR21-1002 (by pure party line vote). The bill had been approved unanimously by the House to correct an awkward problem in our Disabled Veteran Survivor Property Tax Exemption. 

This small property tax exemption was initially offered to totally disabled veterans and saved them about $640 a year. The Legislature updated the exemption with HB14-1373 in 2014 to provide for veterans' survivors who were already in receipt of the exemption. Repeat: the exemption was for survivors of a vet already receiving the exemption.

Sadly, that language overlooked the real-world tragedy that not all troops survive to come home to be veterans. Colorado's current tax statute denies the exemption to every widow of every servicemember lost in the line of duty while on active service.

Get the distinction? Get disabled but survive to come home and the exemption is there for your survivor. Sacrifice far more and die in the line of duty and your survivor gets denied the exemption. Widows from World War II, Korea, Vietnam and recent conflicts are refused this exemption because their spouses died on duty, rather than surviving to come home and "be in receipt." 

HCR21-1002 was going to fix that unfortunate wording of the statute so our 140 Colorado Gold Star Widows could qualify for the same small partial property tax exemption. But the opportunity to do the right thing on June 7 was shot down when every Democrat on the state senate's veterans and military affairs committee voted against the bill. There were some heartless phrases thrown around that "we'll have to look at this important issue during next session" and "let's get focused on this next year for something by 2024."

These Democrats might not have known than 80% of these widows are over 60 and 40% are over 65. They've done without the exemption due veterans' widows since losing their husbands in World War II, Korea, Vietnam and more recent conflicts. The state senate turned its back on these survivors.

The Senate made a mistake. Voters took note.

 

C-123 Veterans Association Joins Colorado's United Veterans Coalition

To better support state and federal veterans' issues, The C-123 Veterans Association has affiliated with Colorado's United Veterans Coalition (UVC.) UVC is the single most effective voice for over 350,000 veterans in Colorado. It brings together the VA and nearly every interested organization and political entity in the state.

RADM Dick Young USNR (Ret.) was elected president last week. UVC will celebrate is annual banquet on June 27 and tickets are still available.

How'd that Colorado Senate vote go for Gold Star Wives' property tax exemption?

June 7 2021: HOW DID COLORADO STATE SENATORS VOTE TO PERMIT GOLD STAR WIDOWS THE SAME PROPERTY TAX EXEMPTION COLORADO GIVES DISABLED VETS' WIDOWS? One Guess.

   DEMOCRATS = 100% NO              GOP = 100% YES

Interesting. And very, very  revealing. Every senator* who voted "YES" to honor our Gold Star Wives with SJR21-010 in May seemed to see things differently on June 7, and voted "NO" on HCR21-1002.

Thumbs down on spending $93,000 to permit these 140 widows of active-duty troops same small partial property tax exemption Colorado now gives survivors of our 100% disabled veterans.

Here are their empty words from SJR21-010 tossed to the wind, now shown to be useless and meaningless:

"That we, the members of the Colorado General Assembly honor the pride and the pain of the parents and partners and children and siblings of our fallen heroes and recognize the families of these proud patriots with an expression of profound gratitude and respect."

* voting no:

• • State Sen. Julie Gonzales 
  D District 34, Chair

• 
  

• • State Sen. James Coleman
  D District 33, Vice Chair
  
  • State Sen. Sonya Jaquez Lewis
  D District 17
  
  
  
  
  
  

COLORADO SENATE PRIORITIES FOR 2021 AND 2022

2021 SENATE PRIORITIES - what were they?

                   2022 SENATE PRIORITIES  - what will they be?

Gold Star Wives didn't do well in the 2021 session of the Colorado legislature. Let's hope both parties remember a shared and important core value next year: To support veterans when they return to the home front by working to enhance veteran benefits.

SENATORS, PLEASE DO BETTER IN 2022!

 

Genuine thanks are due the Colorado House of Representatives!

I must set aside my disappointment with the Colorado Senate Veterans Committee killing HCR21-1001 last week. The House is due a salute and my most sincere thanks for their amazing step of a unanimous vote approving HCR21-1001. 

"...submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning the extension of the property tax exemption for qualifying seniors and disabled veterans to the Gold Star Spouses of deceased members of the United States Armed Forces. "

Thank you, Republicans and Democrats in the Colorado House of Representatives for your unanimous approval of HCR21-1002 that you forwarded to the Senate where others decided $93,000 was just too much to "honor" survivors of our servicemembers.

