Showing posts with label va. Show all posts
Showing posts with label va. Show all posts

Thursday, December 16, 2021

Helped my college roommate get huge VA retroactive disability check


$155,000. It will be in his bank on Monday," said his attorney K. E, when she called to give me the great news. My old college roommate has won a 52-year old VA claim he'd long-forgotten having submitting in 1969 when he left active duty. 

I got his initial VA claim approved earlier this year at 40% disability with an initial check for $7,000, paying what was due from November 2020 when I mailed it. However, I knew he needed professional help trying to get other serious disabilities related to what the VA decided is already service-connected.

I recommended the attorney I knew best, who also has her solo veteran-focused practice near my friend. Her expertise uncovered the fact that his initial claim had been submitted back in 1969, filed and lost somehow into his VA dental records and never adjudicated. She slapped the paperwork into the mail to catch up with this VA error, and today's great news comes as a blessing for my old friend.

What a happy day!

Thursday, November 4, 2021

WHO SAID VA DOESN'T HAVE A SENSE OF HUMOR?? THAT'S SO NOT TRUE!

 I LEARNED TODAY FROM THE CHEYENNE VA CLAIMS OFFICE THAT I'D BEEN DECLARED  DEAD!

"Not so," I insisted and whipped out my ID cards. "Oh, bother," said the claims agent as she looked forward to an entire afternoon correcting VA's boo-boo. Here's how VA posted the changes: (Third line under STATUS of Your Claim)



Sunday, September 5, 2021

Expert Advice on Additional Benefits Beyond VA 100%

 This is an excellent blog on various benefits veterans might consider applying for even after earning a VA 100% service connected rating. Look it over!



Saturday, August 7, 2021

TDIU vs 100% Disabled Veterans & CO Property Tax Exemption. Perhaps we ALREADY approved TDIU?

A justification for inclusion of TDIU veterans can be based on what the legislature passed in 2006 with SCR06-001 to present to the voters for approval as Referendum E. That asked whether disabled veterans should be added to the original senior exemption. 

I believe voters approved Article X Section 3.5 with the plain meaning of the text's words to include TDRU. Here is the actual text of the amendment from the Blue Book:

"​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.​"​

According to DOLA, when the enabling legislation was crafted (HB07-1251, Section 39-3-203[1.5], C.R.S) "some legislators" then set up their definitions to fine-tune what voters thought we wanted.

Here's the legislators' "modification" of what the people voted for:

 "...A SERVICE-CONNECTED DISABILITY THAT HAS BEEN RATED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AS ONE HUNDRED PERCENT PERMANENT AND TOTAL DISABILITY PURSUANT TO A LAW OR REGULATION ADMINISTERED BY THE DEPARTMENT."

Background: It might help that we have HB16-1125 to​ align Colorado veteran-related terminology with the VA's. In 1925, the​ VA​ Schedule for Rating Disabilities provided the first definition of total disability. Total disability was defined as "an impairment of mind or body that is sufficient to render it impossible for the average person to follow a substantially gainful occupation". 

That's what we have today, only VA has evolved two systems of rating tables for various injuries, percentages of which reflect an impairment in the ability to work. A certain injury, or group of injuries, reflects a work impairment in percentages up to 100%, or what is typically a total inability to work. A 100% disabled vet might possibly still work and is encouraged to do so for financial and mental health.

TDIU is absolutely no different in concept – it is also a percentage based on tables for average injuries and how they cost the vet ability to work. However, TDIU is "rounded-up" to the 100% compensation step to addresses situations where an injury or group of injuries is uniquely worse than typical​, ​constituting the actual​ total inability to work. 

A TDIU vet who is someday able to return to work forfeits VA compensation, but the 100% vet is encouraged to work if possible and keeps the compensation. TDIU qualification is with full mental or physical disability, just as with Social Security Disability. Often the TDIU is evaluated first by state rehab agencies or a Certified Rehabilitation Counselor in addition to VA exams. 

VA's Inspector General describes TDIU as VA's solution for VA own "inadequate rating tables." Denying a totally and permanently disabled who VA determines has injuries worse than VA's "inadequate" rating is certainly not something ​voters expected to do in approving Referendum E. However, for some illogical reason, Colorado has ended up with that interpretation penalize our TDIU​ vets.

