VICTORY FOR GOLD STAR SPOUSES!

AMENDMENT E APPROVED BY 88% OF COLORADO VOTERS!

In a sweeping victory for the United Veterans of Colorado and Gold Star Spouses, voters approved amending the Colorado Constitution Article X Section 3.5 to extend the partial property tax exemption to Gold Star Spouses.

 Several years of efforts, of resolutions passed by the American Legion, leadership of the UVC and patience of the Gold Star spouses themselves, all finally came to the best possible resolution – not only passed as required with 55% of the voters approving, but by an overwhelming 88%.

C-123 Veterans Association Joins Colorado's United Veterans Coalition

To better support state and federal veterans' issues, The C-123 Veterans Association has affiliated with Colorado's United Veterans Coalition (UVC.) UVC is the single most effective voice for over 350,000 veterans in Colorado. It brings together the VA and nearly every interested organization and political entity in the state.

RADM Dick Young USNR (Ret.) was elected president last week. UVC will celebrate is annual banquet on June 27 and tickets are still available.

Very kind article from the National Veterans Legal Services Project

The National Veterans Legal Services Project (NVLSP) is a wonderful organization dedicated to America's veterans and our families. They just did a nice "puff" piece and video on me. NVLSP and its co-directors are acknowledged by the entire veteran community as instrumental in forcing VA to honor many commitments to veterans.

From military sexual trauma, immunizations, toxic exposures, unfair discharges, and many other causes have found NVLSP and its volunteer attorneys, law school veterans law clinics, and associated law firms to be powerful allies. Always pro bono.

    

In my own experience, NVLSP and Bart Stitchman brought their expertise, as well as that of the Yale School of Law, into the fray our C-123 Veterans Association was having as we fought for Agent Orange exposure care and benefits from the VA. It took some years, but success was sweet, indeed, when Bob McDonald signed the regulation (38 U.S.C.§ 3.307(a)(6)(v) (the "C-123 Rule") for us on June 18, 2015.
 
NVLSP has never charged veteran clients for their service or even expenses. For example, they saved our C-123 Association over $75,000 just on fighting for FOIA responses, something the Air Force didn't seem eager to release.

NVSLP and Perkins Coie have represented us pro bono before the US District Court in Washington, successes that were noted by the Federal Bar Association in 2018, and at the USAF Board for Correction of Military Records. Bart and his colleagues are top-rated for their proper use of donations. NVLSP is one of the Combined Federal Campaign agencies. I encourage all veterans to consider helping other vets by donating here.

What we ask of UVC: Inclusion of Gold Star Wives in the state legislative agenda

 It is so simple.

 I hope that the United Veterans Coalition adopts the same simple resolution of support from 2016 for Gold Star Wives property tax exemption that UVC advocated in 2016, but with specificity as to active duty military survivors:

"Provide property tax exemption for surviving spouses of active-duty military line-of-duty deaths, similar to current exemption for seniors and 100% disabled veterans and their survivors. 

Gold Star Wives discussions continue at the Colorado National Guard Association

 

Update on Timing, United Veterans Coalition and More:

TIMING IS EVERYTHING

Today I've had some very welcome input from "those in the know" about a Gold Star Wives property tax
exemption efforts, and want to post it here.

First, neither United Veterans Coalition of Colorado nor Gold Star Wives is seeking action on such issues for 2021, and that's ideal because some groundwork is needed this year. There is no possibility of resolution until 2022 and more likely, not until 2023. There are many veterans issues on this year's schedule and it is vital to set priorities.

I'll continue efforts to contact UVC committee chairs about how they'd suggest moving forward. This kind of property tax relief is not on the list of UVC legislative objectives. UVC does have, however, the objective of legislation adding veterans with permanent and total individual "unemployability" (my thoughts) to the benefit. I like legislation rather than constitutional amendment, but certainly feel the priority should rest with action helping survivors as soon as politics and economics permit.

Here's UVC's state legislative objective. Note Item 7, which reads:

7. Support legislation to add ‘Individually Unemployable’ veterans (as defined by U.S.C.Title 38) to the Homestead Act property tax exemption

Progress. Notes – April 16, 2021

 I have to admit, progress thus far is fairly disappointing. Mailings and phone calls for two weeks to politicians, associations, veterans, the media and everyone else I could think of have had a single response. Senator Ginia's staffer called to ask a couple questions to decide whether she'd brief her boss.

On Monday I have a Zoom call with the Governor and the Lieutenant Governor's chiefs of staff. I have questions aplenty, but don't know what their perspective is. Last year it was all about, "Nice, Wes. We'd like to offer widows the exemption but where's the money to come from?"

Here's an issue nobody in the Capitol would vote against, and we can't get traction. At age 75 and with various attention-grabbing health issues, I sure hope some champion will leap out in front of this project to take it on.

The honor nobody wants!

 

Veterans need to very carefully read DMVA Property Tax Exemption & UNEMPLOYABILITY web page. Have fun figuring out what they mean!

Carefully read this DMVA web page on the property tax exemption and Individual UNEMPLOYABILITY.

"Unacceptability?"  Individual unACCEPTABILITY? Did DMVA perhaps have a little typo and actually mean unEMPLOYABILITY???

Has a solution arrived for Colorado's Disabled Veteran Property Exemption?

