marine0816

This is a letter I sent to the legal office that wrote the article listed below. They only offer assistance to active duty, retirees and their family Thanks for all the replies Special Consideration for legal aide for 100% PT Disabled Veteran for MD Property Tax Exemption Retroactive Payments Hello, I'm a Marine Corps 100% Permanent and Total Veteran and live in Maryland and I recently received my decision from the Board of Veteran Affairs(BVA)backdating my Permanent and Total effective date to November, 28 2013. I asked the Treasurer of the County to send retroactive payments for when I payed property tax from the date. He told me he was not familiar with the law and stated that he never gave any Veteran retroactive payments for property tax and would not issue any refund. Additionally I emailed and employee from the tax office and she stated that it was possible under Property Tax Code 7-208 (g) (1) which states: "in the taxable years in which an exemption under this section was authorized but not granted, the governing body of a county or a municipal corporation may authorize, by law, a refund to an individual described below who receives an exemption under this section:" I also searched the internet and found the below and attached article by your office by Yosefi Seltzer titled Property tax exemptions may apply to disabled veterans, surviving spouses.http://ftmeadesoundoff.com/communitynews/allthingslegal/property-tax-exemptions-may-apply-disabled-veterans-surviving-spouses/. The key excerpt states: "If the veteran or spouse was entitled to an exemption prior to the application’s approval, the Maryland Department of Assessments and Taxation is authorized to issue a retroactive refund including interest on the exempt amount of taxes that was previously paid". Reading the article I interpret it as favorable to me and that I should receive payments from November 18, 2013 with interest. The problem that I have is this is an unusual situation and I can't find anybody with legal expertise that can assist me. The County Treasurer has stopped returning my emails and is now completely ignoring me. I understand that I'm not eligible under your Office guidelines for assistance. But I'm an Iraqi Enduring Freedom Marine Corps Veteran and I do hold a DOD DD Form 2765 Military Identification card and able to access Military bases. I'm asking you to make and exception and offer me legal help with my special situation since you and your office authored the aforementioned article and in my opinion would be the most knowledgeable. If you can't make the decision unilaterally please forward this to proper channels for consideration. Thank you so much for your attention to this matter. Semper Fi!

The full code section of my my county is below https://codes.findlaw.com/md/tax-property/md-code-tax-prop-sect-7-208.html

I was awarded PT in January 2018 while I was pending appeal with the BVA for an earlier effective date. March 2019 my claim was granted and my PT effective date was awarded to November 2013 according to my ebenifits letter section. So I wanted my Maryland property tax exemption to retro back to my newly awarded PT date. So I emailed my Tax office and the person stated that she couldn't give me a refund and only the Treasurer could and she even quoted the code section that she thought might do the trick(down below). It took a week for the Treasurer to respond back and he told me he won't issue me the refund from 2013 because the code section said "may". And he wouldn't give me a reason and precedent for making his decision and now hes ignoring me.. What kind of attorney can help me with this? I already have a VA disability Attorney not sure if they can help with this case. Any suggestions? Do I even have a case? The email the tax lady sent me and the code section is down below. Thanks "Unfortunately I am not able to authorize any refund of taxes paid prior to the date you actually applied for the Veteran's Exemption. Under the Annotated Code, Tax Property Title 7-208(f1) of the Maryland Tax Laws states an exemption under this section is prorated by the supervisor for any part of a taxable year that remains after the date in the year when the disabled veteran or surviving spouse applies for the exemption. You may check with the County Treasurer's Office if they will grant a refund of prior years under Tax Property Title 7-208(g1), which states in the taxable years in which an exemption under this section was authorized but not granted, the governing body of a county or municipal corporation may authorize, by law, a refund to an individual described below who receives an exemption under this section." (g) (1) In the taxable years in which an exemption under this section was authorized but not granted, the governing body of a county or a municipal corporation may authorize, by law, a refund to an individual described below who receives an exemption under this section:

Just found out that my 100% property Tax is not truly exempt. I Have to pay $1200 a year for 10 years for some BS County school excise tax for new construction homes. Any other state/county Claim’s exemption for PT veterans but the fine print has them paying additional money? I also pay $100 a year for an environment waste fee, which I heared is standard.

