SAMPLE MESSGE TO COLORADO STATE LEGISLATORS FOR GOLD STAR WIVES' PROPERTY TAX EXEMPTION

Colorado residents, there's a sample letter or email below that you should send your state senator or representative (around the end of June is the best time) as we fight to get the same property tax relief for Gold Star Wives as Colorado gives survivors of disabled veterans. 

Here are the names of Colorado's 35 senators and state's 65 representatives.

"In the spirit of the Assembly of the State of Colorado Senate Joint Resolution 21-010s, issued April 5, 2021 in honor of Gold Star Families, I strongly urge in 2022 much more substantive respect be shown Gold Star Wives with your support of 150 survivors whose spouses died on active military service.

As the needs of Colorado and its citizens form the 2022 legislative agenda, please support their inclusion in the Disabled Veteran Survivor Property Tax Exemption. The only reason they are denied the benefit is that their spouses died on active military service.  Only the line-of-duty death of their military spouse disqualifies Gold Star Wives from the same modest state benefit extended to survivors of our totally disabled veterans.

Language in Article X Section 3.5 (1)(b) of the Colorado Constitution provides for survivors of totally disabled veterans and of the Senior Homestead Exemption. Illogically, the phrasing completely disqualifies survivors whose active-duty military spouses lost on active duty. Article X Section 3.5 (1)(b) reads, in part: 

 (b) The owner-occupier is the spouse or surviving spouse of an owner-occupier who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection

 

In 2014, HB 14-1373 dealt more directly with homesteaders' survivors, providing for "the surviving spouse who takes possession of the qualifying residence of a deceased."  Again, active duty troops' survivors were disqualified unless the family owned a Colorado home when the military spouse died – most military families, especially the young and junior ranks, do not own homes. Personal income and the frequent necessity of their transfers often makes home ownership illogical except as they near retirement. 

The language of HB 14-1373 also worked against the hopes of survivors stationed out of Colorado but hope to return or establish residence here. 

Colorado denies the exemption to survivors of active-duty military because their spouses died. Those servicemembers will never come home as disabled veterans, alive to be "previously qualified" for the exemption for which they never had the chance to apply. 

They died instead of being injured. Benefit denied the surviving spouse.  This is a too-gruesome "Catch-22".

It is also an illogical distinction between active duty troops' survivors and veterans' survivors. Perhaps our legislators did not intend to disqualify military survivors, but did they overlook the fact that not every soldier, sailor, airman or Marine will be coming home alive? Did they overlook the fact that America has been at war for the last two decades?

LSC estimates a total only 150 widows and widowers, survivors of active duty servicemembers. The state's homestead exemption benefits over a quarter million Colorado homeowners and their survivors. 

Gold Star Wives are just 0.0006% of that population. LCS says coverage for them would under $100,000 with negligible administrative overhead. Hardly an insurmountable hurdle for Colorado!

Perhaps today's wiser Legislature needs to include the death of an active-duty servicemember in its definition of "disabled veteran."

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!

Can a deceased active duty soldier be defined as a "totally disabled veteran" for his/her Colorado survivors' benefits?

Wouldn't that be wonderful! And – maybe – easy also?

Because our state restricts survivor benefits to those whose veterans were already in receipt of the exemption at the time of death, we lock out from all such benefits survivors of troops who die on active duty. Perhaps we can use the existing language of the law. 

Perhaps, only changing the interpretation or definition of the words "totally disabled veteran already in receipt of the exemption" to something like "or active duty death considered to be 'totally disabled and already in receipt of the exemption."

 

SITREP 24 Apr 2021: Stalled??

Stalled? Well, certainly not much interest, although everyone'a so polite. After all, how can anyone not be compassionate towards Gold Star Wives?  What about the argument "Equal taxes for Gold Star Wives?" Does it just fall flat?

Well, too often there's only mild concern about this problem with Colorado's Gold Star Wives' property tax issue. In six years I've had conversations with United Veterans Collation, chiefs of staff in Denver, legislative assistants and others. I've sent out over 500 emails with but two or three responses, including a very nice one recently from Senator Joann Ginal's staff here in Fort Collins. 

Perhaps this will be something our local senator will get behind, for which I'm grateful even for her briefest consideration of the issue. From her colleagues, from other directions, other places. Nothing.

Nothing.

"Not my problem, but perhaps you could talk to your legislator." 

"We can't do anything on survivors' benefits. That's (fill in the blank) responsibility." "Maybe next year."

