My College Roommate Wins 100% Disability Claim - after VA lost his papers for half a century!

Yesterday my college roommate Paul heard from VA that his supplemental claim for disability has been approved. He's now backdated 100% to December 2020! Great news, following the first claim being approved earlier for hearing loss at 40%. My strategy helping him was to tie certain current problems to his hearing loss as secondary issues. VA has agreed, following an appeal that reversed their initial denial.

Now, he will get a better disability compensation, medical care for himself and family, some state benefits and, if and hen needed, nursing home or other such advanced care.

These are earned entitlements which he has been denied for the past half-century. Denied VA medical care, GI home loan, every state benefit withheld. There's no catch-up for what he's been refused.

Remember: this is a good outcome but it really is an immense VA failure! Paul first applied for VA disability benefits when he was released from active duty in 1969. He lived with his disability and forgot all about the VA claim which, decades later, was finally found in his Army dental records. The VA never found this critical document: It took his attorney Katrina Eagle a couple hours. Perhaps...VA didn't give a damn?

A veteran has a reasonable beef with the VA when they take half a century to resolve a claim, meanwhile denying all federal and state benefits. Paul has a beef, but right now he's simply glad things have gotten straightened out.

The VA tried. Dragged it out fifty years, and if only the process had taken a bit longer, until Paul had passed, VA could cancel his claim altogether because when the vet dies, so does the claim. Too bad, VA. At least you made it into your disgusting "Claim Ignored 50 Years Club."

Over half a century. But who's counting?

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!

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)

PowerPoint Briefing: added:: Colorado Gold Star Spouses Property Tax Exemption

 Here's a PowerPoint briefing on Colorado's Gold Star Spouses and our effort to qualify them for the state Disabled Veterans Survivor Property Tax Exemption. During the last session of the legislature, the House unanimously approved this but it died in the State Affairs Committee immediately on reaching the Senate.

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!

YouTube Video added to explain TDIU & Colorado's Disabled Vet Property Tax Exemption

Here's a PowerPoint briefing on Colorado's TDIU veterans ("total disability for individual unemployability.") Our effort is to qualify these 4800 totally disabled veterans for the same disabled veteran property tax exemption offered other Colorado veterans with a VA 100% rating.

TDIU and 100% are the only two ways VA categorizes a vet as totally and permanently disabled, but Colorado does not permit TDIU vets the small property tax exemption. 

UVC Identifies 2022 Veterans' State Legislative Objectives

At today's executive committee meeting of the United Veterans Coalition, leaders identified Gold Star Spouses' property tax exemption as our Number One state legislative objective for the 74th General Assembly of the Colorado legislature. 

Colorado's Total Disability for Individual Unemployability (TDIU) veterans' property tax exemption was selected as the coalition's Number Two goal going into the next legislative season!

Both objectives deal with Colorado's Constitution, Article X Section 3.5 and the small partial property tax exemption presently offered seniors, totally and permanently disabled veterans, and their survivors.

The Colorado Bar Association had already indicated its support for both objectives.

Co-chairs Shelly Shelly Kalkowski and Robbie Robinson presented their state legislative committee 2022 general goals and specific objectives, finalized just prior to this morning's executive committee gathering. 

Thank you, UVC!

Disabled Veteran Property Tax Exemption: What A Convoluted History!

Amazing! And pretty disappointing, too, with what's been done to our veterans and
their survivors. 

Let's review the confusing history of this mess. Just follow the explanation of how we've tried but only partly succeeded in protecting our disabled veterans.

In 2014 the Colorado legislature passed HB14-1373 to include survivors of totally disabled veterans with the veterans and seniors over age 65 for the small, partial disabled veteran property tax exemption. This was a blatant modification of the state constitution without first bothering the voters for our okay. 

Please understand: We voters first created our state constitution and then authorized constitutional amendments. Years later the legislature took it on themselves (yes, for good reasons, of course) to make changes they felt useful by passing HB14-1373. Regardless of intent or outcome, this was a no-no and an unconstitutional action by the legislature: the legislature has no power to modify or change the constitution. The estimated cost was around $100,000.

