Farewell, MOAA and my 30-year membership.

No help here!

I've ended my 31-year membership in the Military Officers Association of America, resigning last week. Leadership's brief response to my request for support (copy below) or advice on property tax exemptions for surviving spouses of active-duty military wasn't helpful and didn't deal with the issue. The only answer was that the Colorado MOAA representative would decide whether to support or not, and whether to speak with me or not. 

There wasn't even an offer to bring my concerns about Gold Star Wives and Colorado's TDIU veterans to the MOAA representative.

In essence, I was told by leadership that my effort as a life member to express my need for MOAA help within the United Veterans Coalition was dependent upon and at the sole discretion of our lobbyist. 

MOAA's rep hasn't found an opportunity for me to discuss my hope for MOAA support within the Colorado United Veterans Coalition. My specific request was for MOAA to advocate veterans' issues as per our mission statement. I was sent an email on how the United Veterans Coalition handles legislative objectives but nothing regarding how MOAA could help, nor whether MOAA agreed or disagreed with my concern's solution.

Being denied my voice, permitted any discussion of my needs only upon invitation of another (no matter how kind or skillful or even supportive the lobbyist may be) is unacceptable. This is an MOAA gag. Are officers expected to wait around, mute and dependent on others deciding what's best for us?

Rather than have my affiliation as a member affirm MOAA inaction, disinterest, or perhaps even opposition to my needs, I have terminated my life membership. Now I hope to bring up the issue with other UVC-affiliated groups, seeking their support to place Gold Star Wives and TDIU veterans on its 2022 legislative agenda.

What I wrote MOAA to ask for help:

I'm a life MOAA member and ask your help. Good afternoon. I don't know the complexities of getting an MOAA resolution but hope for your advice. If appropriate, please consider this a motion under the appropriate rules for such a thing.

Our state restricts the small Disabled Veteran Property Tax Exemption to those whose spouse died while already in receipt of the exemption. This language makes it impossible for "Gold Star Wives: (name change underway to Spouses) to qualify because their troop died on duty and never came home to apply for the exemption An obvious and gruesome "Catch-22." 

There are about 150 or so widows/widowers not already covered under the Homestead Exemption. I'm not addressing Gold Star Wives' second category, spouses of vets who die after the military of service-connected causes because the current language includes them. Legislative Affairs Council estimates the cost to Colorado to be under $100,000.

I'd like to correct this via our membership in the United Veterans Coalition of Colorado. I assume we either agree upon supporting something as an informal process or some sort of resolution. I've drafted such a resolution for discussion.

Please help me correct this discrimination of active duty widows who should be receiving the same respect and honor as do Colorado's disabled veteran survivors.

Several years back, MOAA was much more responsive when I visited headquarters in Washington along with Dr. Jeanie Stellman from Columbia University's Mailman School of Public Health. MOAA and ROA, the American Legion, NPR, even Air Force Times all lent their support throughout the four year effort getting our crews C-123 Agent Orange coverage.

So, thanks again, MOAA, but farewell. I'm not able to travel to Washington again to find somebody in MOAA to hear me out.

May 2015 MOAA Magazine

 

Helpful advice – and a word of caution

For some years I've advocated for Gold Star Wives receiving the same property tax exemption provided survivors of our totally disabled veterans. I've been feeling somewhat better and picked up some steam and got onto the bandwagon (I treasure mixed metaphors) to plow ahead to get some interest among others. 

That hasn't gone so well. Not only is it a difficult sell in a state economy battered by Covid, it is also just one concern among so many affecting veterans and our families. Fortunately, we in Colorado have our United Veterans Coalition to bring to bear 460,000 veterans' voices for legislators to hear,

The UVC does its job well. Their decades-long track record is proof.  The inclusion of a multitude of our largest and smallest veterans' organizations is another proof of the trust placed in UVC by us as veterans. One voice, 460,000 addressing agreed-upon legislative objectives.

But things can still be difficult. I've been concerned about bringing the issue up with the veterans' groups and my elected representatives, hoping for inclusion of Gold Star Wives' property tax exemption in the UVC 2022 legislative agenda. That's been hard, with less enthusiasm that I'd expected, and also hard because UVC has its well-established way of doing things. I knew little about UVC objectives and how to get UVC support, but when I asked for updates to information given me in 2019 before starting these current efforts my emails and calls went unanswered. Of course, nobody owes me any response at all - we're all volunteers in these veterans' projects.

You know the phrase: "Lead, follow or get out of the way!" In the vacuum of responses to my inquiries, I found nobody to follow and so I started seeking interest from others. The basic step was clearly getting UVC "primary members" behind what would have to be the unanimous coalition approval. Although I certainly have no attitude about "get out of the way," I didn't grasp the friction that my trodding on others' turf would cause as I reached out to primary coalition members.