One would have to read the text and make an effort to exclude TDIU​ – and we've done that in our state.

Certainly, if an interpretation is to be made reading the referendum and its explanation, the general sense of inclusion for TDIU is far stronger than its exclusion. Because there was no further qualification or explanation​ in the amendment's text or explanation, no fine-tuning​ as to military veteran​s​totally and permanently disabled due to a service-connected disability – it includes both categories. 

So, are we left wondering only about the difference between ​“100%” ​and​ “Total?” Did the electorate read the text to include or to exclude either, especially after reading the Blue Book analysis?​ ​Ask a lawyer​ or an English teacher (in one of my former lives, I was an English teacher with a California Community Colleges Lifetime Credential.)​ 

Colorado ​has​ put​ much​ too-fine and illogical a distinction between "100%​"​ and ​"​total" TDIU veterans with permanent awards. Colorado even has our statute, section 2-4-101, C.R.S., that supports the Plain Meaning Rule: "Words and phrases shall be read in context and construed according to the rules of grammar and common usage." I imagine that is especially so with foundational documents such as the constitution.
A. The plain meaning of total includes 100%, complete, containing the whole, an entirety, absolute, perfect, unconditional, and pure
BThe plain meaning of one-hundred-percent includes total, complete, full, all, perfect, whole, all inclusive, absolute, an entirety.

Either way, Colorado has one of our citizens to care for, an honorable veteran who volunteered for service and came home totally and permanently disabled ​as well as actually unable to ever work ​due to terrible line of duty injuries, classified by VA as TDIU.

But Colorado refuses even this small tax benefit. Our legislature said our totally and permanently disabled TDIU vet isn't totally and permanently disabled enough, per its preference for one VA total disability category over another, even when VA means them to be the same in protection of the same totally and permanently veterans? Even though Colorado overwhelmingly approved the benefit when we voted for "ANY UNITED STATES MILITARY VETERAN WHO IS ONE HUNDRED PERCENT PERMANENTLY DISABLED DUE TO A SERVICE-CONNECTED DISABILITY.​"​

Here's another thought. There should be no need for a constitutional amendment to address TDIU. Two arguments for that are:
A. We already approved all totally disabled veterans in Referendum E, or
B. Because the legislature defined "qualifying disabled veteran" it can easily do so again to clarify inclusion of TDIU rather than exclusion

Here is how one law firm explains the issue: 

What are the differences between 100% and permanent total disability ratings?

The main difference is why you obtain the rating. If you receive a 100% rating, it is because your disabilities totaled this amount on the Combined Ratings table. If you receive a permanent total disability rating, it is because you received a 100% rating and your conditions are not expected to improve. Veterans can receive a 100% rating or TDIU without the permanent and total disability VA benefits rating attached to it.

“Total” means that all your disabilities equal a 100 percent veterans benefits rating. “Permanent” means the VA expects the veteran’s disability to continue throughout their life without significant improvement. 

 Are Individual Unemployability benefits considered permanent total disability ratings?

First, you should understand that Individual Unemployability benefits, 100% ratings, and permanent total disability ratings are different things. First, Individual Unemployability does not require you to obtain a 100% rating, but they pay the same. Like a 100% disability rating, Individual Unemployability is not necessarily permanent. If you return to work you lose your TDIU. However, veterans can receive a 100 percent rating while working full-time. TDIU is restrictive and an actual determination of the inability to work.

Veterans can receive permanent TDIU ratings while they receive Individual Unemployability benefits if VA determines the line-of-duty conditions preventing you from working are not expected to improve."

Note: Both groups can ha​​ve temporary categories, but we're only concerned about ​​VA permanent ratings.
For reference, here's Referendum E's text from the 2006 B​lue Book:
"​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.​"​

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. 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​.​

Who qualifies for the tax deduction? 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.

Thursday, June 10, 2021

Helped My Old College Roommate With His VA Claim

PAUL, my old (we're both 75) roommate from college days, Army buddy, fellow IBM employee and friend for over half a century, is almost totally deaf.  

Paul (L)  and Wes, San Diego 1967
He hears sounds but needs powerful hearing aids to grasp the words. We first met as roommates during college and were occasionally bunkmates in the Army. Travels over the years gave us the opportunity to stay in touch. I'm writing this note about Paul to remind all veterans that military service has made us brothers and sisters; we must always help others, including getting them help from the VA when needed.

