Was told I should not have been given a copy of my ruling?

[allansc2005]

OK folks, wasn't sure if this is the right Forum for this question/incident, but it is an Entitlement(I think).

 

Back in January of this year I was awarded, on the spot, P&T IU, as well as an CUE via a RO formal hearing.

After months of waiting, waiting...on some kind of paperwork, not to mention a bank deposit, I decided I would go check with the county VA office.

The county VA office printed me out a 'preliminary' copy of the award, I gave them a smile, a "thank you" and proceeded to the local car dealer, bought a new car, used the award to exempt myself from property taxes on that car, and drove home a happy camper.

The next day the county tax assessors office called me and said they couldn't exempt me from the property taxes on the car because the award I gave them wasn't "official", and that I had 90 days to either come up with an official letter stating I was 100% disabled, or I would have to pay the property taxes on the car, which for a BMW 745 is just under 3k!

What the $%^&?!

Anyway, so this morning I go back to the county office and ask them what's the deal with the so-called "award" letter not being "official"? The Super told me that the clerk should not have given me a copy of the award in the first place, and after asking why not, the Super told me that "The award we printed up for you is not a final decision award, because of the large amount of money involved in your case, the award takes 3 signatures before it's actually approved...and my award hasn't reached that level..."

What?!

Has this happened to anyone else? Should local/county VA offices deny you a copy of your award, no matter what "phase" it's in?

 

Allan

2-2-0 HUAH! 

 

 

[allansc2005]

Bronco, the letter head does say "___ Regional Office...", but it's a 4 page document that does say, among other things, "Entitlement to individual unemployability is granted effective......" I was JUST told by another veteran via email here that because this letter does not state "Veteran is rated at 100%...", that the tax office probably doesn't know what P&T IU is, and therefore denied me tax exemption on the Beemer.

The woman who just emailed me also stated that the "big white envelope" which I should get sometime this century, will contain all the documents I will need to get tax exemption, get a retiree ID card...etc.

 

Monday I will send an email to my Senator about these issues, and hopefully other vets will be saved the agony.

Allan

2-2-0 HUAH!

 

 

 

 

[broncovet]

Dont send an email to your senator just yet.  They wont be able to get it any faster.  It will delay you instead.  

VA has  a habit of NOT specifying P and T.  Its irritating.  If you are P and T, then it should say, "no future exams are scheduled" and/or "eligiblity to Ch.35 for dependents is established".  VA assumes everyone  works for VA and knows all their lingo.  That is, "no future exams are scheduled" means P and T.  

The ebenefits letter should clear that up.  

I suggest you call your county tax man and explain the VA is backlogged, and you will get him the proper letter as soon as its available.  

You may NOT have been awarded P and T..I dont know I have not read your letter.  There is 100 percent P and T, and there is 100%.  (Temp, subject to improvement).  

You can cut and paste your letter, but not your name or address.  Does it say "future exams are scheduled"?  

IU is normally not granted "temp"..its permanent.  Many places understand VA lingo that TDIU equals Permanent and Total.  Your tax man may not get that.  

VA should write you a letter to the same, but it takes them forever, unless its on ebenefits.  MY VAMC has a special person dispatched who works for the VARO who will look online and say, "Yep, you are P and T" and typed out my letter and signed it..  See if yours has such a person before writing to your senator.    Are you sure you checked ebenefits???Check it again, under "letters".  You can print out your own.  

Sometimes, tax benefits (Veterans) specifically state "permanent and total OR TDIU".  Did you read the applicable regulations?  Try that.  Sometimes they say "P and T", but say nothing about TDIU.  

Edited April 15, 2017 by broncovet

[broncovet]

Correction:  I reread the laws on VA unemployability.  Its considered temporary as you have to fill out a form that you have not been employed each year.  

Unless your county/stat specifically allows your tax exemption on  TDIU, then you may have to pay sales tax on your beemer.    IU is NOT the same as schedular.  Read 38 CFR 4.16 and 38 CFR 4.18 which are equally vague.  I just know that if you are TDIU, you have to send in a form every year, that you continiued to be unemployable.  

If you find it in the regs, (VA or your county/state), and its favorable, take a copy to your tax man.  If its not in the regs, then "agencies" have authority to interpret regs as they see fit because of the Supreme court "chevron deference".

https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natural_Resources_Defense_Council,_Inc.

Edited April 15, 2017 by broncovet

[MikeHunt]

22 hours ago, allansc2005 said:

 I would have to pay the property taxes on the car, which for a BMW 745 is just under 3k!

Well, sounds like the county is just doing it - for the same reason the VA brutalizes Veterans-

Because they can.

The avg citizen can't fight the VA- or the county- while there may- or may not- be a way to ultimately compel them to do so, it would cost more than the tax, unless you're very resourceful.

I'm really not sure I got the actual standard for no tax- Was it Perm and total, or just 100%?

The VSR types the award letter shortly aft the rater's narrative (which is what you got, if I understand correctly)

There's also the 'Codesheet', which is uploaded into VBMS, but rarely mailed. It will say 100% on it.

It's corollary to the actual $ award; so, if you got the money, then it exists.

You did get the money????

[allansc2005]

Bronco, the letter does say "Basic eligibility to Dependents' Education Assistance is granted...", and also, there is nothing that says anything about future appointments. The award is a P & T IU, no doubt. I was told at the Review Hearing, by the Review Officer, that he granted me P&T IU on the spot, but this I knew already. 

 

UPDATE: 1:32 PM

Was just informed by a neighbor who owns a car dealership that the award that I have(the one I wrote about here) will get me an extra 90 days to get my "official" award from the VA, the one that says "100%", before I will have to pay any property taxes, at which time I will be exempt.

My state allows one house, condo...and 2 cars that are exempt from property taxes for veterans who are 100% scheduler OR P&T IU.

 

Also Bronco, nope haven't got any money yet, but as Berta and others have told me, I need 3 signatures to get a total of 100k+ in retro, and from what I've read that could take a few months. I was just awarded IU and CUE on January 27th, 2017, and the CUE was awarded back to 1990, IU back to 2007.

 

Allan

2-2-0 HUAH!

 

 

Edited April 15, 2017 by allansc2005

[allansc2005]

Mike, as I mentioned to Bronco, because the amount of retro I have coming, 100k+, it will take 3 signatures to get it done, and 3 signatures to the VA=MONTHS. I got my awards 1/27/17, by the way.