So doing what I've been doing hasn't gone too well with UVC and what they're doing. Their opposition to my concerns about Gold Star Wives (I'm a Gold Star Family Member) is perfectly understandable because they are the experienced lobbyists, chosen for their dedication and successes.  GSW wasn't an objective in 2014, 2015, (it was an objective in 2016 as I asked), 2017, 2018, 2019, 2020 or 2022. They've mentioned to others that my urging for it to be a 2022 objective wasn't well-received.

I've appreciated their two emails of useful guidance after I directly asked them, " I guess I should just ask outright, should efforts on Gold Star Wives stop altogether? "

Okay. Hand gently patted and pushed away from the throttle. I take it the coalition's suggestion is to "follow the UVC legislative committee updates" to see if action happens to develop among member organizations before coalition approval in November Gold Star Wives' taxation. Also, the gentle inference is that approaching my legislators for interest in their help next year, and approaching groups like the Legion or Colorado National Guard wasn't helpful or welcome, thus the guidance instead of encouragement or advice to do ... anything.

Darn. I'd hoped, expected even, some hand-holding. Some guidance and encouragement. Referring back to their email of sixteen months ago was interesting, and the point was that I should have remembered it and been compliant with it. I guess I was influenced most by our leadership's 16 Nov 2016 instruction:

 "it is crucial that each of you reach out to your own State Senator and  Representative, and at least let him/her know that you are part of the UVC, and talk about how important it is that we support our veterans,

Oh, well.  Lesson learned about playing nice with others.

"...in keeping with our legislative agenda" - United Veterans Coalition Champions Veterans' Issues for Colorado. When the time is right, Gold Star Wives' concerns WILL be heard!

Four hundred and sixty thousand loud, strong voices.  

At the right time,, I'm hopeful these thousands of veterans will be convincing our General Assembly that Gold Star Wives should be eligible for the Disabled Veteran Survivor Property Tax Exemption.

But this just isn't the right moment for GSW property tax issues. The benefit will be sought in the near future, just not right now. And it wasn't right back in 2016 when our state legislative agenda included Gold Star survivors but no traction was found, not even a draft bill.

UVC is "the tip of the spear" for our state's veterans. Speaking as one voice, coordinating dozens of organizations state-wide. VFW, DAV, American Legion, PVA, MOAA, NCOA, ROA, AFSA, VVA, and so many others of which I'm not a member – Submarine Veterans, Gold Star Wives - if an association serves vets and their families, if an organization promotes the national defense, they're a welcome part part of UVC and their concerns are heard. The various needs and propositions are discussed by the membership, and those agreed by UVC are delivered to the decision makers, both state and federal, in the form of the annual focused UVC legislative objectives.  

Legislators in Denver and Washington listen carefully, hearing those thousands of UVC voices when the United Veterans Coalition speaks. Whether addressing an individual legislator, senate or house committee, or public forum like a town hall meeting or city council, the United Veterans Coalition commands attention, and rightfully so.

I know this. On a few occasions, I was a witness before the National Academies of Science or one of the house or senate committees, and authorized to speak on behalf of the UVC. UVC was firmly behind me as I sought Agent Orange benefits for C-123 veterans. We got all of Colorado's senators and congressional representatives together to pressure the VA, even to block presidential nominations from consideration until VA acted. Finally, we won on the merit of the issue and UVC strength. 

We won the four year battle and gained VA Agent Orange benefits for 2500 Air Force C-123 aircrew, maintainers and survivors. Until Congress acted on the Blue Water Navy group, this was the only time VA added a new Agent Orange exposure group, and the only expansion of Agent Orange benefits since 1991. With HB16-1444 we won property tax exemptions for Colorado 450 military retirees and their survivors who'd been medically separated from their service as 100% disabled, and in doing so we brought the legislation into agreement with our state constitution's Article X Section 3.5. 

Not only does the UVC present veterans' concerns to our legislator, UVC also prioritizes the multitude of issues and forms an annual legislative agenda for both state and federal issues.

The UVC legislative agenda is already firmly set for 2021, but has yet to be finalized for 2022. Whether or not Gold Star Wives' property tax exemption is identified as an objective is up to the primary members and lobbyists of UVC. The coalition sorts out our needs, identifies the possible, and prioritizes them. Presto, the annual legislative agenda.

At the right time, Gold Star Wives' property tax issue is likely to be addressed by the coalition. Admirably, the GSW members are patient and understanding, with full confidence in the coalition.

The timing for GSW isn't right for 2021. Complexities of state budget, coalition priorities. Strategy and resources – all must align, and then UVC will deliver for the members of Colorado's Gold Star Wives. Let's get together for Gold Star Wives' proper place on the UVC 2022 legislative agenda!

Colorado's Gold Star Wives' Catch-22

Catch-22

Just think about this. 