No Vet left behind. Ever.

Paul was supposed to be best man at my wedding at the March AFB chapel on June 14, 1969. Instead, he found himself headed off for Army basic training. While at Fort Bragg an incident on the rifle range left him totally deaf for days. He was seen at the base medical clinic but the damage was done: he gradually regained most of his hearing after a week of rest, but then year after year, the ears "rang" louder and louder as Paul's tinnitus developed. And so did his bilateral hearing loss worsen. A lot! 
 
This was a half century ago. Specialist-5 Paul Hansen was a traditional Army reservist, serving his initial six months of Active-
Duty, but without full-time active duty after that to qualifying him as a "veteran" per the law; nothing that would leave him eligible for VA care or any other benefits. Paul did his six year military obligation and began the rest of life's complicated journey in earnest.

Paul moved between Tokyo and California while I bounced around the country with my civilian and military careers. Once, after I left the Army to fly for the California Air National Guard, I was able to take Paul on a flight with me to Massachusetts for his aunt's funeral. Because we kept in touch and visited occasionally plus weddings and funerals, I noticed Paul's advancing hearing loss and urged him to file a disability claim at the VA.

In fact, around 2014 I even filled out his VA claim for him! But Paul is the reigning world champion of procrastination; the application lay somewhere, ignored, then trashed or perhaps shuffled into some unrelated pile of documents never to be seen again. Okay, I'm a nag. Phone call after phone call, "how ya doin" was followed by reminding him to file with the VA. It never happened.

Paul's hearing loss was significant, but the real goal was for him to establish veteran status with VA. This would entitle him to hearing aids but also vital health care for a multitude of other problems. The disability compensation of his claim was an insignificant concern  – in poor health, twice-widowed and living alone, Paul needed the wide range of VA benefits due disabled veterans but he'd never be a veteran, much less a disabled veteran, without getting around to submitting his claim.

It got to the point that we both realized a claim just wasn't going to get done in our lifetime or before the sun burned out. With Paul's permission I used his power of attorney and applied to the VA for tinnitus and hearing loss disabilities. The initial obstacle of getting Paul to file finally accomplished, we next moved to finding proof of his Army rifle range problem. I filed a request with the Army's personnel records center in St. Louis and the vital proof of injury medical records were promptly sent to us. 

Then there had to be an effective argument that even though he was a traditional Reservist over fifty years back, Paul's injury should entitle him VA care and benefits. Usually VA will only consider problems a year after discharge, probably not Paul and more than half a century later! Paul wasn't even a statutory veteran per the law because he'd never been on active duty after basic training. 

I have a medical background and I also remembered a key detail: The law provides that Reservists and National Guard troops, if they have a disabling injury during their training, the requirements for full veteran status are met. Further, because Paul's training was during the Vietnam War he'd have a wider range of important coverages as a wartime veteran – but only if he succeeded in his claim. 

I also wrote a lengthy report about the Army's poor history of troops' hearing injuries in the years before earplugs were even permitted on a rifle range. I quoted similar VA disability claims from other veterans who won their claims, even years later like Paul. Because of Paul's age and health, his claim needed to be approved on our first pass, not rejected for correction or appeal. Too often, claims have flaws that delay the process a year or even longer for an appeal. At best, we hoped that Paul would get a small 10% disability award for his tinnitus and hearing loss but also worried about any delays for this increasingly frail man.

This week, VA notified him it approved the claim on the initial application. Paul Hansen thus became our newest honored disabled veteran. 40% disabled, not just 10% as first hoped. Two other major health issues are still under consideration and we're hoping it will put Paul over 50% disability, at which point all his medical care is provided free. Other benefits he can get now:

The VA decision on his application also made his disability retroactive to December 2020, the date VA received his claim. Paul, faced with many health issues, is finally entitled to VA hearing aids and so many other benefits. Paul isn't poor but the VA check will be useful.

California has some property tax exemptions and other benefits, mostly kicking in at a 100% disability. We'll have to see if Paul's remaining issues are going to be service-connected.

