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."

 

Colorado Owes Our Gold Star Widows the Property Tax Exemption Given Disabled Veterans' Widows

 

Gold Star Wives Poster - Disabled Veteran Property Tax Exemption

Correct! It seems our state legislature simply didn't contemplate the possibility of Colorado soldiers, sailors, airmen and Marines dying on active duty. That's why Colorado seem to have forgotten to offer our Gold Star Wives the same widows' benefits as we provide to survivors of totally disabled veterans.

That's unjust and plain WRONG! But not a single widow of an active duty service member is permitted the Colorado Disabled Veteran's Survivor Property Tax Exemption, a small exemption saving widows between $400-$600 a year.

Why? Our state constitution's Article X Section 3.5 permits the exemption only to widows of disabled veterans already in receipt of the benefit. Dying on Active Duty means not being able to complete the application process – because the service member died first!

This is Really an Amazing and Ridiculous Catch-22!

Why is the small property tax exemption of value to Gold Star Wives?

First, it shows the state's respect and appreciation for the loss borne by these widows and widowers. The partial tax exemption would only save about $400 to $600. It would seem a minor issue to most of us. 

But look at this from a Gold Star Widow's perspective. Circumstances vary, but if eligible widows can receive half of the service member's base pay. More than half of all military deaths are E-5 and below. An Army E-5 three-stripe sergeant would have a widow pension of under $2,000 per month.

The VA has "Dependents Indemnity Compensation," where if eligible a survivor might receive $1,300 per month. So, at best, our late sergeant's widow (or widower) hopes for a modest $39,000 per year.

How far does that go? In Colorado, the average home mortgage cost is $1,700 per month, and with typical associated costs like taxes, insurance, utilities and maintenance, a monthly cost of over $2,400 or $28,000 annually. You can do the math – that leaves $916 per month for food, transportation, insurance, clothing. 

Summary: Colorado Life did a thorough report on the money necessary to live in Colorado one needs $4,317.68 per month to live in Colorado if there is a mortgage involved. Oops – that leaves our widow short by over $12,000 per year. That's why the paltry $400-$600 partial property tax exemption is important. 

The burden of property tax is a huge reason so many citizens can never afford a home, and that's even more true for military folks. That's why so few junior military own homes at the time of death and why so few widows are affected by this proposed tax exemption.

For me, I wish it was a total tax exemption as many states provide! The survivor of a service member who dies on active duty obviously have to make many, many compromises to live on $12,000 less per year than what "average" citizens need.

I think I'll do a poster based on the graphic above, but try to get the word count reduced.

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.

MORE GOOD NEWS: CHEYENNE VAMC TO WORK ON EXPANDING VETERAN-DIRECTED HOME & COMMUNITY HEALTH SERVICE

Today brought a most welcome phone call from Cheyenne! Veteran-Directed Home & Community-Based Services is poised to expand. Nothing locked-down just yet, but the biggest goal I had this year was to win VA administrators' agreement to get the process started.

The specific news was about the medical center anticipated development of their own VD-HCBS program to serve elderly and disabled veterans in that part of VISN-19 territory.

Very welcome news, indeed. Our thanks not only to Cheyenne but to all the state, federal and local leaders who voiced their opinion about how valuable this program is to vets otherwise facing nursing home placement.

UVC...THANKS!

Colorado Disabled Veteran Property Tax: A Colorado Editorial

VA "UNEMPLOYABILITY" - How did it disqualify vets from Colorado's Disabled Veteran Property Tax Exemption?
by Wes Carter, National Chairperson, The C-123 Veterans Association for the Fort Collins Coloradoan

In 2006 Colorado voters amended our constitution to provide totally disabled military veterans a small partial property tax exemption. This is now Article X Section 3.5 of the constitution and 39-3-202 of our statutes. The Legislative Council 2006 Blue Book explained to voters that federal VA disability ratings are the standard followed by Colorado to qualify veterans for their exemption.

VA has two ratings recognizing a veteran’s total and permanent disability. One rating is for injuries VA rules consider 100% disabling. The other rating is for severe military injuries even worse than the disability percentage VA rules allow for that particular injury or illness, and which make the veteran unable to work for the remainder of his/her lifetime...that rating is termed, "Total Disability Individual Unemployability" (TDIU.) Both of these VA ratings are for total and permanent disability based solely on military illnesses or injuries. 