Colorado has a modest property tax savings just for totally disabled veterans, totally disabled military retirees, and for their survivors. I am referring to the Colorado Disabled Veterans Survivor Property Tax Exemption program. Saves about $600 each for those qualified, with a goal of helping disabled vets and survivors get or keep homes after suffering lifelong total disabilities in the Nation's service.

Think about this also: Colorado refuses this very modest property tax exemption to survivors of military who die in the line of duty on active federal service. None of my county's 245 recipients of the exemption is a war widow or widower, AKA a "Gold Star Spouse."  In fact, there isn't a single one in all of Colorado.

Surviving spouses of active duty military lost in the line of duty just don't qualify. Until we change the rules, they never will. The core problem is that the rules limit the property tax exemption to the disabled vet, and then the survivor if and only if the veteran was receiving it at the time of death.

If you're a civilian, take it from me; While in the process of crashing your airplane, sinking your ship, or getting a bullet through your helmet, it is awkward to first take a few moments out before dying to apply for and be approved for the Colorado exemption. Actually, time does not permit.

You've heard the phrase "Catch-22" for a no-win and absurd situation, a paradoxical situation from which an individual cannot escape because of contradictory rules or limitations. We've certainly invented a whopper with Colorado Constitution Article X Section 3.5 and HB14-1373. 

This macabre situation boils down to coming home alive but disabled after service and save a little money on your property taxes versus dying on duty so your spouse can pay more property taxes. What great choices!

Not that any soldier, sailor, airman or Marine gets to make such a choice; too often, guys in uniforms much different than ours decide that for us by shooting or launching RPG's in our direction. 

Next stop: either:
  (1) the nearest field hospital or
  (2) an aluminum casket with Old Glory across it.

Catch-22. Colorado's Disabled Veteran Survivor Property Tax Exemption.

SAMPLE MESSGE TO COLORADO STATE LEGISLATORS FOR GOLD STAR WIVES' PROPERTY TAX EXEMPTION

Colorado residents, there's a sample letter or email below that you should send your state senator or representative (around the end of June is the best time) as we fight to get the same property tax relief for Gold Star Wives as Colorado gives survivors of disabled veterans. 

Here are the names of Colorado's 35 senators and state's 65 representatives.

"In the spirit of the Assembly of the State of Colorado Senate Joint Resolution 21-010s, issued April 5, 2021 in honor of Gold Star Families, I strongly urge in 2022 much more substantive respect be shown Gold Star Wives with your support of 150 survivors whose spouses died on active military service.

As the needs of Colorado and its citizens form the 2022 legislative agenda, please support their inclusion in the Disabled Veteran Survivor Property Tax Exemption. The only reason they are denied the benefit is that their spouses died on active military service.  Only the line-of-duty death of their military spouse disqualifies Gold Star Wives from the same modest state benefit extended to survivors of our totally disabled veterans.

Language in Article X Section 3.5 (1)(b) of the Colorado Constitution provides for survivors of totally disabled veterans and of the Senior Homestead Exemption. Illogically, the phrasing completely disqualifies survivors whose active-duty military spouses lost on active duty. Article X Section 3.5 (1)(b) reads, in part: 

 (b) The owner-occupier is the spouse or surviving spouse of an owner-occupier who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection

 

In 2014, HB 14-1373 dealt more directly with homesteaders' survivors, providing for "the surviving spouse who takes possession of the qualifying residence of a deceased."  Again, active duty troops' survivors were disqualified unless the family owned a Colorado home when the military spouse died – most military families, especially the young and junior ranks, do not own homes. Personal income and the frequent necessity of their transfers often makes home ownership illogical except as they near retirement. 

The language of HB 14-1373 also worked against the hopes of survivors stationed out of Colorado but hope to return or establish residence here. 

Colorado denies the exemption to survivors of active-duty military because their spouses died. Those servicemembers will never come home as disabled veterans, alive to be "previously qualified" for the exemption for which they never had the chance to apply. 

They died instead of being injured. Benefit denied the surviving spouse.  This is a too-gruesome "Catch-22".

It is also an illogical distinction between active duty troops' survivors and veterans' survivors. Perhaps our legislators did not intend to disqualify military survivors, but did they overlook the fact that not every soldier, sailor, airman or Marine will be coming home alive? Did they overlook the fact that America has been at war for the last two decades?

LSC estimates a total only 150 widows and widowers, survivors of active duty servicemembers. The state's homestead exemption benefits over a quarter million Colorado homeowners and their survivors. 

Gold Star Wives are just 0.0006% of that population. LCS says coverage for them would under $100,000 with negligible administrative overhead. Hardly an insurmountable hurdle for Colorado!

Perhaps today's wiser Legislature needs to include the death of an active-duty servicemember in its definition of "disabled veteran."

