I Need Opinions!

[JAB]

Hello, I'm new here so please forgive me if I'm posting this in the wrong place.

I am trying to find out if I can be rated "permanent and totally disabled" in order to qualify for County property tax exemptions. I currently receive 100% compensation from the VA for a 1151 claim and an added amount for being homebound. I'm also receiving SS disability. Before the 1151 claim, I was 30% service-connected for an unrelated illness.

I've been told that the 1151 isn't considered service-connected, so I can't be rated P&T, as required for the exemption. In my research, I've read online that a 100% disabled Veteran who is also unable to work shall be determined to be totally disabled and that after a period of time can be presumed to be permenently disabled, but the text wasn't from the US Code or my State Code.

If anyone has any knowledge about this, please comment and tell me if I'm spinning my wheels or point me in the right direction if it can be done.

Thank you,

JAB

[Berta]

You have pointed out the unfairness of Sec 1151 awards.

A Section 1151 recipient is "as if " service connected - a BIG difference from directly service connected.

Even the P & T Stutus might not get you what you want on the property tax thing- then again maybe it will.

CHAMPVA is denied to dependents of Section 1151 100% P & Ts.

I get CHAMPVA because my husband died with 100% P & T direct SC in affect.

He also died under Section 1151 because VA malpractice caused his death.

When I called CHAMPVA to ask them a question the woman checked my CHAMPVA status with VA and wrote to me that I no longer had CHAMPVA because Rod was 100% P & T under Sec 1151-not due to 100% P & T for direct SC - (that is true -100 % P & T under 1151 but the VA never admitted that before (I used this as evidence for a claim I have )

but I wrote to the Director of the RO and he immediately wrote to CHAMPVA and re established my CHAMPA as the veteran was 100% SC P & T under direct SC as well as 1151 SC.

We have considered exemptions here for vets in a small farm community- I get combat vet widows exception due to Rods combat service and also exemption due to fact his SC was 100% P & T-

I never saw your question raised anywhere before-

can you scan and attach here the exact wording of the tax office regulation? or does it specifically say that Sec 1151 claimants are not eligible for this?

Or if it is the P & T as sole reason they did not give you this tax break- are you able to get a P & T diagnosis from a real doctor that the VA would have to acknowledge as well as the tax people?

but

[Pete53]

JAB:

Welcome to Hadit. Anther route you might consider is talking to the people who grant the exemptions at the appraisal office that does your property value. If they say no than appeal it and meet the Board of Equalization who can give it to you.

Although not technically qualified you might be able to get it. Also I do not know what State you are in but in all probability you could talk to a Property Tax Agent who represents business and homeowners before the Appraisal District and for a fee they could probably secure the exemption for you.

Good Luck,

Pete

[JAB]

You have pointed out the unfairness of Sec 1151 awards.

A Section 1151 recipient is "as if " service connected - a BIG difference from directly service connected.

Even the P & T Stutus might not get you what you want on the property tax thing- then again maybe it will.

CHAMPVA is denied to dependents of Section 1151 100% P & Ts.

I get CHAMPVA because my husband died with 100% P & T direct SC in affect.

He also died under Section 1151 because VA malpractice caused his death.

When I called CHAMPVA to ask them a question the woman checked my CHAMPVA status with VA and wrote to me that I no longer had CHAMPVA because Rod was 100% P & T under Sec 1151-not due to 100% P & T for direct SC - (that is true -100 % P & T under 1151 but the VA never admitted that before (I used this as evidence for a claim I have )

but I wrote to the Director of the RO and he immediately wrote to CHAMPVA and re established my CHAMPA as the veteran was 100% SC P & T under direct SC as well as 1151 SC.

We have considered exemptions here for vets in a small farm community- I get combat vet widows exception due to Rods combat service and also exemption due to fact his SC was 100% P & T-

I never saw your question raised anywhere before-

can you scan and attach here the exact wording of the tax office regulation? or does it specifically say that Sec 1151 claimants are not eligible for this?

Or if it is the P & T as sole reason they did not give you this tax break- are you able to get a P & T diagnosis from a real doctor that the VA would have to acknowledge as well as the tax people?

but

Berta & Pete, thanks for the posts. Berta, good for you girl! You got in their face and got your CHAMPVA back. I suppose the old saying "The squeaky wheel gets greased" might apply. ;)

Berta, below is a copy & paste of the regulation.

I might add to my earlier info that after I was awarded the 1151 claim at 100%, it was a few years later when I was awarded the additional "housebound compensation" for a secondary disorder to the original 1151 claim and it too was rated at 100% but of course, they only pay me 100% total, which I'm content with.