"We need all possible questions answered before we can possibly discuss this." (BTW, I'm 75 years old, quite ill, sucking oxygen, worried about whether my cancer is gone, homebound and I've only got a few thousand dollars budgeted to throw at the issue. It isn't like I'm able to do this myself: Rather, I pretty much expected responsible public servants and veterans advocates to see a problem when laid out before them and discuss how it can be resolved. Yeah, right. 

Since 2016 when I first brought this to the attention of UVC, there's been ZIP, zero, nada, nothing. I thought the issue of Colorado making Gold Star Wives pay more property taxes than survivors of Colorado's 100% disabled veterans would strike many Coloradans as wrong to the core. Nope.

League of Women Voters, University Women clubs, veterans organizations, DMVA, DOLA, other state agencies – almost universally no response at all. The folks I was to speak with are disappointed to learn that Gold Star Wives whose spouses died on active duty are denied the same partial property tax exemption. granted survivors of totally disabled veterans. They're somewhat taken aback. Saddened, a little. Disbelieving that the state would do that to military widows. Disappointed.

Disappointed, but not pained enough by this gruesome distinction between the two types of military widows that anyone seems to be willing to do anything. Other issues crowd Colorado's United Veterans Coalition state legislative agenda for 2021, just as they have in 2016, 2017, 2018, 2019, and 2020. The other issues are important, of course, but so is unjust taxation of active duty widows. 

I'm puzzled: How could UVC have a (very worthy!) goal of property tax relief VA Total Disability for Individual Unemployability (TDIU) disabled veterans (wonderful – a goal I've also advocated directly and thru the UVC since 2015!) but not Gold Star Wives? Logically, conscious state leaders would balk at tens of thousands of TDIU claimants, but not at under a thousand Gold Star Wives. Logically, both issues are so tied to the same Article X Section 3.5 that they both should have been legislative objectives, either jointly or as separate issues.

I need to remind myself of Ecclesiastes 9:10: “Whatsoever thy hand findeth to do, do it." Sounds reasonable...just keep doing it as best we can.

with thy might.”I'm amazed, because this is an issue guaranteed to get a virtually unanimous vote if it could ever reach our legislators. After all, imagine the news photo of the very few politicians who would raise their hands in opposition to legislation permitting Gold Star widows the same property tax exemption granted survivors of totally disabled veterans.

There are so few Gold Star Wives. Especially few are the Gold Star Wives whose spouses died on active duty. The best guess is Colorado has fewer than one thousand men and women survivors of troops lost on active duty. The number pales against the numbers receiving the Homestead Exemption – the total disabled veterans and survivors are only 2% of the general homestead exemption category, and active duty widows/widowers a terribly smaller percentage of that.

Here's the sum of a couple thousand dollars spent trying to get some action and six years of writing, calling, visiting, emailing and glad-handing:
1. A single state senator's staff called me once and emailed me twice, and is still looking at this
2. A Zoom meeting on April 19 2021 to explain what I had on my mind, but "where is the money to come from" and "what legislators are behind this" and "we can't say anything until we see some legislation." So much for my hope of leadership from the Governor or Lieutenant Governor. It isn't that they are supposed to help, but it would help, Help a lot. I expected a genuine "that's terrible, and must be fixed because by God we don't treat war widows that way."
It never came. Instead, "thanks for your input, good bye." If there was help to be offered, or even mild encouragement, not that day. Nor any other day.
3. Two emails came back from folks directing the UVC state legislative effort. They explained GSW was represented in the coalition. It was good learn that CSW could submit the issue for next year's legislative objectives and that is was seemed "reasonable." Indeed. I thought UVC was the best place to turn for action. That's what I thought last month. That's what I thought six years ago.
4. I received an email from a wonderful state Gold Star Wife explaining that their organization is sensitive to Colorado's budget issues during 2020 and 2021, and they don't want to add to the tax burden of their fellow citizens. They are also grateful to the Colorado National Guard and feel survivors of Guard members killed on active state or federal service should be included in any property tax exemption.
They feel next year or 2023 might be a more appropriate time to seek action. I have to admire their patience and self-sacrifice, not only as Gold Star Wives but in the great caution they take to avoid a state budget impact. Willing to let my family have the small property tax exemption that rightfully should have gone to them as the first priority of the government and citizens of Colorado.

GOLD STAR WIVES POSTER - COLORADO PROPERTY TAX EXEMPTION

 

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.

Colorado’s Disabled Veterans’ Property Tax Exemption – The “Missing in Action” Law

by Wes Carter, National Chairperson, The C-123 Veterans Association

It’s hard to believe. Over this last decade state officials simply ignored property tax provisions spelled out in Colorado’s constitution to provide a small exemption to totally disabled troops retired by the military for line-of-duty injuries. It’s like the law simply went missing in action.