Sample Association resolution: "Extend Disabled Veterans' Survivor Property Tax Exemption to Gold Star Spouses"

 Here's what has been proposed to the American Legion, although in no way approved yet It needs post approval, then district, before the Department of Colorado can decide on it. Again. only a draft. (May 5: modified to forward the resolution only to UVC for them to consider.)

=====================================

Leave a buddy behind? Never! Leave his widow behind? GOD FORGIVE US, because we've done so in Colorado!

I WILL NEVER LEAVE A

FALLEN COMRADE TO FALL INTO THE HANDS OF THE ENEMY. 

That's a standard first set by Rogers' Rangers in 1756 and a formal part of today's Ranger Creed. It is perfectly understood by every American soldier, sailor, airman and Marine:

 "I’m not going to leave my buddy on the battlefield if he’s wounded, I’m going to try not to leave him on the battlefield if he’s dead.”

I know that if I fall in battle, all of America's military might is there to get me out. And just as understood, never do we leave our buddy’s spouse behind. For my buddy's family will always come before my own.

I know that my deceased crew mates Larry, Ed, Mattie, the Gif, Gabby, Bob, Arch, Turcotte, Paul, Fred, Bill, Aaron, Ski, Gail, Maylene – they knew we got flight pay and hostile fire pay because of the risks we signed on for. Also, they all knew we would never abandon their loved ones. I know all two million now in uniform plus every veteran, was there to protect my wife and kids if I hadn’t made it back to base. At least, that's the case everywhere in the US, except that in Colorado it has been a hard sell. 

Here in the great mile-high Centennial State, we've dropped the ball when it comes to Gold Star Spouses, survivors of troops who die on active duty. We protect our disabled veterans' survivors as is right and proper, but we've excluded every one of the 150 surviving spouses of an active-duty death from eligibility under Colorado's Disabled Veteran Survivor Property Tax Exemption.

As an old soldier I find this abhorrent and a dishonorable state action in the extreme. We've left our buddy's spouse behind and there's just no excuse. Certainly, none that a fallen troop, a soldier husband or soldier wife, would accept!

We let this happen through oversight about legislation that created the disabled veterans' spouses' exemption in 2006 and 2014. In doing so legislators specifically used language to disquality around 150 Gold Star Spouses:

."..the surviving spouse of a disabled veteran who previously qualified for a property tax exemption for the same residential real property under paragraph (a) of this subsection (1)"

See our problem? A widow qualifies only as the survivor of a veteran who was already getting the exemption, language making it impossible for the widow of an active military line-of-duty death to be included. In an old movie and an older, very insightful book this was called "Catch-22." 

I've never seen a worse or more gruesome Catch-22! Let's get the United Veterans Coalition and every state legislator behind the correction.UVC, let’s correct this by 2022!

"New" 2019 Data on Gold Star Wives: from Colorado's Legislative Council Staff

 Just uncovered in our effort to protect survivors of active-duty line-of-duty deaths: Acting on the request from a Colorado state representative, the Legislative Council Staff (LCS) researched the addition of Gold Star Wives to our Disabled Veteran Survivor Property Tax Exemption and it is nowhere near the big numbers first anticipated.

LCS calculated around 150 potential widows/widowers might be made eligible, for a cost to the state budget of just $95,000. This is much more doable than the earlier estimate of nearly 1000 exemptions with the cost of just under $1 million. I think the number is higher, perhaps a couple hundred.

This is much more doable than the earlier estimate of nearly a thousand exemptions with the cost of just under $1 million. Still, it is a cost that must be matched by a reduction somewhere.

Other stats from the Colorado Fiscal Institute and other sources have been identified that help clarify things:

-addition of Gold Star Wives is just a 0.0006 fraction of the overall homestead exemption, or 150 compared to 450,000, and a similarly small portion of the vets/survivors' population of 5500 souls.

-veterans and survivors exemptions are only 2% of the overall homestead exemption
-disabled veterans; survivors include the only under 65 years of age population eligible for exemption

-52% of active duty troops are married and thus, potentially 52% of active duty deaths leave Gold Star Spouses. Overwhelmingly, and sadly, deaths are heaviest among younger troops, averaging age 30. This is always the case in war

-Nationally, around 27% of homeowners are age 35 or younger with an even lower percentage for active-duty military.

These numbers should help calm the "sticker shock" otherwise expected from legislators and state budget officials, and they also help move this project along as we firm up specifics. Thank you, LCS and the state representative who raised the issue with them in 2019. This really helps!

Some more statistics:

-Active-duty servicemembers have lower homeownership rates (mean 43%) at younger ages than veterans (78%) and the population as a whole (68%,) but they have the highest homeownership rates (71%) in the 55-up age group

-Home ownership by veterans is greatly benefited by VA loans, and by the steady disability or retirement income many have.