Nothing in the law permits denying TDIU veterans the tax exemption, yet the state refuses to honor any applications without a basis for refusal. Looking back to the Blue Book’s Referendum E explanation, voters were told it is for veterans so disabled by military illness or injury that meaningful work is impossible for their remaining lifetime. Referendum E passed by a decisive four-to-one margin.

Because voters amended the constitution addressing veterans whose permanent and totally disabling illnesses and injuries caused unemployability for life, there is no justification for agencies to invent disqualifiers for TDIU.

But that’s what happened, and it’s wrong.

As per Colorado’s constitution, federal VA ratings must be respected. Veterans rated totally and permanently disabled, including TDIU, must be afforded their lawful property tax exemption.

Other Coloradans wouldn’t tolerate being unconstitutionally taxed. 

These veterans have been patient long enough.

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:

COLORADO DISABLED VETERAN PROPERTY TAX DENIED TO ALL VA TDIU* VETS - background & source documents

 * Total Disability Individual Unemployability=100% disabled vets denied Colorado's property tax exemption for 100% disabled vets

November 27, 2017

To: All Colorado officials and citizens respecting our state’s constitution

Problem: Most veterans rated 100% permanently and totally disabled by the federal Department of Veterans Affairs are refused Colorado’s disabled veteran partial property tax exemption provided for in the state constitution, Article X Section 3.5. Voters acted to provide them the exemption in 2006 but state officials refuse.

Discussion: THE EXPRESSED WILL OF THE PEOPLE OF COLORADO IN THEIR APPROVAL IN 2006 OF REFERENDUM E AS EXPLAINED BY THE LEGISLATIVE COUNSEL FOR ARTICLE X SECTION 3.5 OF THE STATE CONSTITUTION HAS BEEN ABUSED. The state constitution provides that the will of the people is paramount. That will was expressed in 2006 when the voters of Colorado approved by a margin of four-to-one amending the constitution in 2006 with Referendum E.

The Legislative Council submitted the ballet explanation to the voters as part of its constitutional duty to inform the electorate as per the constitution: “A fair and impartial analysis of each measure, which shall include a summary and the major arguments both for and against the measure, and which may include any other information that would assist understanding the purpose and effect of the measure.”

What voters were informed about by Legislative Council, and approved, and what the Colorado Department of Military and Veterans Affairs (CMDVM) have proven to be two greatly different things with CDMVN prohibiting veterans rated by the federal Department of Veterans Affairs as 100% permanently and totally disabled via TDIU (total disability individual unemployability.)

Affected are over 6,000 veterans totally disabled solely due to military service.

The “Colorado Property Tax Reduction for Disabled Veterans Referendum,” also known as Referendum E, was on the November 7, 2006 ballot in Colorado as a legislatively referred constitutional amendment, where it was approved with a margin of four-to-one. The measure extended a property tax exemption for qualified senior citizens to all U.S. military veterans living in Colorado who are 100% disabled due to a service-related disability.

There are therefore two fundamental qualifications for veterans rated 100% permanently and totally disabled (TDIU):
      a: Legislative Counsel specifically described a veteran disabled and unable to work for the rest of his/her life in the language voters approved in Referendum E.
      b: TDIU veterans also qualify on the clear language in Article X Section 3.5 describing veterans rated by the federal Department of Veterans Affairs as 100% permanently and totally disabled, especially when referring to 38 CFR 4.16 - "Total disability ratings for compensation based on unemployability of the individual."

Here is the exact information provided by Legislative Counsel on Referendum E, upon which it was approved by the people:

COLORADO PROPERTY TAX REDUCTION FOR DISABLED VETERANS, REFERENDUM E (2006) THE LANGUAGE SHALL APPEAR ON THE BALLOT AS:

“ AN AMENDMENT TO SECTION 3.5 OF ARTICLE X OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE EXTENSION OF THE EXISTING PROPERTY TAX EXEMPTION FOR QUALIFYING SENIORS TO ANY UNITED STATES MILITARY VETERAN WHO IS ONE HUNDRED PERCENT PERMANENTLY DISABLED DUE TO A SERVICE-CONNECTED DISABILITY.