Back in 2006 voters amended our constitution, approving by a four-to-one margin to provide a small, partial property tax exemption. Only about $480 on average, the exemption is for two categories of injured servicemembers: Troops retired by the military as totally and permanently, and second, veterans rated 100% totally and permanently disabled by the Department of Veterans Affairs. 

Referendum E carefully addressed both of the above categories because there are three differences between them:
1. Not all disabled military retirees also seek a VA disability rating – ratings must be applied for
2. Although based on similar laws, often military retirees face years of delays with claims and appeals to receive VA ratings, but military disability retirements are effective immediately upon leaving active duty
3. The military views a disability as medically unable, through line-of-duty illness or injury, to perform one's military specialty or be retrained in another; VA views disability as the percentage of loss of capacity to work in meaningful employment, somewhat similar to Social Security disability rules

(real example: Northern Colorado resident Vietnam-era veteran medically retired as 100% by the military in 1991 because of Gulf War injuries. Filed VA claims for numerous 100% disabling injuries and Agent Orange illnesses in 1992-1994 but not finally approved for 100% VA disability rating until 2015. Per our constitution's Article X Section 3.5, this veteran was eligible for Colorado's disabled veteran tax exemption in 2007. As of December 2017, still no state web site instructions or forms permit his application because only federal VA 100% disability ratings are mentioned, not his 100% military medical retirement.)

Problem: Through an oversight when the 2007 statute was drafted, the category of totally disabled military retirees was simply not mentioned…language about them is in the constitution, but was absent from the text of the law.

In 2015 concerned citizens discovered this missing language issue and asked the legislature to align the constitution with the statute. Both houses approved HB-1444 unanimously and it was signed into law in May 2016.

And it has been simply ignored since then.

Here's the law describing the partial tax exemption. The bold type was left out of the enabling statute:

Colorado 39-3-202C.R.S.

 “(3.5) ‘Qualifying disabled veteran’ means an individual who has served on active duty in the United States armed forces, including a member of the Colorado National Guard who has been ordered into the active military service of the United States, has been separated therefrom under honorable conditions, and has established a service-connected disability that has been rated by the federal department of veterans affairs as one hundred percent permanent disability through disability retirement benefits pursuant to a law or regulation administered by the department, the United States departments of homeland security, Army, Navy, or Air Force.”

May 2016. Governor signs HB16-1444. I'm on right.

Now the statute has been repaired, the missing words added to comply with the constitution. However, there's a problem with the way the law finally gets administered: Colorado officials simply haven't gotten around to its section addressing totally and permanently disabled military retirees so they’re still denied their property tax exemption. Officials never changed the application forms, the rules or the instructions.

The governor signed HB16-1444, an act unanimously approved by both houses of the legislature in May 2016 and placed those missing words from the constitution into the law, effective June 2016. His signature has been ignored, and without any constitutional or legal authority at all, totally disabled military retirees continue to be taxed and their rights abused.

When I've discussed this taxation disconnect with officials there's no disagreement about the problem. They just don’t see ignoring it as a big deal.

This is a big deal! The constitution expresses people’s will. Officials from the governor on down have sworn to protect and defend it. A constitutional provision like this can’t simply be ignored. You may recall that in 1776 unfair taxation led to some disagreement between England and her American colonies. 

Now that this problem has been pointed out to state officials, they’ve indicated rules and application forms might be set right by January 2018. But that’s so very late, especially considering the constitution provided their exemption effective ten years ago.

Few Coloradoans tolerate being wrongfully taxed. We owe these veterans so much more than this small tax exemption they’ve earned through disabling line-of-duty injuries. Colorado has no excuse for failing to provide it.

These veterans have been patient long enough. The constitution has been ignored long enough.

A Message from Bob McDonald, Secretary of Veterans Affairs on the 50th Anniversary of the Vietnam War

A Message from Bob McDonald, Secretary of Veterans Affairs:

Our nation is currently commemorating the 50th anniversary of the Vietnam War, a long overdue opportunity to honor our 7.2 million living Vietnam Veterans and the 9 million families of those of us who served from November 1, 1955, to May 15, 1975. The Department of Veterans Affairs and more than 9,000 local, state and national organizations have joined the Department of Defense as Commemorative Partners in this important commemoration. 

For us, this partnership holds special significance in light of our mission to serve those who “shall have borne the battle,” their families and their survivors. Embracing our Vietnam Veterans and their families is in keeping with the intent and spirit of our MyVA transformation, focusing on our customers and improving their experience with the VA. 

Please take advantage of the opportunity this commemoration presents to express your gratitude for the service and sacrifice of this generation of American Servicemembers. Thank a Vietnam Veteran and welcome them home!