-Home ownership by active duty servicemembers is also benefited by VA loans, and steady, easily verified income. Ownership is made much more difficult due to frequent transfers, and there is a significant initial home ownership surge at retirement age

-As homeownership is an important wealth-building tool (Goodman and Mayer 2018), smaller
homeownership gaps by race or ethnicity also means smaller wealth gaps. According to the Panel Study
of Income Dynamics, the black-white housing wealth gap in 2017 was $48,500 for households with veterans and active-duty servicemembers ages 35 and 54, but the gap was $71,500 for nonmilitary households. Too many younger totally disabled veterans never have the opportunity to acquire wealth or home ownership due to income limitations, even with the VA loans.

-Veteran households (non-disabled) and active-duty military households have higher median household incomes than nonmilitary households, $70,000/yr vs. $60,000, with communities of color having lower race disparities than the general population.Household income also varies by military status, age and length of service. 

-The average income is $90,800 (with benefits' value included) for active-duty military households, $87,600 fo non-disabled veteran households, and $85,000 for nonmilitary households. Spousal income is lower for active-duty military than for veterans and the general population.

-

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."

 

Met With American Legion Post, Fort Collins

I had an invitation this evening to request a resolution by the American Legion Post in Fort Collins. The subject:
Gold Star Wives. The resolution has to be voted on locally in order to proceed to the district, and then the Department of Colorado. I enjoyed a free beer and help with my wheelchair!

Here's the resolution:

WHEREAS, Since the Revolutionary War, more than one million American soldiers have died in battle and military conflicts; their families, who have endured these losses and the accompanying grief, are known as Gold Star Families and their spouses as Gold Star Wives; and Gold Star Families are a living legacy of each fallen soldier to help us all remember and honor these heroes by name and deed, and

WHEREAS, on April 5 2021 the Seventy-third General Assembly of the State of Colorado issued Senate Joint Resolution 21-010, resolving on behalf of the citizens “That we, the members of the Colorado General Assembly, honor the pride and the pain of the parents and partners and children and siblings of our fallen heroes who lost his or her life serving our country and protecting our freedom; and recognize the families of these proud patriots with an expression of profound gratitude and respect” and

WHEREAS, in 2006 the citizens of Colorado overwhelmingly approved by amendment to the State Constitution Article X Section 3.5 the Disabled Veteran Property Tax Exemption for totally disabled service-connected military veterans; and in 2014 the Colorado Legislature established the Disabled Veteran Surviving Spouse Property Tax Exemption for surviving spouses of totally disabled veterans already in receipt of the exemption by HB14-1373, and

WHEREAS, the sacrifices of Gold Star Families are to be honored with respect as well as material support and

WHEREAS, surviving spouses of servicemembers who die on active duty are only by the technicality of their servicememember’s death not being in receipt of the exemption thereby denied the exemption, and

WHEREAS, this distinction between survivors of totally disabled veterans already in receipt of theDisabled Property Tax Exemption and survivors of active duty servicemembers (“Gold Star Wives”) denied the exemption solely due to the death of their spouse while in service is an offense to the honor of the State, contrary to the Seventy-third General Assembly of the State of Colorado Senate Joint Resolution 21-010, and contrary to the intentions of Colorado citizens’ approval of Article X Section 3.5 as presented in the 2006 Referendum E, and

WHEREAS, the Colorado Department of the American Legion and the Gold Star Wives are both member organizations of the United Veterans Coalition of Colorado, and

WHEREAS, either a legislative or constitutional amendment process being necessary, it may suffice that a redefinition of “disabled veteran” to include a death on active duty, or other such procedure as theGeneral Assembly shall direct; and that surviving spouses of Colorado Air and Army National Guardmembers who die while activated by the Governor for State service should also receive such respect and benefits, it is therefore

RESOLVED, by the George Beach Post 4 of the Department of Colorado that inclusion of unremarried Gold Star Wives and unremarried surviving spouses of State National Guard members who die while activated by the Governor for State service, be included in the Disabled Veteran Survivor Property Tax Exemption because it is both necessary and proper, that the United Veterans Coalition be informed for this to be part of its state legislative objectives until acted upon; and the Colorado Board of Veterans Affairs and all relevant committees of the Colorado General Assembly be informed of this Department’s wish that efforts by them be undertaken for inclusion of Gold Star Wives in the Disabled VeteranSurvivor Property Tax Exemption with a goal of implementation before 2023.

A possible solution: redefine "disabled veteran" to include deceased active duty servicemenbers?

 Perhaps this approach can work. I've found House Bill 14-1737 which added surviving spouses to the exemption for totally disabled veterans. Apparently this was done under the umbrella of the state constitution's Article X Section 3.5 which made no mention of survivors – the legislature just did it.

