Gold Star Wives' Property Tax Exemption: Our goal is UVC support for enactment in 2022!

 

Leave a buddy behind? Never! Leave his widow behind? GOD FORGIVE US, because we've done so in Colorado!

I WILL NEVER LEAVE A

FALLEN COMRADE TO FALL INTO THE HANDS OF THE ENEMY. 

That's a standard first set by Rogers' Rangers in 1756 and a formal part of today's Ranger Creed. It is perfectly understood by every American soldier, sailor, airman and Marine:

 "I’m not going to leave my buddy on the battlefield if he’s wounded, I’m going to try not to leave him on the battlefield if he’s dead.”

I know that if I fall in battle, all of America's military might is there to get me out. And just as understood, never do we leave our buddy’s spouse behind. For my buddy's family will always come before my own.

I know that my deceased crew mates Larry, Ed, Mattie, the Gif, Gabby, Bob, Arch, Turcotte, Paul, Fred, Bill, Aaron, Ski, Gail, Maylene – they knew we got flight pay and hostile fire pay because of the risks we signed on for. Also, they all knew we would never abandon their loved ones. I know all two million now in uniform plus every veteran, was there to protect my wife and kids if I hadn’t made it back to base. At least, that's the case everywhere in the US, except that in Colorado it has been a hard sell. 

Here in the great mile-high Centennial State, we've dropped the ball when it comes to Gold Star Spouses, survivors of troops who die on active duty. We protect our disabled veterans' survivors as is right and proper, but we've excluded every one of the 150 surviving spouses of an active-duty death from eligibility under Colorado's Disabled Veteran Survivor Property Tax Exemption.

As an old soldier I find this abhorrent and a dishonorable state action in the extreme. We've left our buddy's spouse behind and there's just no excuse. Certainly, none that a fallen troop, a soldier husband or soldier wife, would accept!

We let this happen through oversight about legislation that created the disabled veterans' spouses' exemption in 2006 and 2014. In doing so legislators specifically used language to disquality around 150 Gold Star Spouses:

."..the surviving spouse of a disabled veteran who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection (1)"

See our problem? A widow qualifies only as the survivor of a veteran who was already getting the exemption, language making it impossible for the widow of an active military line-of-duty death to be included. In an old movie and an older, very insightful book this was called "Catch-22." 

I've never seen a worse or more gruesome Catch-22! Let's get the United Veterans Coalition and every state legislator behind the correction.UVC, let’s correct this by 2022!

The Colorado Legislature just passed another resolution "honoring" Gold Star Spouses. Wasn't that nice?

Yes, it was nice of the legislature, but Colorado certainly did it on the cheap! 

Our legislature once again has published a joint resolution (above) "honoring" survivors of Colorado's soldiers, sailors, airmen and Marines who died on active duty, often in combat, always in service to state and nation. A Gold Star Wife (sometimes the word "spouse" is used) has lost their spouse while on active military duty. The Gold Star Wives is an organization nobody wants to join - the cost in pain and suffering is just too high!

Clearly, it is an empty vessel. Nice words, quality paper, good typing and warmly appreciated by the widows, but completely useless in helping widows of Colorado's war dead address the financial impact of their loved ones' s death while on active military duty.

But nothing more substantial than a resolution with a budget impact of three sheets of paper. Nothing else. No benefits extended by a tight-fisted legislature during times when both government and the governed find themselves stretched financially.

The issue here is that for yet another year, our legislature had opted not to permit Gold Star Wives to receive the same small partial property tax exemption provided to survivors of 100% disabled veterans. How is this done?

In 2006 voters approved Resolution E and offered Colorado's veterans with a 100% VA disability a modest property tax exemption. Merely exempting $100,000 of the first $200,000 assessed valuation. Saves between $459-$600 – not much but it helps when trying to get by on the small VA widow's pension.

The benefit is only extended to the survivor of a disabled veteran already in receipt of the property tax exemption at the time of death. So, what about a widows of a troop killed in combat? Yup - there's the problem. A soldier dying in combat is obviously totally disabled by death but will never "be in receipt of the exemption at the time of death," as required by Article X Section 3.5 of the state constitution.

Veteran-Directed Home & Community Based Services (VD-HCBS) - home care for veteans

VD-HCBS

This program uses VA funds to help elderly or disabled Vets remain home with loved ones instead of needing nursing home care

•  WHAT? VA HELPs VETERANS AVOID NURSING HOMES AND LIVE INDEPENDENTLY!

•  REQUIREMENTS: ONLY A NEED FOR THE PROGRAM & AN HONORABLE DISCHARGE

INTRODUCTION

Here in Colorado, this terrific program is currently available to only to Veterans living in these counties: City and County of Denver, Adams, Arapahoe, Clear Creek, Douglas, Gilpin and Jefferson, and the City and County of Broomfield. Colorado's other 56 counties must do without because administrators in VA's Rocky Mountain Healthcare System opted not to provide this valuable Veterans benefit. Why? You'd have to ask them...I've had no success finding out why.

Veterans Health Administration (VHA) launched Veteran-Directed Home & Community Based Services (VD-HCBS) in 2008 to help Veterans with disabilities of all ages and their families pay for needed services in their own homes and communities. VD-HCBS is an exciting and comprehensive VA program, open to all Veterans where the program is offered, regardless of service-connection disabilities or income.

