Colorado recognizes sacrifices of our totally disabled veterans, awarding a partial property tax exemption to 100 percent totally and permanently disabled veterans. The U.S. Department of Veterans Affairs has two types of 100% disabled veterans – (1) vets with a 100% disability (2) vets with a total disability rated “Total Disability for Individual Unemployability” (TDIU.) VA benefits for the two types are identical, but Colorado’s TDIU veterans are unfairly denied the exemption
Saturday, June 12, 2021
COLORADO SENATE PRIORITIES FOR 2021 AND 2022
Genuine thanks are due the Colorado House of Representatives!
I must set aside my disappointment with the Colorado Senate Veterans Committee killing HCR21-1001 last week. The House is due a salute and my most sincere thanks for their amazing step of a unanimous vote approving HCR21-1001.
Thank you, Republicans and Democrats in the Colorado House of Representatives for your unanimous approval of HCR21-1002 that you forwarded to the Senate where others decided $93,000 was just too much to "honor" survivors of our servicemembers."...submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning the extension of the property tax exemption for qualifying seniors and disabled veterans to the Gold Star Spouses of deceased members of the United States Armed Forces. "
Gold Star Wives Are Due the Disabled Veteran Survivor Property Tax Exemption
Colorado proudly honors survivors of our totally disabled veterans...thousands of them, but ignores 140 equally worthy Gold Star Wives |
Friday, June 11, 2021
COLORADO SENATE DISHONORS ITS OWN RESOLUTION "HONORING" GOLD STAR FAMILIES
Right. Uh-huh. Fellow Coloradans, SJR21-010 wasn't worth the postage to mail it to the survivors. Neither was it enough of "an expression of profound gratitude and respect" to move the mighty senators to more carefully consider HCR21-1002. It certainly wasn't worth the esteemed committee of law-makers' bipartisan review. Instead, on a party-line vote, all Dems voted NO and the outnumbered Republicans voted YES.
1. sell the marital home and downsize
2. reduce housing costs to adjust to loss of spouse's income
SHAME |
exemptions just too, too much of a burden for the Great State of Colorado? No, not when we can also spend many millions on family planning for undocumented immigrants.
1. There are two types of Gold Star Wives. First, a small number of survivors of servicemembers whose deaths were in the line of duty while on active military service. This is the group proposed for the disabled veteran survivor property tax exemption.
Thursday, June 10, 2021
Helped My Old College Roommate With His VA Claim
Paul (L) and Wes, San Diego 1967 |
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:
- Benefits for Veterans 40-50% Disabled, plus compensation
- Preventive care.
- "Level 2" VA medical priority group
- Inpatient (hospitalization) services.
- Military PX and commissary use.
- Care in the Community
- Ancillary services.
- Mental health care.
- Geriatrics and extended care.
- Medical equipment/prosthetic items and aids.
- Old age, low income pension (income-based.)
- Medical travel.
- Veteran-Directed Care program, a budget to help with activities of daily life.
- Medication/supplies
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.
Wednesday, June 9, 2021
THE REST OF THE STORY: The Brief Life & Sudden Death of Colorado's Gold Star Wives' Tax Exemption
Not about to waste a perfectly good opportunity to turn virtually every veterans' wrath against them, yesterday the Colorado Senate Veterans Committee killed HCR21-1002.
Ever budget-conscious, the committee's discussion indicated they felt it terribly unwise to "waste" $94,000 permitting widows of active-duty troops the same very modest property tax break now given widows of our 100% disabled veterans. Colorado has 140 widows of active-duty troops, all denied the small exemption because the awkward wording of the 2014 legislation restricted the exemption to widows of a veteran already getting the exemption.
Get it?
a) Die on active duty = no widow's tax exemption, or
b) Die after active duty as a disabled vet = widow gets exemption.
Troops call this kind of situation "bass-ack-wards."
The rest of the story? After a unanimous House vote for HCR21-1002, it was killed because some senators might to do "something" next year to go to the voters in 2023 for some relief for the widows in 2024.
"Something" apparently being a larger overhaul of the entire property tax exemption issue that costs $150,000,000 each year. Gold Star Wives (mostly elderly of World War II, Korean Conflict and Vietnam eras) would have added 0.00062 to that $150M.
I think the House could have chosen a better approach to the Gold Star Wives, something easier than the constitutional amendment HCR21-1002 required. The legislature took it on themselves to include widows of 100% disabled vets who were receiving the exemption by HB14-1373, not an amendment which is more difficult.
All the House had to do was use 21 new words refine the definition of "qualifying veteran" to include "or a member of the Armed Forces of the United States who died in the line of duty on active service" in a new statute.