Can the legislature do it again? Can't the legislature define an active duty servicemember who dies in the line of duty as a disabled veteran? That might work to pack into Article X Section 3.5 our few Gold Star Wives. The new text is in red

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

 

Scan codes to download our Gold Star Wives Property Tax Exemption briefer and our Powerpoint talk

These will be go to our Google Drive files for the most current version of the one page brief, the longer full background report, and the PowerPoint presentation that's been used so far. The Colorado National Guard is mentioned throughout but will be only more generally referenced in a later version.

1.The two page shortest possible handout is linked here.

2. Full 12-page brief:
Link: https://drive.google.com/file/d/1N0HT08Ykq4gHjoQnB-8zU4dudaWLtdLn/view?usp=sharing

3. PowerPoint briefing (18mb): Link: https://drive.google.com/file/d/1SpTlf_i0ttwSEjTuuC4TWbNR6S5CSU5O/view?usp=sharing

4. Background Files Collection (120 pages)
Link: https://drive.google.com/file/d/15k0Ee2ddxtgJtzP4_pH_S7qUnL36VEHZ/view?usp=sharing

SITREP 24 Apr 2021: Stalled??

Stalled? Well, certainly not much interest, although everyone'a so polite. After all, how can anyone not be compassionate towards Gold Star Wives?  What about the argument "Equal taxes for Gold Star Wives?" Does it just fall flat?

Well, too often there's only mild concern about this problem with Colorado's Gold Star Wives' property tax issue. In six years I've had conversations with United Veterans Collation, chiefs of staff in Denver, legislative assistants and others. I've sent out over 500 emails with but two or three responses, including a very nice one recently from Senator Joann Ginal's staff here in Fort Collins. 

Perhaps this will be something our local senator will get behind, for which I'm grateful even for her briefest consideration of the issue. From her colleagues, from other directions, other places. Nothing.

Nothing.

"Not my problem, but perhaps you could talk to your legislator." 

"We can't do anything on survivors' benefits. That's (fill in the blank) responsibility." "Maybe next year."

"We need all possible questions answered before we can possibly discuss this." (BTW, I'm 75 years old, quite ill, sucking oxygen, worried about whether my cancer is gone, homebound and I've only got a few thousand dollars budgeted to throw at the issue. It isn't like I'm able to do this myself: Rather, I pretty much expected responsible public servants and veterans advocates to see a problem when laid out before them and discuss how it can be resolved. Yeah, right. 

Since 2016 when I first brought this to the attention of UVC, there's been ZIP, zero, nada, nothing. I thought the issue of Colorado making Gold Star Wives pay more property taxes than survivors of Colorado's 100% disabled veterans would strike many Coloradans as wrong to the core. Nope.

League of Women Voters, University Women clubs, veterans organizations, DMVA, DOLA, other state agencies – almost universally no response at all. The folks I was to speak with are disappointed to learn that Gold Star Wives whose spouses died on active duty are denied the same partial property tax exemption. granted survivors of totally disabled veterans. They're somewhat taken aback. Saddened, a little. Disbelieving that the state would do that to military widows. Disappointed.

Disappointed, but not pained enough by this gruesome distinction between the two types of military widows that anyone seems to be willing to do anything. Other issues crowd Colorado's United Veterans Coalition state legislative agenda for 2021, just as they have in 2016, 2017, 2018, 2019, and 2020. The other issues are important, of course, but so is unjust taxation of active duty widows. 

I'm puzzled: How could UVC have a (very worthy!) goal of property tax relief VA Total Disability for Individual Unemployability (TDIU) disabled veterans (wonderful – a goal I've also advocated directly and thru the UVC since 2015!) but not Gold Star Wives? Logically, conscious state leaders would balk at tens of thousands of TDIU claimants, but not at under a thousand Gold Star Wives. Logically, both issues are so tied to the same Article X Section 3.5 that they both should have been legislative objectives, either jointly or as separate issues.

I need to remind myself of Ecclesiastes 9:10: “Whatsoever thy hand findeth to do, do it." Sounds reasonable...just keep doing it as best we can.

with thy might.”I'm amazed, because this is an issue guaranteed to get a virtually unanimous vote if it could ever reach our legislators. After all, imagine the news photo of the very few politicians who would raise their hands in opposition to legislation permitting Gold Star widows the same property tax exemption granted survivors of totally disabled veterans.

There are so few Gold Star Wives. Especially few are the Gold Star Wives whose spouses died on active duty. The best guess is Colorado has fewer than one thousand men and women survivors of troops lost on active duty. The number pales against the numbers receiving the Homestead Exemption – the total disabled veterans and survivors are only 2% of the general homestead exemption category, and active duty widows/widowers a terribly smaller percentage of that.