VD-HCBS delivers home and community-based long-term service and support, giving Veterans more choices and control over nearly all types of care they receive in their homes and communities. This program combines the hands-on experience and skills of local medical and service providers with the VA’s extensive resources to provide additional opportunities to avoid nursing home placement and stay independent in your own home.

Under the VD-HCBS Program, Veterans (or their caregivers) manage their own flexible VA-provided spending budgets, hire and supervise their own workers, including family or friends, and purchase what’s needed to live independently. The key point again: VA gives the Veteran a budget to pay for this!

Thousands of Veterans in 34 states have already signed up with VD-HCBS, including the elderly, and younger, severely injured Veterans of Operation Iraqi Freedom, Operation Enduring Freedom and Operation New Dawn. The keys to this program are an Honorable Discharge, the need for it, and availability of VD-HCBS where you live.

A Veteran in the VD-HCBS Program is supported by: a VA program coordinator to oversee quality, satisfaction and service delivery; a person-centered counselor from an Area Agency on Aging (AAA), Aging & Disability Resource Center (ADRC) or Center for Independent Living to assist in finding and/or training workers caring for the Veteran’s needs.

ENROLLED VETERANS:

• Receive a comprehensive assessment and care planning assistance

• Decide for themselves what mix of goods and services will best meet their needs
• Manage a budget. VA fund are used by the Veteran to remain independent at home

• Hire and supervise their own workers, including family or friends

• Get financial management and support services

• Use traditional service providers, or a contractor or palliative care to coordinate

      TARGETED VETERANS IN VD-HCBS
All honorably discharged Veterans enrolled in a system offering it are eligible to participate in the VD-HCBS program when the Veteran is “in need of nursing home care” and interested in self-directed care. The determination of whether a Veteran is “in need of nursing home care” is made by the VAMC.
The VD-HCBS Program is targeted to Veterans whose home care needs exceed the average number of hours generally available through the Homemaker/Home Health Aide (H/HHA) Program. (If the need is more modest than VA-HCBS requirements and if the Veteran is service-connected, ask about this homemaker support.)
To be considered for the more comprehensive VA-HCBS, a Veteran usually would have/be:
•     Three or more activities of daily living (ADL) dependencies

      •     Significant cognitive impairments
•      Receiving hospice or palliative care

      •    Two ADL dependencies and two or more of the following:

  o   3 or more instrumental activities of daily living (IADL) dependencies
  o   Recently discharged from a nursing facility
  o   75 years old or greater
  o   3 hospitalizations or 12 outpatient clinics or emergency evaluations
  o   Clinically depressed
  o   Lives alone

IS VD-HCBS FOR YOU?
Do you want the control and flexibility to live more independently by choosing how and when you purchase your goods or services? Can you or a trusted person be responsible for recruiting, hiring, and dismissing your workers and services providers? If so, the VD-HCBS Program might be for you!

Interested? See your VA social worker or email veterandirected@acl.hhs.gov

Unanimous vote moves disabled veteran property tax legislation forward in Colorado legislature

IT WAS UNANIMOUS!

Yesterday after the two hour wait for a previous bill to be defeated, the Colorado House Committee on Military and Veterans Affairs approved House bill 16 – 1444. And the vote was all in favor of the proposed legislation.

Our thanks are due to Committee Chair Sue Ryden who not only sponsored the legislation but testified on its behalf as did Representative Terri Carver (Colonel, USAF, Ret.)  And also to the outstanding leg work done by the United Veterans Committee of Colorado, Senator John Kefalas, and other leaders behind this issue.

Next up? The House Appropriations Committee, to address the modest cost of bringing the laws of Colorado into alignment with our state's Constitution Article 10, Section 3.5.

Things are happening...our bill is now before the Colorado House Veterans Committee

Fix HB6-1251 to match the constitution's Article X Section 3.5

In his effort to align the constitution with legislation, Colorado's state senator for Fort Collins has a "late bill" now being worked on in Denver. It was a miracle that, so late in the Legislature's crowded final thirty days, this issue still got attention from leaders in both parties and both chambers.

Senator John Kefalas crafted the bill and with bipartisan support now has it before the House Veterans Affairs Committee, and in the Senate awaiting committee assignment.

Bill Detail: HB16-1444

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Title	Definition Qualifying Disabled Veteran Prop Tax
Status	Introduced In House - Assigned to State, Veterans, & Military Affairs (04/15/2016)
House Sponsors	S. Ryden (D) T. Carver (R)
Senate Sponsors	J. Kefalas (D) L. Garcia (D)
House Committee	State, Veterans, & Military Affairs
Senate Committee
Date Introduced	04/15/2016
Description	The bill aligns the statutory definition of qualifying disabled veteran, as it relates to a property tax exemption for qualifying seniors and disabled veterans, with the language established in section 3.5 of article X of the Colorado constitution.
Amendments out of Committee	None
Link to Full Text	Full Text of Bill
Link to Bill Versions	Bill Versions
Link to Fiscal Notes
Link to History	History
Link to Lobbyists	(no lobbyist data)
Link to Audio	[This feature is available by subscription.]
Votes	House and Senate Votes
Vote Totals	Vote Totals by Party
Profile:

Briefing Package – Problems with Colorado's Disabled Veteran Property Tax Exemption, & Recommended Solutions

Background & source documents

We have summed up the issues with HB07-1251, Referendum E, and Article X Section 3.5 of the Colorado Constitution...CLICK to download the complete briefing packet.

Also quite informative is the legislative history for HB07-1251. CLICK to download that 33-page resource.