 Earlier, well before any news of HCR21-1002's existence, I have expected and urged a statutory approach to protecting Gold Star Wives by exercising the legislature's power to redefine terms, thus avoiding the two-year delay built into HCR21-1002, and resolving the issue with 2022 legislation.

Gold Star Wives Are Due the Disabled Veteran Survivor Property Tax Exemption

 

Colorado proudly honors survivors of our totally disabled veterans...thousands of them,
but ignores 140 equally worthy Gold Star Wives

COLORADO SENATE DISHONORS ITS OWN RESOLUTION "HONORING" GOLD STAR FAMILIES

I'D CALL IT A JOKE BUT IT ISN'T.

One month ago the Colorado Legislature payed its respects to Gold Star Families* with a sweetly-worded joint resolution. Passed unanimously, the resolution praised the patriotism and dedication of families of Colorado's soldiers, sailors, Marines and Airmen who've died in the line of duty:

Right. Uh-huh. Fellow Coloradans, SJR21-010 wasn't worth the postage to mail it to the survivors. Neither was it enough of "an expression of profound gratitude and respect" to move the mighty senators to more carefully consider HCR21-1002. It certainly wasn't worth the esteemed committee of law-makers' bipartisan review. Instead, on a party-line vote, all Dems voted NO and the outnumbered Republicans voted YES.

What did they shoot down? Spending $93,000 to qualify just 140 Gold Star Widows the same small partial property tax exemption we give thousands of widows of our 100% disabled veterans. The situations are quite similar, except the disabled vets made it home and qualified for the exemption; dead servicemembers could not. The total impact of the Gold Star Widows would have been a "whopping" 0.00062 increase. Wow, how generous (not.)

That's the only difference. The tax law states for survivors to have the disabled veteran property tax exemption, their disabled veteran must have received it before his/her death. As you can imagine, a death on active-duty, and in the line of duty, pretty much precludes coming home disabled to apply for and get the exemption. 

Perhaps legislators who crafted the Seniors' and Disabled Veterans' Survivor Exemption (HB14-1373) did not pause to consider that not all troops make it home. Most do. A few of them are 100% disabled and can qualify for the exemption and so will their survivors. However, the very few who will never come home will never qualify their survivors only because they died first.

HCR21-1002 was an effort to correct this macabre injustice in our tax laws. I'm a totally disabled veteran in receipt of the exemption, and my wife will keep it as my survivor. Had I died in service she would be disqualified. Only because of awkward wording on our tax code.

June 7 was an opportunity to make things right, and to honor the resolution Colorado passed to respect Gold Star Families. June 7 was a missed opportunity to make good law. Shame on those who thought otherwise.

The Senate committee may not have realized that 90% of these widows are over 57, and 40% over age 75.  Or if the senators did know, perhaps they were appreciating that, given the survivors' average age, putting off a solution for their property taxes will have nature taking her usual course. The Senate can anticipate that year by year, for as long as the Senate is able to prevent any relief, there'll be fewer and fewer Gold Star Wives surviving to take advantage of any exemption.

What might be the reasons Gold Star Wives might want to be included in the exemption if they happen to be senior citizens eligible right now?
1. sell the marital home and downsize
2. reduce housing costs to adjust to loss of spouse's income

3. conflicts in wills taxes, credit, or other important property details

4. selling home elsewhere to return to Colorado

5. purchase home for first time

6. inherit home from other than deceased spouse, or gift

7. situations I can't predict

SHAME

Are 140 Gold Star Wives added to the current 489,000 homestead
exemptions just too, too much of a burden for the Great State of Colorado? No, not when we can also spend many millions on family planning for undocumented immigrants.

Someday solution: redefine "qualified veteran" to include a dead one. Add the words, "or a member of the Armed Forces of the United States who died in the line of duty on active service" in a new statute – one that respects and honors Gold Star Widows.

* NOTE:
1. There are two types of Gold Star Wives. First, a small number of survivors of servicemembers whose deaths were in the line of duty while on  active military service. This is the group proposed for the disabled veteran survivor property tax exemption.

2. The other group are survivors of veterans who die after active duty and whose service was 100% disabling. They are already qualified for the exemption.

Helped My Old College Roommate With His VA Claim

PAUL, my old (we're both 75) roommate from college days, Army buddy, fellow IBM employee and friend for over half a century, is almost totally deaf.  