Here's what it took to include survivors in the original 2014 bill:
39-3-203. Property tax exemption - qualifications. (1.5) (a.5)
FOR PROPERTY TAX YEARS COMMENCING ON OR AFTER JANUARY 1, 2015, FIFTY PERCENT OF THE FIRST TWO HUNDRED THOUSAND DOLLARS OF ACTUAL VALUE OF RESIDENTIAL REAL PROPERTY THAT AS OF THE ASSESSMENT DATE IS OWNER-OCCUPIED AND IS USED AS THE PRIMARY RESIDENCE OF AN OWNER-OCCUPIER WHO IS THE SURVIVING SPOUSE OF A QUALIFYING DISABLED VETERAN WHO PREVIOUSLY RECEIVED AN EXEMPTION UNDER PARAGRAPH (a) OF THIS SUBSECTION (1.5) IS EXEMPT FROM TAXATION.
Here's the redefined "qualifying veteran":
SURVIVING SPOUSE OF A QUALIFYING DISABLED VETERAN WHO PREVIOUSLY RECEIVED AN EXEMPTION or a member of the Armed Forces of the United States who died in the line of duty on active service UNDER PARAGRAPH (a) OF THIS SUBSECTION (1.5) IS EXEMPT FROM TAXATION.
And that's "the rest of the story!"
Here's the Colorado Bar Association's statement:
"Gold Star Wives, survivors of active-duty servicemembers, are denied the exemption because the state constitution (Amendment X Section 3.5) allows the exemption to survivors of veterans already in receipt of the benefit. Colorado legislators apparently did not consider the issue of active-duty deaths. Loss of the servicemember on active duty precludes the 'already in receipt of the benefit' requirement. Proposed is a redefinition of a qualified recipient to include survivors of active duty servicemembers who die in the line of duty."
Tuesday, June 8, 2021
How interesting. And HOW CONFUSING! Gold Star Spouses Property Tax Exemption HCR21-1002 KILLED!
1002 to submitting a constitutional referendum to the public to add 140 surviving Gold Star Spouses to the state's Disabled Veteran Property Tax Exemption. To repeat, unanimous House vote. Colorado's state representatives merely wanted to give active-duty widows the same too-small exemption disabled veterans' survivors get.
SECOND FLASH: To prevent the embarrassment of a Senate vote where Colorado's voters would see who voted against these Gold Star Spouses, the Senate killed the bill last night in committee. Straight party line, thumbs down and the bill died. Republicans YES, but every Democrat NO. I guess cautious senators felt Colorado would be overburdened if we didn't continue to ignore our dead soldiers' spouses.
I've been interested in advancing the Gold Star Wives property tax exemption for many years, urging action through the United Veterans Coalition. I've recently set the issue aside and for the UVC and Gold Star Wives to address the exemption for themselves – perhaps too much from me when I'm not a Gold Star spouse, only a Gold Star son.
Anyway...shot down behind closed doors. It feels like something's backwards here, as I'd have expected Democrats to have more concern than Republican. This was a vicious slap in the face to the House and to survivors of our troops who've died in the line of duty. The cost? Less than $94,000 according to Legislative Council Staff.Monday, June 7, 2021
Colorado Bar Association: Statement of Support for Disabled Veterans and Gold Star Wives re: Property Tax Exemption
Saturday, June 5, 2021
We ALL must start reading the Colorado state constitution
Friday, June 4, 2021
Public Officials take an oath to support Colorado's constitution. What does that really mean?
frustration on this state issue. You see, in my world the oath was military; “support and defend” and we were trusted to do just that, regardless of personal hazards, difficulties, obstacles, etc. We were also carefully taught for decades that support and defense of the Constitution of the United States is our highest duty.
Lesson from the 1946-1948 Nurenberg trials? Orders from a superior that conflict are illegal. If laws, orders and regulations present a conflict, I must seek assistance from colleagues, higher authorities, the Judge Advocate General, or even resign if possible. If circumstances leave my resignation impossible, I am obliged to obey the Constitution as best I can understand it. Merely hiding behind an illegal or unconstitutional order would be no defense at all.
Web site after county web site, state web site after state web site, virtually every place one finds information about the Disabled Veteran Property Tax Exemption DOLA and CDMVA continue to ignore the constitution. DOLA has tried at least twice in the last five years to have counties update details about the exemption, but even the DOLA web site application and instruction forms continue to misinform veterans that a document showing VA 100% disability must be submitted. A disabled military retiree reading that simply doesn't bother going any further.