Their redefinitions have blocked two qualified groups of veterans, fully qualified per the Colorado Constitution Article X Section 3.5, for disabled veteran property tax exemption.
Colorado recognizes sacrifices of our totally disabled veterans, awarding a partial property tax exemption to 100 percent totally and permanently disabled veterans. The U.S. Department of Veterans Affairs has two types of 100% disabled veterans – (1) vets with a 100% disability (2) vets with a total disability rated “Total Disability for Individual Unemployability” (TDIU.) VA benefits for the two types are identical, but Colorado’s TDIU veterans are unfairly denied the exemption
Showing posts with label § 39-3-202(2) (3) 203(1.5) to (5). Show all posts
Showing posts with label § 39-3-202(2) (3) 203(1.5) to (5). Show all posts
Saturday, March 5, 2016
Overview & Support Materials – Disabled Veteran Property Tax Exemption Issue
Summarizing what we've learned in a couple months of investigation, this twenty page overview provides an orientation to the issue and the various details which leave us challenging the Colorado Department of Military and Veterans Affairs for improperly constricting the definition of "qualified veteran."
Their redefinitions have blocked two qualified groups of veterans, fully qualified per the Colorado Constitution Article X Section 3.5, for disabled veteran property tax exemption.
Their redefinitions have blocked two qualified groups of veterans, fully qualified per the Colorado Constitution Article X Section 3.5, for disabled veteran property tax exemption.
Wednesday, March 2, 2016
Email trail on Colorado Disabled Veteran Property Tax Exemption Being Withheld From Some Qualified Vets
Question to CODVA: "BY WHAT AUTHORITY DOES CODVA WITHHOLD THE DISABLED VETERAN PROPERTY TAX EXEMPTION FROM PERMANENT AND TOTALLY 100% DISABLED VA RATINGS WITH UNEMPLOYABILITY?"
SOME EMAILS:
(FROM CODVA)
SOME EMAILS:
(FROM CODVA)
(FROM VA WHEN ASKED IF VA PTIU RATINGS MET STATE REQUIREMENTS FOR PERMANENT, TOTAL AND SERVICE CONNECTED. From Mr. E. S., "Senior Management and Program Analyst at Veterans Benefits Administration, Department of Veterans Affairs - Veterans Benefits Administration, Department of Veterans Affairs" )Mr. Carter,
The statue is a State one and it is 39-3-202 (3.5).I feel the reason they limited this to Veterans rated 100% was because they didn’t know the fiscal downfall of the bill. My understanding from the people who were involved were fully aware of the difference between Individual Unemployability and the 100% rating. No one in our office was involved in these decisions and I personally, being the one who approves these, would love to see the law changed. You have no idea how people can treat someone when they think the law is unjust.
If you would like to see this law changed be sure to contact the legislature about it. The Veterans groups have large voices in the State of Colorado.
I hope this helps. Have a wonderful Holiday and Happy New Year
Merry Christmas and Happy New Year
State Service Officer 303-284-6077 Fax: 303-284-3163
Wes
We’d be happy to answer any questions Mr. Mestas and CO DVA have. As I mentioned in my previous response, VA does consider some IU ratings, such as the one you provided as an example, to be permanent and total (P&T). P&T IU ratings are clearly marked as such.
(FROM CODVA)
Mr. Carter-
Under the current interpretation of the law those individuals do not qualify if they are less than 100% but are awarded IU that makes them 100% regardless if it is permanent and total. When the federal VA was asked by the Colorado General Assembly to clarify the difference while the bill was being developed, they made the distinction between the two. That distinction is what my Division follows.
Should the General Assembly decide to amend the law to cover both, that change would have to come through legislation.
Proudly Serving America’s Warriors.
Colorado Division of Veteran Affairs 1355 South Colorado Blvd. Suite 113
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