How does the program work? Homeowners pay property taxes based on the value of their home and the tax rate set by the local governments where they live. Referendum E reduces the taxable value of a qualified veteran's home by one-half of the first $200,000 of the home's value, thereby lowering property taxes owed on the home. The state legislature can adjust the $200,000 amount to either increase or decrease the benefit from Referendum E in future years. Currently, the state offers the same property tax reduction to homeowners age 65 and over who have lived in their homes for at least ten years. A qualifying veteran who is also eligible for a reduction in property taxes as a senior cannot claim both reductions. The dollar amount of the tax reduction will vary among homeowners depending upon the local property tax rate, the home's value, and the amount of the exemption. Table 1 provides examples of how Referendum E reduces property taxes based on the average statewide property tax rate and the current exemption level.

Who qualifies for the tax reduction? Homeowners who have served on active duty in the U.S. Armed Forces and are rated 100-percent permanently disabled by the federal government due to a service-connected disability qualify for the tax reduction in Referendum E. Colorado National Guard members injured while serving in the U.S. Armed Forces also qualify. Veterans are rated 100-percent permanently disabled when a mental or physical injury makes it impossible for the average person to hold a job and the disability is lifelong. Nationally, less than one percent of veterans have a 100-percent permanent disability rating. About 2,200 veterans are expected to qualify.

Please note the highlighted sections of the Colorado state constitution below and the supreme authority of the people, and of a referendum amending the constitution.

Solution: Colorado Department of Military and Veterans Affairs, and Colorado Department of Local Affairs must extend the exemption to veterans rated TDIU.

Conclusion: Colorado voters approved specific language recognizing as a totally disabled veteran a veteran rated by the federal Department of Veterans Affairs as 100% permanently and totally and disabled, noting the wording provided by Legislative

Counsel of such a veteran being unable to work for the remainder of his/her lifetime. It is of note that all veterans rated by VA as TDIU (total disability for individual unemployability) are to work and forfeit their disability if they elect to do so regardless of their injuries.

The federal law governing TDIU and upon which our constitution states CMDVM is bound, states, “It is the established policy of the Department of Veterans Affairs that all veterans who are unable to secure and follow a substantially gainful occupation by reason of service-connected disabilities shall be rated totally disabled.”

Colorado’s taxing agencies disregard what the people voted for and unlawfully limit the property tax exemption by refusing TDIU veterans.

The people voted to modify the constitution and extend the disabled property tax exemption to veterans rated permanently TDIU. That vote must be honored by the legislature and our state agencies.

Respectfully,

Wesley Carter

www.codisabledvet.blogspot.com
Attached:
1. Portions Colorado Constitution
2. Source documents

Colorado's Legislative Counsel Needs to Explain Referendum E and the People's Wishes to State VA Officials

Dear Legislative Counsel,

We ask your assistance in a constitutional issue rooted in language submitted to voters by the Legislative Counsel.

In 2006 your department provided detailed wording for Referendum E for voter approval, explaining aspects of disabled veterans and the proposed partial property tax exemption.

Voters were told by LC, in your words, "Veterans are rated 100-percent permanently disabled when a mental or physical injury makes it impossible for the average person to hold a job and the disability is lifelong" and on that basis the people approved amending the Colorado constitution Article X Section 3.5.

Subsequently state agencies acted wrongly to deny veterans unable to work for the rest of their lives due to service-connected issues and rated as such by the federal Department of Veterans Affairs. This is even though it was the clear wish of the people, using the referendum's explanation, that category of veterans was to receive the exemption as described by the Legislative Counsel.​​

​There need be no changes in legislation, but only clarification by LC that it is contrary to the constitution and the people's wishes, and your own wording in the guidance given voters, that veterans rated TDIU (total disability for individual unemployability) be denied their constitutional protections.

Colorado anchors this exemption on the federal VA ratings for disability. Please consider the text, and the very title of the law: 38 CFR 4.16 - "Total disability ratings for compensation based on unemployability of the individual."

To describe Referendum E, you told the voters:

How does the program work? Homeowners pay property taxes based on the value of their home and the tax rate set by the local governments where they live. Referendum E reduces the taxable value of a qualified veteran's home by one-half of the first $200,000 of the home's value, thereby lowering property taxes owed on the home. The state legislature can adjust the $200,000 amount to either increase or decrease the benefit from Referendum E in future years. Currently, the state offers the same property tax reduction to homeowners age 65 and over who have lived in their homes for at least ten years. A qualifying veteran who is also eligible for a reduction in property taxes as a senior cannot claim both reductions.