Here's the sum of a couple thousand dollars spent trying to get some action and six years of writing, calling, visiting, emailing and glad-handing:
1. A single state senator's staff called me once and emailed me twice, and is still looking at this
2. A Zoom meeting on April 19 2021 to explain what I had on my mind, but "where is the money to come from" and "what legislators are behind this" and "we can't say anything until we see some legislation." So much for my hope of leadership from the Governor or Lieutenant Governor. It isn't that they are supposed to help, but it would help, Help a lot. I expected a genuine "that's terrible, and must be fixed because by God we don't treat war widows that way."
It never came. Instead, "thanks for your input, good bye." If there was help to be offered, or even mild encouragement, not that day. Nor any other day.
3. Two emails came back from folks directing the UVC state legislative effort. They explained GSW was represented in the coalition. It was good learn that CSW could submit the issue for next year's legislative objectives and that is was seemed "reasonable." Indeed. I thought UVC was the best place to turn for action. That's what I thought last month. That's what I thought six years ago.
4. I received an email from a wonderful state Gold Star Wife explaining that their organization is sensitive to Colorado's budget issues during 2020 and 2021, and they don't want to add to the tax burden of their fellow citizens. They are also grateful to the Colorado National Guard and feel survivors of Guard members killed on active state or federal service should be included in any property tax exemption.
They feel next year or 2023 might be a more appropriate time to seek action. I have to admire their patience and self-sacrifice, not only as Gold Star Wives but in the great caution they take to avoid a state budget impact. Willing to let my family have the small property tax exemption that rightfully should have gone to them as the first priority of the government and citizens of Colorado.

Gold Star Wives discussions continue at the Colorado National Guard Association

 

Visiting with the Colorado National Guard Conference

Great opportunity to discuss efforts to get property tax exemptions for Gold Star Spouses, not this year but working toward 2022 or 2023 at the latest.

Great opportunity to discuss efforts to get property tax exemptions for Gold Star Spouses, working toward 2022 or 2023 at the latest.

 

Equal Treatment for Colorado Gold Star Wives!

 

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

Colorado's Curious Management of its Disabled Veteran Property Tax Exemption, & the "Unemployability" Disqualification (updated May 12, 2021)

Five years ago I wrote about the curious sleight of hand employed to sell the voters on a worthy Colorado constitutional amendment but then the enabling legislation delivered a greatly watered-down statute. 

I backed off the subject after the United Veterans Committee (now United Veterans Coalition) made clear its nonsupport at that time. Understandably, it was best to avoid conflict and not mess up the carefully-crafted UVC legislative agenda. Happily, I understand that UVC has a related bill to increase the exemption as one of the 2021 objectives. Unhappily, I feel its cost of over $19M leaves no chance of success and UVC and the bill's sponsor might instead have pushed for Gold Star Wives and/or TDIU disabled veterans.

I refer here to Referendum E from back in 2006. Our legislature generously proposed a constitutional amendment (Article X Section 3.5) to provide a small partial property tax exemption to totally disabled veterans. Note the wording: "totally disabled veterans." Let's follow that bouncing ball of how definitions of  "totally disabled veterans" kept a-changing – and to finally covered as few vets as possible:

Here is the full text of Referendum E to amend the state constitution:

"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.”

This is important: Note the "one hundred percent permanently disabled" and the separate phrase, "due to a service-connected disability." Here in Colorado those words are now interpreted to be one kind of totally disabled veteran but could be read to refer to two kinds. That's right. VA has two different types of totally and permanently disabled veterans. "TDIU" for total disability for individual unemployability" and 100% service connected disabled for vets with a disability, or group of disabilities when added together, equalling 100%. 

Here is how the Legislative Council told us via the Blue Book what we were voting for:

"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."

An overwhelming 85% of Colorado voters approved this worthy benefit for those who served our state and nation. But then the lawmakers themselves got involved and took a fire hose to the benefit, watering it down quite a bit.

When Denver finally enacted legislation for the mechanics of Article X section 3.5 to work, Referendum E ended up much less broad than what we approved. The number of qualified recipients of the benefit was cut by more than half to protect budget resources for other projects.

Here is the actual text that finally delivered Referendum E to us as law:

"(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 a one hundred percent permanent disability through disability retirement benefits pursuant to a law or regulation administered by the department."

And next, here is the Colorado Department of Military and Veterans Affairs form for applicants, where there are two portions describing "totally disabled veterans."

"A “qualifying disabled veteran” is a person who meets each of the following requirements
- § 39-3-202(3.5), C.R.S . A “qualifying disabled veteran” is a person who meets each of the following requirements - § 39-3-202(3.5), C.R.S.• The veteran sustained a service-connected disability while serving on active duty in the Armed Forces of the United States. This includes members of the National Guard and Reserves who sustained their injury during a period in which they were called to active duty. • The veteran was honorably discharged.• The federal Department of Veterans Affairs has rated the veteran’s service-connected disability as a one hundred percent permanent disability through disability retirement benefits pursuant to a law or regulation administered by the department"

– and from the back page – 

"2. DISABLED VETERAN STATUS: To qualify, both questions must be true and you must attach a copy of your VA award letter verifying that you have been given a permanent disability rating by the VA." 