Here, I'll take a firm grasp on myself and control the urge to tell Paul what his disability checks would have totaled (over $35,000) if HE'D ONLY DONE AS I SUGGESTED SEVEN YEARS AGO. I've helped vets with their VA claims but just one other went back over half a century like Paul's. That was for Bob Edwards, church friend and former Navy officer for whom we got a total disability based on World War II injuries 63 years earlier.

A note: Paul's dad's Coast Guard leather bridge coat (he's wearing it in the top photo) saved my life, quite literally, sometime around 1967 in Riverside, California. But that's another story.

Monday, May 31, 2021

THE BIG PROBLEM: How to pay for TDIU Vets Getting the Disabled Veteran Property Tax Exemption

 There's no getting around the biggest obstacle to any Colorado veterans benefit – just where the heck do we get the money to pay for it?

In Colorado's state house that is the Number One question on every bill. Trying to get the Disabled Veteran Property Tax Exemption to cover VA 100% permanent Total Disability for Individual Unemployability (TDIU) vets will be no different. 

I don't know the necessary procedures but will float a couple ideas here. First, the goal is to get the exemption for approximately 4622 veterans now rated 100% disabled TDIU by the VA. That's approximately $2.6 million added to the overall Homestead Exemption program costing over $159 million. 

Currently, veterans and their survivors are only 2% of that total with the exemption restricted to VA 100% schedular vets, so adding TDIU will make veterans just under 4% of the program. The number of vets that I use already considers the fact that 13.3% are also able to claim the senior exemption, and already factors in the point that 80% of all the Colorado TDIU vets own homes to exempt. Finally, the average value of each exemption is considered, leaving the goal at $2.6 million.

The Legislature needs to appreciate that voters already approved every 100% disabled veteran for the Disabled Veteran Property Tax Exemption. The wording of Referendum E in 2006 was very clear, as was the explanation in the Blue Book. It was the legislators, not the voters, who opted with the enabling legislation for Article X Section 3.5 to invent the unemployability barrier. We need to.get our tax laws back into line with the state constitution!

– POSSIBILITIES –

1. Cut the average veteran and survivor exemption benefit in half to stretch the present funding to include TDIU recipients. The Legislature already has the power to do this per Article X Section 3.5 of the state constitution

2.  Likewise, reduce the benefit to each senior homestead exemption to capture $2.6M. This would be a much less severe reduction for the recipients than #1 above, approximately 0.02 for about just $11 less per year per exemption

3. Divert a portion of the funds CDMVA now uses for grants

3.  Add an optional $5 contribution to each state income tax return

4. Divert $2.6M from Colorado Economic Development Commission

5. Ideas??


Saturday, May 29, 2021

Colorado Legislature: Sponsor Needed for 100% Disabled Veteran Property Tax Exemption









 TOTAL DISABILITY for INDIVIDUAL UNEMPLOYABILITY
= Equals =
100% VA Total & Permanent Line of Duty Disability

Every Colorado 100% VA disabled veteran should be eligible for the Disabled Veteran Property Tax Exemption. It is wrong to deny TDIU vets the exemption the voters approved for ALL 100% VA disabled veterans when we approved Referendum E in 2006, Colorado Constitution Article X Section 3.5

A veteran is considered totally and permanently disabled if they have received a disability rating of 100% for service-connected disability compensation and the VA does not expect the condition to improve. Such language indicates that the rating of total disability is permanent.

By illogically and unfairly denying them a state constitutional protection, Colorado disrespects over 4000 TDIU veterans rated by the VA as 100% totally and permanently disabled in the line of duty. Colorado denies TDIU vets, totally disabled for the rest of their lives, our Disabled Veteran Property Tax Exemption. In doing so Colorado shows its disregard for their dedicated military service and their life-changing sacrifices. 

Colorado is unique among the states in denying benefits to this group of 100% VA disabled veterans.


 

Tuesday, December 5, 2017

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???

Saturday, December 2, 2017

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:

Friday, December 1, 2017

"UNEMPLOYABILITY" - How did it pop up as a disqualification for Colorado's Disabled Property Tax Exemption?

Back in 2006 Colorado voters amended our constitution to provide a partial property tax exemption (a small one, about $480 on average) for totally disabled military veterans. This is now Article X Section 3.5 of the constitution and §39-3-202(2) C.R.S of our statutes. The 2006 Blue Book explained that federal VA ratings would be the standard followed for veterans to qualify. 