Can't believe that I'm 100% Permanent and Total. With VA jerking me around for all these years, but without the help from Hadit I wouldn't be here. The fight continues at the BVA level to hold on to what I've got, but now I can rest a little easier. The property Tax Exemption and the free Dependent Tuition is what my injuries deserved and that is what I was pushing for. I've seen Rheumatologist, Podiatrist, Vascular Surgeons, General Doctors, VA Doctors Nurse Practitioners, combined, with hundreds of pages of medical evidence along with buddy statements to help solidify my case. If you look at my signature you can see my journey, the good years are the HADIT YEARS. Thanks to everyone that helped me out... FLASHBACK To my first post back in 2013.. WOW, I had no clue I would be here

Thanks. My RFE CP Exam was for my Raynauds. But the NP examined my raynauds and on all my frostbite injuries which include my nose and ears which are the ones up for appeal. I was told when you have a cp exam for one condition they tend to examine all your other conditions while you’re there. I got a 100% back in the summer and my chapter 35 benifits were held up due to pyramiding, they scheduled a Future Exam on my rating sheet. If they up my rating on my nose and ears the pyramiding wouldn’t be a factor.

I’m at the BVA level on my Appeal. I just got an RFE (Request Future Exam) CP exam done through VES.. if the RO increases my ratings per CP exam, what would happen to my appeal? Is there law or guidelines for when the RO changes rating during a pending appeal, through the BVA? Thanks

It’s New Years and my rep’s office is closed. Thanks for the link dealing with the 90 day letter. I wonder why that would trigger a new compensation claim.. I have been giving my rep updates on my VA appointments since it’s been at the appeal stage for the past 3 1/2 Years, I wonder if that’s part of the 90 day argument.

No new issues raised

My appeal is certified to BVA and my rep stated something about a 90 day argument. I logged on to ebenifits and noticed that a new compensation claim was submitted along with updated date on movement on my appeal.. anybody knows what this means? Thank You

I wish I can send you my award but I’m on vacation and I dont have access to none of my documents. I have cold injury disabilities and they said my rayuads is pyramiding my frostbite so once they sever my raynauds I will be back at 90% again. But my appeal is to increase cold injury to my ears and nose which would make removal of the raynuads a non factor. I have “impaired sensation” that was documented in the original C&P and in the new IMO but for some reason the VA doesn’t want the give it to me which would go from 10% to 20% ears, nose. If I’m drop back to 90% and put back to 100% the lawyer would get 20% off the the new retro if I’m awarded again.

The new IMO was cited in the SOC and they still said no "objective medical evidence". I'm increasing ears, nose from 10% to 20%

My SOC stated that there was no "objective medical evidence". But we gave New And Material evidence which included an IMO from a specialist. MY form 9 basically said that the SOC is not accurate because we gave the IMO in the NOD.

thanks for all your help, I was stricky going off from what my lawyer said and M28R, Part I I I, Section C, Chapter 3 stated.. I don't have my decision available right now to put it up here.. VA Form 9 appeal 28R-2FPart_III-2FM28R_III_C_3.pd page 12.pdf

Yes

I found this In section M28R, Part III, Section C, Chapter 3 March 8, 2013.. 6. Receipt of VA Form (VAF) 9, Appeal to the Board of Veterans’ Appeals The receipt of a properly completed VAF 9 is considered a substantive appeal. (a) The VREO must ensure that VACOLS is updated with receipt of the substantive appeal. (b) Additionally, the entire record must be reviewed to determine if further development is required. (c) If further development is determined not required, the VREO must ensure that one of the following actions is taken: • Award the benefit sought • Prepare the case for review by the Board of Veterans Appeals (BVA) • Determine if the appeal is deficient in specification of errors of fact or law

My lawyer just submitted the substantive appeal (form 9) to the RO, he stated that they will grant or send the claim to the BVA. I didn’t know they can still grant the claim at the form 9 step.. how often do they grant your appeal after submitting the form 9 to them? Thank you..

Yes this is why my other disabilities were on appeal to avoid this.. Just need to know how soon they can cut my 100% Thanks!

I received a partial award on one of my appeals which granted me 100%. Then soon after I find out they plan to sever one my ratings, citing pyramiding. Thanks

"Entitlement to Chapter 35 is continent upon outcome of proposed severance in reference to 38 CFR 4.14- please see Deferred Rating Decision, dated June 12, 2017" VA is already trying to cut my benifits I just got. WTF? This is demoralizing

The VA had erroneously combined rated 3 of my body parts when they should have rated them separately. My appeal has been over 3 years, my lawyer recently filed a writ which immediately triggered a SOC and awarded me a partial grant and a 100% rating.

good luck. i'm 90% with a lawyer going on 3 years. Lawyer will file a writ shortly...

Update: It was free and also I had the choice with Veteran Choice Program to go Private. I chose VA, the statement balance was $11,000 for the surgery for which I did not have to pay. The VA will break your Man Hood for free and also repair it if for free if change your mine...

I changed my mind. Got vasectomy 2 years at a private Doctor and and I decided 4 kids isn't enough. I have an appointment with VA Urology next month. Will it be free? thank you

awesome, thanks for the input. dont know why I have to wait so long. I want my medals but I dont think Ishould have to buy them. but Ill guess Ill wait.