Paul (L)  and Wes, San Diego 1967

He hears sounds but needs powerful hearing aids to grasp the words. We first met as roommates during college and were occasionally bunkmates in the Army. Travels over the years gave us the opportunity to stay in touch. I'm writing this note about Paul to remind all veterans that military service has made us brothers and sisters; we must always help others, including getting them help from the VA when needed.

No Vet left behind. Ever.

Paul was supposed to be best man at my wedding at the March AFB chapel on June 14, 1969. Instead, he found himself headed off for Army basic training. While at Fort Bragg an incident on the rifle range left him totally deaf for days. He was seen at the base medical clinic but the damage was done: he gradually regained most of his hearing after a week of rest, but then year after year, the ears "rang" louder and louder as Paul's tinnitus developed. And so did his bilateral hearing loss worsen. A lot! 
 
This was a half century ago. Specialist-5 Paul Hansen was a traditional Army reservist, serving his initial six months of Active-Duty, but without full-time active duty after that to qualifying him as a "veteran" per the law; nothing that would leave him eligible for VA care or any other benefits. Paul did his six year military obligation and began the rest of life's complicated journey in earnest.

Paul moved between Tokyo and California while I bounced around the country with my civilian and military careers. Once, after I left the Army to fly for the California Air National Guard, I was able to take Paul on a flight with me to Massachusetts for his aunt's funeral. Because we kept in touch and visited occasionally plus weddings and funerals, I noticed Paul's advancing hearing loss and urged him to file a disability claim at the VA.

In fact, around 2014 I even filled out his VA claim for him! But Paul is the reigning world champion of procrastination; the application lay somewhere, ignored, then trashed or perhaps shuffled into some unrelated pile of documents never to be seen again. Okay, I'm a nag. Phone call after phone call, "how ya doin" was followed by reminding him to file with the VA. It never happened.

Paul's hearing loss was significant, but the real goal was for him to establish veteran status with VA. This would entitle him to hearing aids but also vital health care for a multitude of other problems. The disability compensation of his claim was an insignificant concern  – in poor health, twice-widowed and living alone, Paul needed the wide range of VA benefits due disabled veterans but he'd never be a veteran, much less a disabled veteran, without getting around to submitting his claim.

It got to the point that we both realized a claim just wasn't going to get done in our lifetime or before the sun burned out. With Paul's permission I used his power of attorney and applied to the VA for tinnitus and hearing loss disabilities. The initial obstacle of getting Paul to file finally accomplished, we next moved to finding proof of his Army rifle range problem. I filed a request with the Army's personnel records center in St. Louis and the vital proof of injury medical records were promptly sent to us. 

Then there had to be an effective argument that even though he was a traditional Reservist over fifty years back, Paul's injury should entitle him VA care and benefits. Usually VA will only consider problems a year after discharge, probably not Paul and more than half a century later! Paul wasn't even a statutory veteran per the law because he'd never been on active duty after basic training. 

I have a medical background and I also remembered a key detail: The law provides that Reservists and National Guard troops, if they have a disabling injury during their training, the requirements for full veteran status are met. Further, because Paul's training was during the Vietnam War he'd have a wider range of important coverages as a wartime veteran – but only if he succeeded in his claim. 

I also wrote a lengthy report about the Army's poor history of troops' hearing injuries in the years before earplugs were even permitted on a rifle range. I quoted similar VA disability claims from other veterans who won their claims, even years later like Paul. Because of Paul's age and health, his claim needed to be approved on our first pass, not rejected for correction or appeal. Too often, claims have flaws that delay the process a year or even longer for an appeal. At best, we hoped that Paul would get a small 10% disability award for his tinnitus and hearing loss but also worried about any delays for this increasingly frail man.

This week, VA notified him it approved the claim on the initial application. Paul Hansen thus became our newest honored disabled veteran. 40% disabled, not just 10% as first hoped. Two other major health issues are still under consideration and we're hoping it will put Paul over 50% disability, at which point all his medical care is provided free. Other benefits he can get now:

• Benefits for Veterans 40-50% Disabled, plus compensation
  • Preventive care.
  • "Level 2" VA medical priority group
  • Inpatient (hospitalization) services.
  • Military PX and commissary use.
  • Care in the Community
  • Ancillary services.
  • Mental health care.
  • Geriatrics and extended care.
  • Medical equipment/prosthetic items and aids.
  • Old age, low income pension (income-based.)
  • Medical travel.
  • Veteran-Directed Care program, a budget to help with activities of daily life.
  • Medication/supplies
    

The VA decision on his application also made his disability retroactive to December 2020, the date VA received his claim. Paul, faced with many health issues, is finally entitled to VA hearing aids and so many other benefits. Paul isn't poor but the VA check will be useful.