It just seems to me like they're splitting hairs by saying that disability via 1151 isn't the same as SC disability, when it comes to entitlements. Heck, I was 30% SC before things started downhill. :)

****************************************************************************

STATE BENEFITS:

A. Homestead and Personal Property Tax Exemption: Veterans who have been rated, by the VA, as 100% service connected (Permanent and Total) or awarded Special Monthly Compensation for loss or loss of use of one or more limbs total blindness in one or both eyes are entitled to exemption of Homestead and Personal Property Tax. Widows, so long as they do not remarry, dependent children, during their minority, continue this entitlement. Widows, so long as they do not remarry, dependent children, during their minority, are also eligible for this entitlement if the veteran was killed or died in the scope of his military duties, is missing in action, or died from service connected causes as certified by the Veterans Administration.

[Berta]

"I might add to my earlier info that after I was awarded the 1151 claim at 100%, it was a few years later when I was awarded the additional "housebound compensation" for a secondary disorder to the original 1151 claim and it too was rated at 100% but of course, they only pay me 100% total, which I'm content with"

Say what!!!!!!

They do not send you extra comp under SMC?

If not you can fight that!!!!!- I am fighting a claim just like that now-1151ers are eligible for all levels of SMC.

The regs seems to hinge on direct SC- I would challange that with the tax people if I were you!

The 1151 regs have GOT to be changed-

I challenged Bonny V Principi almost 5 years ago and something with VA lately with my claims has caused this challenge to get to the place it should be at- OGC in Washington-and it could resolve a 1151 issue fairly for many.

It seems to me that if a vet is buggered or killed due to piss poor VA medical care they should get the same benefits and rights as direct SC vets.

We 1151ers are discriminated against in many ways by the VA.

By the way -who repped you and how long did your award take?

I dont see many like yours and I got a friend of mine 100% under 1151 and he got SMC too - couple hundred more a month-

Yet you say they are not paying you SMC?????

Hell= SMC comp could end up as more money per year then any tax break your property tax people wont give you !!!!!

[JAB]

>>>Say what!!!!!!

>>They do not send you extra comp under SMC?

Berta, I didn't make it clear and in fact, I DO get SMC. You can simmer down but I really appreciate the fire in your belly to help correct an unjustly policy. :)

What I meant was that even tough my % is over 100%, I get paid at the 100% rate, plus SMC and I should've mentioned that.

BTW, our real & personal property taxes are very high and certainly worth a fight, if I can get a battle plan.

Hey there Pete, the Board of Equalization is a good idea, maybe as last resort. So far the tax collector's office kicks the ball to the VA and says the only way to get the exemption is by getting the VA Form 20-5455 each and every year to certify that I'm "still" elgible. Maybe it's an automated "mail-out" if you ever get the 1st one.

heh, heh, it seems to me that if you're P&T which makes you elgible, the word "permanent" doesn't mean what I thought it means. ;) On 2nd thought, I think I remember reading that they can re-evaluate you, even though your P&T.

[Ricky]

Jab - is there a tax exemption for those p/t disabled or over 65? Most states have such an exemption so I was just wondering.

If I were you I would attempt the tactic that Pete suggested. Just take you VA award along with you SSDI award for the SS people have determined that you are P and T.

[JAB]

Jab - is there a tax exemption for those p/t disabled or over 65? Most states have such an exemption so I was just wondering.

If I were you I would attempt the tactic that Pete suggested. Just take you VA award along with you SSDI award for the SS people have determined that you are P and T.

Ricky, the DAV service-connected (P&T) is the only exemption. Taxes are frozen at their current amount if you are SSA disabled or when you turn 65 years old.

I'm beginning to think that our state legislature made a concious decision to exclude 1151ers from the exemption. I agree that disabled SC Vets deserve all the breaks they can get and even more.

The VA has determined that I'm totally disabled and although they don't use the word permanent, I'm not scheduled for any more "exams" (don't know the acronym) and this implies that it's permanent.

Berta, maybe we're the Rodney Dangerfields of DAVs because we just "can't get no respect". :)

[Berta]

Great advise-

And ask the VA for the P & T status too-

JAB if I were I would really look into the actual property tax laws -then again I think you already did- but I also think you could appeal any formal denial of this exemption and maybe in the meantime- as they process the appeal-you can get a P & T award-

It seems they are basing on P & T and not due to 1151?

Regardless-I would fight this-

I live in a small farm community and was part of the initial group of vets who were asking for veterans exemptions.

There were about 10 vets and me and then it pealed down to 5 of us-raising this issue at town board meetings-

The exeption idea passed and then much to my surprise they passed a widow's exemption too based on the deceased vets service.I had never even thought of that when the vets were pushing for this.

I am in 3 exemption criteria and I get 2-they can only exempt two

for any vet or widow.

It is a lot of cash they take off my taxes-

I am telling all this- because

2 years ago they made a big error in my execption and I had to get the tax regs and fight it.

