Today - Spoke to the United Veterans Committee

Thanks to kind and skillful editing by Bill Hanna, we circulated a single-page flyer touching on the basics of Colorado's difficulty to generously administer the Constitution's Article X Section 3.5 for disabled veterans property tax exemption.

Further, we even met with two C-123 Ranch Hand veterans plus a VA lady whose husband is one of our post-Vietnam veterans and his Agent Orange claim has sailed through just fine! That unexpected piece of good news is a blessing for my entire week!

We can only hope enough veterans and our advocates raise the question – why isn't the Colorado Constitution faithfully followed in this important area?

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.

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)

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

(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" )

 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

The "Unemployability" TDIU estriction on Disabled Veteran Property Tax Exemption, Overturning Voters' Constitutional Amendment

Wording on Colorado counties' disabled veteran property tax exemption forms:

The 2007 enabling legislation forces CMDVA to a somewhat restricted eligibility compared to the broader constitution's provisions::

"An individual who sustained a service-connected disability that has been rated by the U.S. Department of Veterans Affairs as 100% “permanent and total.” VA unemployability awards do not meet the requirement for determining an applicant’s eligibility."

Readers will please note that the word "unemployability" appears only on county forms and various state brochures describing the disabled veteran property tax program: nowhere does that exclusion exist in the law! It was simply added by CDMVA acting on legislative input.