The dollar amount of the tax reduction will vary among homeowners depending upon the local property tax rate, the home's value, and the amount of the exemption. Table 1 provides examples of how Referendum E reduces property taxes based on the average statewide property tax rate and the current exemption level. 

Who qualifies for the tax reduction? Homeowners who have served on active duty in the U.S. Armed Forces and are rated 100-percent permanently disabled by the federal government due to a service-connected disability qualify for the tax reduction in Referendum E. Colorado National Guard members injured while serving in the U.S. Armed Forces also qualify. Veterans are rated 100-percent permanently disabled when a mental or physical injury makes it impossible for the average person to hold a job and the disability is lifelong. Nationally, less than one percent of veterans have a 100-percent permanent disability rating. About 2,200 veterans are expected to qualify for the property tax reduction in Colorado.

​Please help provide these constitutional protections due Colorado's disabled veterans thru the referendum approved by the people of this state. Exclusion of this group of veterans, termed by the VA as "total disability for individual unemployability"is  clearly contrary to the people's wishes as proposed by the Legislative Counsel.

attached: legislative history

Letter to Congressman for Veteran-Directed Home & Community Services

It takes your support to get their support! Let your Congressional representative know you want and need their support for expansion of Veteran-Directed Home & Community Based Services (VD-HCBS) throughout Colorado. Their names are below this sample letter.

(home address)

(date)

(To One of Colorado’s Congressional representatives)

Dear Representative (or Senator,)

I urge your strong support for expansion throughout Colorado of the Veterans-Directed Home & Community Based Service (VD-HCBS.) The program helps veterans avoid nursing home care, and live safely and independently at home for as long as possible. 89% of veterans in VD-HCBS reported that the program is decisive in keeping them out of nursing homes. 

That's why this program is so strongly supported by Disabled American Veterans, AARP and other organizations.

VD-HCBS is offered by the Veterans Health Administration to all honorably discharged veterans upon approval by their local VA social worker. There are no requirements as regards service-connection disability or income level…only the need.

Correction: There is one more requirement: to be eligible a veteran must also be enrolled in a VA regional medical system offering the program. Denver has it. Cheyenne does not. The Rocky Mountain Healthcare System doesn’t participate in VD-HCBS. Over 34 states now have VD-HCBS, as does Denver and the Eastern Colorado VA Healthcare System. Dr. Shulkin told Congress all VAMCs would offer VD-HCBS by 2019. I don’t know why Rocky Mountain hasn’t implemented the program yet…whether it is budget, priorities, or another obstacle.

What I have learned is that I can have access to the vital services I need from VD-HCBS only by moving to Denver and enrolling there. What I also have learned is that Cheyenne can, if it wishes, implement a program for our veterans in Northern Colorado. Mr. Dave Roberts, Director of the Cheyenne VAMC intends to push for the program.

To appreciate the importance of VD-HCBS to veterans like me, just consider that it can help with removing ice and snow from my sidewalk, without which I’m stranded inside my home. Other services it covers include meal preparation, transportation, housekeeping, laundry, and more – vital services keeping me safe, and independent. It can delay an end-of-life trip into a nursing home more effectively than my present palliative care alone.

I ask that you help on a couple fronts. First, can’t NoCo veterans somehow enroll in Denver to be covered without having to move there? Also, please urge Mr. Roberts and Mr. Ralph T. Gigliotti at VISN-19 to promptly implement VD-HCBS throughout Colorado. The need is great and the need is obvious, certainly from my perspective as a disabled veteran.

Sincerely,

(signature)

Colorado’s representatives are:

1st District

Diana DeGette

Democrat

Since Jan 7, 1997

View District Map

2nd District

Jared Polis

Democrat

Since Jan 6, 2009

View District Map

3rd District

Scott Tipton

Republican

Since Jan 5, 2011

View District Map

4th District

Ken Buck

Republican

Since Jan 6, 2015

View District Map

5th District

Doug Lamborn

Republican

Since Jan 4, 2007

View District Map

6th District

Mike Coffman

Republican

Since Jan 6, 2009

View District Map

7th District

Ed Perlmutter

Democrat

---------------Colorado's Congressmen---------------------------

  

(signature)