By doing that I discovered that of our 2 tax assessors -one had no idea at all what a veteran's widows exemption was and the other one-who denied my exeption that year-had read the tax regs wrong.They were not involved at all- less then a page as to the widows exemption.In plain English.

Of course my exemption was restored. But I also realised that many vets and widows here might not be getting their exemptions correctly because the assessor had messed up mine so maybe someone else' to.

Dealing the VA for over 2 decades I have a good Rule of Thumb.

When you dont like what someone does or says and even if they have a regulation ,tax law, whatever it is-

it sure pays to check itself yourself.

[Berta]

PS- JAB

I am surprised that VA did not award you P & T with the 100% 1151 and the SMC-

Did they say why in that award letter?

[stillhere]

Do you get champus for the wife and education benefits for them? If you do then you sure seem to be P&T If you don't then something mire to try and go after.

On the tax issue in the state of Virgina they are the other way, they don't give hardly nothing to 100% P&T except a life time fishing license for 10$ :)

My wife's aunt who is disabled (heart) and retired gets the 100% exception.

Good luck! Stillhere

[JAB]

Do you get champus for the wife and education benefits for them? If you do then you sure seem to be P&T If you don't then something mire to try and go after.

Good luck! Stillhere

Stillhere, I don't get champus or educational benefits. They require the same SC P&T as the tax exemption.

>>>I am surprised that VA did not award you P & T with the 100% 1151 and the SMC-

Did they say why in that award letter?

Berta, in my 1st 1151 award letter that granted me 100% comp, the decision ends with this sentence "Elgibility to Dependents' Educational Assistance is denied as the evedence does not show the veteran has a total service-connected disability, permanent in nature."

Then, the 2nd decision (several years later) indicated that I have an illness that is secondary to the original 1151 claim, so both of these are considered 1151s and non SC. The SMC was granted in the 2nd decision.

Remember, I was originally 30% SC before the VA hospital made mistakes in my treatment, causing all the trouble. The irony is that if I hadn't already been SC, I probably wouldn't have been at the VA hospital where I left a lot sicker than I was when I went in. :)

I've spoken with the tax collector and the county judges office this morning and was politely told that I'm barking up the wrong tree and that they rely completely on the VA form letter to give the tax exemptions.

I'm not giving up though.

[buickx]

You have to check each state for taxes on your property. I investigated moving to Utah, and that state property tax is given based on your percentage...10%=10% off your property tax, up to 100%.

[Berta]

This all goes to show veterans- dont allow the VA to cause you disability or cause your death-

if you think your med care at VA is inappropriate-go to a real doctor-

CHAMPVA told me -when they apologised for my problem (it wasnt their fault) they said "Mrs Simmons you would be surprised at how many widows are absolutley shocked to find they have a Sec 1151 DIC award but no CHAMPVA and no educational benefits.Sometimes they even begin to cry."

All any widow (I saw a widowers claim too who tried to fight something like this) can do is try to prove the vet was SC 100% P & T and that the SC caused or contributed to his or her death.

I wonder how many even try to do that- the DAV told me at first I didnt even have any claims when Rod died- he failed to rell me I could re-open them.I knew better -how many widows or widowers of vets know that.

[JAB]

All any widow can do is try to prove the vet was SC 100% P & T and that the SC caused or contributed to his or her death.

I don't know how many Vets read these posts but if there's anyone that knows of a 1151 claimant that has been granted the ellusive "service-connected, permanent and totally disabled" status, please post the info, internet links or email me privately. If I could discover a predecent of this happening, I believe it would help my effort greatly.

OTOH, if anyone knows for a fact that this CAN'T be accomplished, please let me know and I might have to put this thing to rest and forget about it.

Jab

[Berta]

Only if the vet can succeed in a direct service connection claim that is 100% direct SC P & T.

[entropent]

I don't know how many Vets read these posts but if there's anyone that knows of a 1151 claimant that has been granted the ellusive "service-connected, permanent and totally disabled" status, please post the info, internet links or email me privately. If I could discover a predecent of this happening, I believe it would help my effort greatly.

OTOH, if anyone knows for a fact that this CAN'T be accomplished, please let me know and I might have to put this thing to rest and forget about it.

Jab

i do not believe you are entitled to chapter 35 benefits with 100 percent under 1151. this is typically what is meant by "permanent and total." however, i do believe you should be entitled to a letter stating you have a 100 percent permanent disability provided that you have no future examination scheduled. that said, it may not be particularly easy to get. the VSR is responsible for issuing the letter, and when you specifically ask for a finding of permanent and total, will send the file to the rater, who will then deny chapter 35. so you need to be pretty specific in your request. state specifically that you want a disability letter based on being 100 percent and having no future examination. specifically and clearly indicate you are NOT applying for chapter 35. if you have a VSO, you may want to enlist their help.