They simply did it. Folks involved at the time today agree it "abused" the constitution but hey – they did it anyway.

Regardless of procedure, that was a good thing with a very small footprint, not likely to invite any challenge: Indeed, there has been none. I can't find any notice ever made about this "extra-constitutional" legislative action that added a few hundred widow(ers) to a program already attracting attention for its cost. I make mention of it only because it was done and it should be done again!

You see, the legislature passed SCR06-001 in 2006, then presented it to Colorado voters as Referendum E. We approved it overwhelmingly, extending the senior property tax exemption to a few thousand totally and permanently disabled veterans. The original version of that tax exemption covered only seniors and its genesis was HB00-1002. The legislature passed that in 2000 for presentation to the voters as Referendum A. It passed, with an estimated cost of just over a million dollars.

Those two referenda – A in 2000 and then E in 2006, made totally and permanently disabled veterans and seniors as the two categories of homeowners qualified for the property tax exemption. Then HB14-1373 added the veterans' survivors.

Let's review:
1. 2000, Referendum A + HB00-1002 = the senior exemption, apparently also including survivors
2. 2006, Referendum E + SCR06-001 + HB07-1251 = the disabled veteran exemption
3. 2014, HB14-1373 = the disabled veteran's survivor exemption
4. 2016, HB16-1444 = aligned the statute with the constitution, adding disabled military retirees' exemption 

HB21-1002: We must note the dastardly action by the senate in June 2021 rejecting the unanimous house bill for a referendum adding Gold Star Spouses to the disabled veteran property tax exemption. 

Survivors of military personnel lost in the line of duty are presently denied the exemption by a stupid and illogical technicality: The exemption recognizes only survivors of veterans who die while in receipt of the exemption. Dying in combat very obviously prevents a veteran from returning to Colorado to qualify for the exemption, so we deny it to the widow. Dumb in the extreme.

The senate's unpatriotic rejection dishonored Colorado but "saved" the state about $95,000.

COLORADO LEGISLATURE & GOVERNMENT: "TDIU VETS ARE ON THEIR OWN"

 Colorado voters approved Referendum E in 2006, not knowing that the legislature had already defined "qualified veteran" so as to exclude vets with the VA "total disability for individual unemployability," (TDIU.) 

Colorado's legislators and government officials chose to interpret the requirement for the "VA 100% rating" so as to exclude totally and permanently disabled veterans who are compensated at the 100% level...because they are in fact totally and permanently disabled. The only difference being, 

TDIU veterans have a totally disabling injury, worse than standard VA tables are meant to recognize, that is in fact totally and permanently disabling. These are the same totally and permanently disabled veterans – one honored by Colorado with a small property tax exemption and the other totally ignored. Are they less somehow than worthy in the eyes of our mostly non-veteran legislators?

Actually, to be completely correct, TDIU vets haven't been truly ignored. That's because the only attention given TDIU veterans by
Colorado's legislature and government has been opposition to extending to these vets, totally and permanently disabled in the line of duty, the small property tax exemption.

That's the extent of their efforts. Less than zero, because it was years of "absolutely not" instead of "let's find a way." That has meant years of being denied the specific constitutional benefit voters were told we approved as Article X Section 3.5 for all of Colorado's veterans with honorable service who became permanently and totally disabled in the line of duty. 

Have we abandoned thousands of Colorado's TDIU veterans?

How Colorado (mis)treats thousands of our totally and permanently disabled veterans - refuses TDIU vets Colorado's disabled veteran property tax exemption

 Colorado extends its small, partial property tax exemption only to veterans with the VA 100% disability rating, but REFUSES the exemption to every totally and permanently disabled veterans with the VA "total disability for permanent unemployability" (TDIU) rating. Same total disability in the line of duty, but TDIU vets have injuries that are WORSE than standard tables.