The VA has only two such ratings. 

One is for injuries that are so severe the veteran is made 100% disabled. The other is for injuries that are severe but even worse than the percentage of disability VA rules allow for that particular injury or illness, and which by themselves (only military issues) make the veteran unable to work for the remainder of his/her lifetime...that rating is termed IN THE LAW as, "Total Disability Individual Unemployability" (TDIU.) BOTH of these VA ratings are for ONE HUNDRED PERCENT PERMANENT AND TOTAL DISABILITY. 

Colorado has a problem in that for some reason outside the law, the state opted to refuse the exemption to veterans having the VA TDIU rating.  Although state agencies refuse to accept TDIU or unemployability, that refusal isn't in the constitution, the legislation or the 2006 Referendum E, for which the Blue Book specifically referenced totally disabled veterans unable to work for their remaining lifetime.

It seems the only mention of unemployability is in the instructions and web pages saying it is unacceptable...only in the forms for the final implementation of the referendum, the constitutional amendment, and the legislation does unemployability get mentioned as a disqualifier. Unemployability, one of the two VA ratings for total and permanent military service disability is simply (and wrongly) excluded.

That's wrong. It needs correction, and we call on DMVA and DOLA to make implementation of this constitutional benefit properly reflect the constitution. VA's rating of veterans should be respected as detailed in the law. ALL veterans rated totally and permanently disabled, including via the TDIU rating, should be afforded this modest property tax exemption.

Here's what the law says are our totally disabled veterans entitled to the partial tax exemption:

Colorado 39-3-202 C.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.”

Property Tax: Disabled Veteran Property Tax Exemption
This program is for Disabled Veterans who:
Are RATED by the U.S. Department of Veterans Affairs at 100%, Permanently and Totally Disabled by the U.S. Department of Veterans Affairs (Individual Unacceptability(?*) does not qualify) AND
You must have owned and occupied the property since January 1st of the year in which the Veteran is applying. (*unacceptability is DMVA's typo, not mine!)

COLORADO DEPARTMENT OF THE TREASURY





Requirements for Eligibility, Veterans
Applicant must be a disabled veteran who has been rated by the U.S. Department of Veterans Affairs as permanently disabled. (VA unemployability awards do not meet the requirement for determining an applicant's eligibility.)”
COLORADO DEPARTMENT OF LOCAL AFFAIRS
ELIGIBILITY REQUIREMENTS, Qualifying Disabled Veteran:
To qualify, a disabled veteran must meet each of the following requirements: 
• Served active duty in U.S. armed forces.
•  Was honorably discharged.
• Sustained a service-connected disability rated by the U.S. Department of Veterans Affairs as 100% permanent and total.  Disabilities rated less than 100% and VA employability awards do not meet the eligibility requirements.

BUT WAIT: THERE'S MORE!
There's another problem with the way Colorado implements this constitutional benefit and its enabling legislation. They simply haven't gotten around to it.

The constitution also recognized servicemembers that the military retires as totally and permanently disabled. Through an oversight, these disabled veterans were simply not mentioned in the statutes and were therefore refused the exemption even though it was a constitutional right, spelled out crystal clear, word for word:
"...through disability retirement benefits pursuant to a law or regulation administered by the department, the United States departments of homeland security, or the departments of Army, Navy, or Air Force.”
In May 2015 the governor signed an act unanimously approved by both houses of the legislature in May 2016 to correct the problem by placing those last fifteen words in the constitution also in the law. For some reason the correction hasn't been implemented by the responsible state agencies...it has simply been ignored. Totally disabled military retirees continue to be taxed and the constitution abused. 

When I've tried to discuss this disconnect with officials there's been no disagreement about the issue, but it doesn't seem a big deal to anyone.

This is a big deal! The people of the state are the supreme power, and the constitution reflects the will of the people, with state officials from the governor on down sworn to protect and defend it. A right specifically guaranteed by our state constitution cannot simply be ignored by agencies that didn't get around to honoring it. You may recall that in 1776 unfair taxation led to some disagreement between England and her American colonies. 

Thankfully, officials have indicated that things will be set right by January 2018, ending eleven years of unconstitutional taxation of this group of totally disabled military retirees. By January, these veterans will have been unconstitutionally overtaxed about $4,800 each.