California has some property tax exemptions and other benefits, mostly kicking in at a 100% disability. We'll have to see if Paul's remaining issues are going to be service-connected.

Here, I'll take a firm grasp on myself and control the urge to tell Paul what his disability checks would have totaled (over $35,000) if HE'D ONLY DONE AS I SUGGESTED SEVEN YEARS AGO. I've helped vets with their VA claims but just one other went back over half a century like Paul's. That was for Bob Edwards, church friend and former Navy officer for whom we got a total disability based on World War II injuries 63 years earlier.

A note: Paul's dad's Coast Guard leather bridge coat (he's wearing it in the top photo) saved my life, quite literally, sometime around 1967 in Riverside, California. But that's another story.

THE REST OF THE STORY: The Brief Life & Sudden Death of Colorado's Gold Star Wives' Tax Exemption

Not about to waste a perfectly good opportunity to turn virtually every veterans' wrath against them, yesterday the Colorado Senate Veterans Committee killed HCR21-1002. 

Ever budget-conscious, the committee's discussion indicated they felt it terribly unwise to "waste" $94,000 permitting widows of active-duty troops the same very modest property tax break now given widows of our 100% disabled veterans. Colorado has 140 widows of active-duty troops, all denied the small exemption because the awkward wording of the 2014 legislation restricted the exemption to widows of a veteran already getting the exemption.

Get it?

a) Die on active duty = no widow's tax exemption, or

b) Die after active duty as a disabled vet = widow gets exemption.

Troops call this kind of situation "bass-ack-wards." 

The rest of the story? After a unanimous House vote for HCR21-1002, it was killed because some senators might to do "something" next year to go to the voters in 2023 for some relief for the widows in 2024.

"Something" apparently being a larger overhaul of the entire property tax exemption issue that costs $150,000,000 each year. Gold Star Wives  (mostly elderly of World War II, Korean Conflict and Vietnam eras) would have added 0.00062 to that $150M.

I think the House could have chosen a better approach to the Gold Star Wives, something easier than the constitutional amendment HCR21-1002 required. The legislature took it on themselves to include widows of 100% disabled vets who were receiving the exemption by HB14-1373, not an amendment which is more difficult. 

All the House had to do was use 21 new words refine the definition of "qualifying veteran" to include "or a member of the Armed Forces of the United States who died in the line of duty on active service" in a  new statute.

Here's what it took to include survivors in the original 2014 bill:

39-3-203. Property tax exemption - qualifications. (1.5) (a.5)

FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2015, FIFTY PERCENT OF THE FIRST TWO HUNDRED THOUSAND DOLLARS OF ACTUAL VALUE OF RESIDENTIAL REAL PROPERTY THAT AS OF THE ASSESSMENT DATE IS OWNER-OCCUPIED AND IS USED AS THE PRIMARY RESIDENCE OF AN OWNER-OCCUPIER WHO IS THE SURVIVING SPOUSE OF A QUALIFYING DISABLED VETERAN WHO PREVIOUSLY RECEIVED AN EXEMPTION UNDER PARAGRAPH (a) OF THIS SUBSECTION (1.5) IS EXEMPT FROM TAXATION.

Here's the redefined "qualifying veteran":

SURVIVING SPOUSE OF A QUALIFYING DISABLED VETERAN WHO PREVIOUSLY RECEIVED AN EXEMPTION or a member of the Armed Forces of the United States who died in the line of duty on active service UNDER PARAGRAPH (a) OF THIS SUBSECTION (1.5) IS EXEMPT FROM TAXATION.

And that's "the rest of the story!" 

Here's the Colorado Bar Association's statement:

"Gold Star Wives, survivors of active-duty servicemembers, are denied the exemption because the state constitution (Amendment X Section 3.5) allows the exemption to survivors of veterans already in receipt of the benefit. Colorado legislators apparently did not consider the issue of active-duty deaths. Loss of the servicemember on active duty precludes the 'already in receipt of the benefit' requirement. Proposed is a redefinition of a qualified recipient to include survivors of active duty servicemembers who die in the line of duty."