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

[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%.