One of the staff at the Department of Military and Veterans Affairs described their view on disabled veterans rated totally and permanently disabled per unemployability...  TDIU:

"The Department goes above and beyond this language by reaching beyond the CFR 4.1 “rating” definition to include “permanent total disability veterans, even though their numerical rating may be lower than 100% as specifically called out in the Colorado Constitution and the original referendum."

WAIT A SECOND:  That's exactly what a totally and permanently disabled for unemployability (TDIU) VA disability rating can be described as. Yet, 100% of such claims are disqualified by DMVA.

Let's look at a federal VA award letter for TDIU to see if all elements required by DMVA are there:

House Bill 16-1444 Passes Colorado Legislature Unanimously - Governor signs May 27

Thanks to the efforts of state Senator Keffalas and his colleagues, the conflict between Article X Section 3.5 of the Colorado constitution and its enabling legislation will be resolved tomorrow when the Governor signs House Bill 16-1444.

The constitution provided a modest property tax exemption to both VA 100% disabled veterans and military retired 100% disabled servicemembers. BUT...someone writing the subsequent legislation forgot the military and only specified VA, denying hundreds of retired totally disabled servicemembers the exemption guaranteed by the constitution.

WOW...it only took three months from mentioning the problem to Senator Keffalas, getting the support of the United Veterans Committee, and even the state Division of Military and Veterans Affairs, and the correction simply sailed through both houses without a dissenting vote.

So...one problem solved, and next we move on to the shameful discrimination suffered by Colorado's war widows and widowers, who are denied the property tax exemption afforded disabled veterans' survivors.

Why the exclusion of war widows and widowers? Because the constitution only provides the property tax exemption to those whose veteran husband/wife was in receipt of the exemption before the veteran's death. Logically, a soldier who dies in a roadside bomb or hostile artillery fire doesn't make it home to complete Colorado's application, but illogically, his/her survivor is denied the property tax exemption.

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

Return to list of bills

Send an email to your legislator

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:

Gold Star Wives Day, April 5 2016. A resolution of the United States Senate

April 5, 2016

Gold Star Wives Day

by resolution of the

United States Senate

Families of Troops Killed in Line-of-Duty – Denied Surviving Spouse Disabled Veteran Property Tax Exemption

If a disabled vet isn't already in receipt if the property tax exemption, the survivor is forever forbidden this important benefit. The system is set up so that widows and widowers of troops killed in the line-of duty will never get the benefit. (click for Gold Star Families' blog on this)

How does Colorado keep troops'' widows from receiving the Disabled Veteran Property Tax Exemption?

Colorado's "PROPERTY TAX EXEMPTION FOR THE SURVIVING SPOUSE OF A PREVIOUSLY QUALIFIED DISABLED VETERAN" form explains that the widow or widower of a totally and permanently 100% service-connected veteran:

"The veteran to whom the applicant was married must have applied for and been granted the disabled veterans property tax exemption as provided by § 39-3-203(1.5)(a), C.R.S., prior to his or her death" (Colorado CMDVA Form 15-DPT-AR DV-002-07/14) 

Very clearly, CMDVA's form discourages widows from applying unless the veteran was already receiving Colorado's disabled veteran property tax exemption. This is even though no prohibition can be found in the constitution or the state's laws as regards the veteran's receipt before death.

Other confusing barriers pop up to frustrate Colorado's most disabled veterans and their survivors. Colorado's constitution spells out the exemption's qualification requirements, but as this blog has carefully detailed, legislation enacted in 2007 to accommodate Referendum E (which became Article X Section 3.5 of the constitution) didn't properly address two vital provisions in the constitution:

(1) HB07-1251 left out the constitution's provision for totally disabled military retirees, and (2)  the Division of Military Affairs added somehow a barrier to VA's Permanent and Total Individual Unemployability (TDIU.)

Vets who've been around the block with the US Department of Veterans Affairs will tell anyone asking how slow the VA is in making its disability awards. Even the simplist 100% disability rating can take years following the initial injury while on duty. Following the Gulf War, this writer was retired by the Air Force with a permanent and total 100% service connected disability military retirement effective in 1996, yet the VA 100% service connected rating didn't follow until 2015! Thus, Colorado denied its tax exemption even though the constitution clearly provides for it. Further, Colorado refused to recognize the VA's TDIU rating dating from 1998,

Were I to have died from my Gulf War injuries or at any time from 1991 until my VA rating came through in 2015, my widow would be forever denied the exemption regardless of my clear eligibility.

Colorado has been doing this to hundreds of disabled veterans' widows and widowers (Gold Star families) since 2007 when HB07-1251 was signed by the governor. For nine years, we have refused the tax exemption to survivors whose veterans were qualified by military disability retirements or TDIU VA disability ratings. Colorado also refuses it to active duty personnel who die in service because, obviously, they never were able to apply for the exemption and thus, their widows are refused.

Does this make sense, after reading the Blue Book's comprehensive description of the goal for Referendum E, or does it make sense after reading Article X Section 3.5 of the constitution? The answer should be no. CMDVA's interpretation of the statute, even though it seems in step with the constitution, has drifted far from what the electorate approved by a 78% margin in the 2006 election.

Until a more compassionate program is established, this year's' military widows will join the ranks of those between 2007 and 2016 in being refused this vital, well-earned benefit.