Colorado's abandoned 100% disabled veterans – those rated "Total Disability for Individual Unemployability (TDIU)"

Voters approved Referendum E in 2006. We were asked whether a partial property tax exemption should be offered totally and permanently disabled veterans. We approved. But we didn't get what we voted for, not by half.

VA has two kinds of total disability awards – "TDIU" for total disability for individual unemployability, and 100% service connected permanent and total.

VA may increase certain veterans' disability compensation to the 100 percent level, even though VA has not rated their service-connected disabilities at that level. To receive the supplement, termed an Individual Unemployability (IU) payment, disabled veterans must apply for the benefit and meet two criteria. First, veterans generally must be rated between 60 percent and 90 percent disabled. Second, VA must determine that veterans' disabilities prevent them from maintaining substantially gainful employment—for instance, if their employment earnings would keep them below the poverty threshold for one person. 

Unhappily, our legislators really tightened up qualifications and locked out every single TDIU veteran. TDIU vets are carefully evaluated by VA, have at least one 60% permanent disability and a combination of factors making it physically impossible for them to work. Ever. Both vets are referred to as 100% VA disabled, but TDIU veterans have been refused the Colorado disabled veteran property tax exemption.

Consider the leeway given the legislature in the tax code. Clearly, the legislators had/have the power to follow Referendum E "in a manner that gives its words their natural and obvious significance." Must we suppose that totally and permanently disabled aren't "natural and obvious" enough words for TDIU?

Colorado Revised Statutes 2016, Title 39-3-202

TITLE 39(c) In enacting legislation to implement section 3.5 of article X of the state constitution the general assembly has attempted to interpret the provisions of section 3.5 of article X of the state constitution in a manner that gives its words their natural and obvious significance;

VA OIG 19-00227-226, Page ii, September 10, 2020

"Veterans are considered to have total disability when they have a 100 percent disability rating due to service-connected disabilities or if their service-connected disabilities make them unemployable. For the total disability to be permanent, the law requires the disability to be “based upon an impairment reasonably certain to continue throughout life."

"The Veterans Benefits Administration Inadequately Supported Permanent and Total Disability Decisions",

   

Sample Association resolution: "Extend Disabled Veterans' Survivor Property Tax Exemption to Gold Star Spouses"

 Here's what has been proposed to the American Legion, although in no way approved yet It needs post approval, then district, before the Department of Colorado can decide on it. Again. only a draft. (May 5: modified to forward the resolution only to UVC for them to consider.)

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Met With American Legion Post, Fort Collins

I had an invitation this evening to request a resolution by the American Legion Post in Fort Collins. The subject:
Gold Star Wives. The resolution has to be voted on locally in order to proceed to the district, and then the Department of Colorado. I enjoyed a free beer and help with my wheelchair!

Here's the resolution:

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 established the Disabled Veteran Surviving Spouse Property Tax Exemption for surviving spouses of totally disabled veterans already in receipt of the exemption 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 theDisabled 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 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 Colorado Department of the American Legion 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 theGeneral Assembly shall direct; and that surviving spouses of Colorado Air and Army National Guardmembers who die while activated by the Governor for State service should also receive such respect and benefits, it is therefore

RESOLVED, by the George Beach Post 4 of the Department of Colorado that inclusion of unremarried Gold Star Wives and unremarried surviving spouses of State 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; and the Colorado Board of Veterans Affairs and all relevant committees of the Colorado General Assembly be informed of this Department’s wish that efforts by them be undertaken for inclusion of Gold Star Wives in the Disabled VeteranSurvivor Property Tax Exemption with a goal of implementation before 2023.

Gold Star Wives discussions continue at the Colorado National Guard Association

 

Our Testimony Supporting Senate Bill 16-147 (28 Apr 2016)

Statement of Wes Carter, Major USAF Retired

National Chairperson, The C-123 Veterans Association

also speaking for the united veterans committee of colorado

Mr. Chairman, and members of the committee,

I’m Wes Carter, National Chairperson of the C-123 Veterans Association. Today I also represent 450,000 Colorado veterans whose voice is the United Veterans Committee. Before you today is the terrible issue of suicide in Colorado and our hope that Senate Bill 16-147 can help.

I want to share some personal experiences with this issue. My town of Fort Collins lost thirteen children last year. Four were suicides. Four…over 30% if you want simple statistics. We don’t know all the causes, but we certainly know the tragedies our families were left with.

Military suicides are something I became familiar with 26 years service in the Army and then the Air Force. For twelve years I was a hospital administrator. Marvin, one of the officers who nominated me for my commission, faced demons he felt could only be driven away by ending his life. I flew medevac for several years with Diane, a flight nurse. I have a happy memory of her rushing from work to attend my wedding, without time to change from her hospital scrubs. I have been to her parent’s Massachusetts home only twice…each time for the funeral of one of her brothers, both of whom ended their lives while on active duty.

Military and veterans’ suicides. I can speak for the accumulation of life’s burdens in the military…extremely difficult technical and physical training, frequent deployments, injuries, career disappointments, loss of friends, family strife, relocations, financial stress. And then there’s all those people bombing and shooting at you. Life’s tough. We have an evolving understanding that it takes a warrior to call in help. I wish more warriors would reach out, but we see an average of one veteran’s suicide per hour, each and every day. 8000 a year, almost an Army division. Last year in our county, the 80 adults who ended their lives were 3.8% of all adult deaths, but remember what I said about the children…30% of all children’s deaths were by their own hand.

Senate Bills won’t solve everything but, along with recent action in the US Senate, they’ll help. I join Colorado’s 450,000 veterans in urging unanimous approval of Senate Bill 16-147. Thank you, Mr. Chairman.