CDMVA web site:

"The Disabled Veteran Property Tax Exemption is available to applicants who sustained a service-connected disability rated by the Federal Department of Veterans Affairs as a 100 percent permanent disability through disability retirement benefits pursuant to a law or regulation administered by the Department, the United States Department of Homeland Security, or the Department of the Army, Navy or Air Force. VA unemployability awards do not meet the requirement for determining an applicant’s eligibility." 

So, after all this reading, do you see where the disabled veteran property tax exemption got watered down by more than half? It was through the disqualification of veterans rated totally and permanently disabled by VA for "unemployability." Tossed into the program are the words, "VA unemployability awards do not meet the requirement for determining an applicant’s eligibility."  Note that these TDIU people aren't veterans who are out of work, but instead vets who've been evaluated as being physically unable to ever work. And are monitored to make sure that remains the case.

Side note: the constitution included as eligible veterans those who were medically retired by their service as 100% disabled. The fourteen words describing these vets were left out of the law until 2016, when HB16-1444 brought the tax legislation into accord with the constitution.

(Here is an analysis I prepared in 2016 when I last worked on disabled veteran unemployability tax exemption issues.)

VA "unemployability" is its 100% disability rating for vets with at least one 60% service-connected issue and whose overall disabilities are so severe, so far beyond the scope for which VA assigned the 60%, that any meaningful employment is impossible. VA has other rating of "catastrophically disabled" but even when a vet is rated both unemployable and catastrophically disabled, that doesn't meet CDMVA's redefinition of Referendum E also is awarded to vets with at least a 60% service-connected disability:

"Veterans are considered to be Catastrophically Disabled when they have a severely disabling injury, disorder or disease that permanently compromises their ability to carry out the activities of daily living. The disability must be of such a degree that the Veteran requires personal or mechanical assistance to leave home or bed, or require constant supervision to avoid physical harm to themselves or others."

 Let's note that VA has two kinds of unemployability awards. The first is temporary or "IU," meant for periods of uncertainty about recovery or rehabilitation after surgery or illness, and the second is permanent (TDIU) for exactly that – permanent disability for life. TDIU veterans not only are medically determined to be unable to work, they are also carefully evaluated for that situation by the Veterans Benefit Administration before given the rating. Finally, they are carefully monitored by VA to check that they remain unable to work and both Social Security and IRS records are checked. 

Because Colorado references the VA totally disabled rating everywhere, we should look at how VA itself describes a totally disabled veteran. Read carefully and compare to Colorado's absolute disqualification of TDIU vets from the Disabled Veteran Property Tax Exemption. Here is the VA Office of Inspector General's very appropriate definition:

"Veterans are considered to have total disability when they have a 100 percent disability rating due to service-connected disabilities or if their service-connected disabilities make them unemployable. For the total disability to be permanent, the law requires the disability to be “based upon an impairment reasonably certain to continue throughout life."

"The Veterans Benefits Administration Inadequately Supported Permanent and Total Disability Decisions",

    VA OIG 19-00227-226, Page ii, September 10, 2020

Clearly,  veterans with total disability, including TDIU, is what voters thought they were approving by votes for Referendum E back in 2006. So where did the Colorado prohibition of unemployability for the benefit come from?

I asked CDMVA and they said ask DOLA. I asked DOLA and in 2014 was told "some legislators" wanted that limitation. Legislators. Not the voters. Legislators introduced (snuck in!)  their own idea of
disqualification into what voters more broadly approved as our constitutional amendment.

My view: Veterans with a 100% disability rating, including TDIU, were provided the small tax exemption via Referendum E when we voted approval. TDIU eligibility should be corrected by legislative action. I do not favor broadening the Disabled Veteran Property Tax Exemption below the 100% disability level as the impact would be far too burdensome on taxpayers. 

Further, veterans often have disabilities common among folks their own age group, such as COPD, diabetes, hypertension and hearing loss. It would be unfair to a taxpayer with COPD to pay full property taxes while the veteran neighbor with a 50% COPD disability rating doesn't. The obvious need for tax relief is for survivors and the totally disabled veteran! Full stop.

Conclusion: A few legislators hijacked Referendum E and Article X Section 3.5 of the constitution, doing decades of harm to a large number of otherwise qualified Colorado totally disabled veterans and their survivors.

Time to set this right! What say you – Is 2022 too soon?

Mission Statement & Initial Plans for Gold Star Wives 2022 Property Tax Initiative

CLICK to download this 5-page outline of this goal for Gold Star Wives to get the same property tax relief as do survivors of disabled veterans.

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!

 

Scan our QR code for the Gold Star Wives briefing packet

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