NJ Property Tax Exemption

Discussion in 'Disability' started by pathfinder74, Oct 15, 2007.

  1. pathfinder74

    pathfinder74 New Member

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    Where I'm unclear is the rating. You can receive a 100% rating combined and not be 100% disabled in terms of employability, correct?
    So which one is it on this tax exemption. Seems a little unclear to me.

    My ratings/injuries were all service connected and during a time of war so that's no an issue.

    My wife is also a veteran receiving disability compensation but not LoD or service connected.
  2. TinCanMan

    TinCanMan Active Member

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    Actually there are 3 ways you could be considered 100% disabled.

    1, Based on the schedule. Known as 100% schedular. All your conditions combine to 100%
    2. Individually Unemployable. Here your rated conditions combine to something less than 100% but your doctor says you are unemployable none the less and the VA agrees. They will then pay you at the 100% rate.
    3. You have a temporary 100% rating after hospitalization while convalescing.

    NJ says: "~ Rated 100 percent permanent service-connected by the VA"

    Item 3 does not meet this requirement at all as it is a temporary rating. Items 1 and 2 can be permanent or temporary. Ask the VA for a letter regarding the permanency of your status. They do this all the time. If you have no future exams scheduled for any of your rated conditions, it is likely you are permanent as well as totally disabled. Sometimes known as P&T.
  3. pathfinder74

    pathfinder74 New Member

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    Thank you.

    So #1 means you are still employable though, correct?
  4. TinCanMan

    TinCanMan Active Member

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    Well, #1 means you are 100% disabled but you can be gainfully employed if you choose provided you are not 100% disabled by virtue of a mental disability. Mental disability is the exception because a 100% rating for PTSD or depression say means you are unable to hold a job because of that condition.

    #2 means you are not 100% disabled but you have petitioned the VA to pay you at the 100% rate anyway specifically because you tell them that despite your less than 100% rating, you still cannot hold a job. You must sign a document on an annual basis certifying this. The VA will check with your doctors and former employers to determine why you are no longer employed. Only service connected conditions may be used to determine unemployability. Once declared IU, you may not be gainfully employed.
  5. pathfinder74

    pathfinder74 New Member

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    When you say mental disability do you mean a 100% rating solely on PTSD or some other sort of mental disability? Or does it mean if you have any sort of mental disability that is a percentage of your overall 100% disability rating?
  6. TinCanMan

    TinCanMan Active Member

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    Yes, when you look at the schedule for mental disabilities the 100% level always includes a statement that the vet is unable to work. You can't imply someone is unable to work and pay them for that loss all the while the individual is working. IOW, ya can't have it both ways at the same time.
  7. pathfinder74

    pathfinder74 New Member

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    But if you have a combination of a leg amputation, PTSD, tinnitus, and other problems that collectively amount to a 100% rating you can still by all intents and purposed be employable, correct?
  8. pathfinder74

    pathfinder74 New Member

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    For the combined with spouse... how does that work? What is the formula for adding two separate ratings?
  9. TinCanMan

    TinCanMan Active Member

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    I thought that's what I said.
  10. TinCanMan

    TinCanMan Active Member

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    Individual awards are combined to arrive at a a Combined Rating and not added at all. There is a Table in 38CFR Sect 4.25. By way of example two 10% awards would "combine" to 19% which would be rounded to the nearest number divisible by 10. In this case the Combined rating would be 20% which is the nearest number to 19 divisible by 10. There are calculators that purport to do this but in almost all instances they have built in errors. They can certainly be "fixed" but no one has done so to date. In any event, it is the table that is the law.

    Spouse and family are not a consideration when calculating the Combined Rating but once that is done and you have a known percentage, you can go to the VA web site and see exactly what that percentage equates to in dollars for Veteran, Veteran and spouse or Veteran with spouse and x number of rug rats.
  11. pathfinder74

    pathfinder74 New Member

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    TCM.... ok, I'm back on this because my wife was reading the actual application and the gray area, again is the wording... specifically "total" or "totally". There is a lot of talk about "paralysis", >1 amputation, etc.
    Yes, I basically need it to be broken down to the Sesame Street level. In fact, if you could put together an animated PowerPoint presentation with Elmo explaining it with large pictures and small words... I think it might penetrate my thick skull. :)

    Is total as in sum total of all rated disabilities, or total as in the person is TOTALLY disabled to the point where they pretty much can't function "normally" (not to be read as being insulting or demeaning).

    Would it help if I gave a run down of my rating(s)? I'm thinking probably not as I'm sure you have pretty well deduced what my injuries are/were.

    Anyway... sorry for my needing to basically have this drilling into my head with a 4-inch diameter bit in order for it to completely flow into my primate-level brain. I'm sure you're sick of having to dumb this sort of thing down... particularly for me. ;)
  12. TinCanMan

    TinCanMan Active Member

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    Pathfinder:

    I do this all the time. It doesn't bother me one bit. Each of us came back from our service with varying degree's of disabling conditions. The only time this will bother me is if I get the idea I'm being used. You have never struck me that way. If you need help calculating your combined rating percentage, just ask. If you don't want to publish the details, send me a Private Message or an e-Mail with the details. I'll need to know each individual condition and what percentage it is rated at. In the end, though, you shouldn't need to ask because the VA will provide the Combined Rating with every decision.

    The definition of "total" or totally" means 100% disabled to the VA. You can arrive at the total rating in two ways.

    1. you are rated 100% disabled based on the rating table.
    2. you may also arrive at total by way of the Individual Unemployable rating

    IU is when you may not be rated at 100% but the VA decides you are Unemployable none the less and pays you at the 100% rate even though you might only be 70% disabled.

    For VA purposes they are pretty much the same thing. Total is Total.

    For state purposes, that doesn't always hold true. You may have to get a document from the VA stating you are totally disabled.
  13. pathfinder74

    pathfinder74 New Member

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    Ok.. so I'm 70% right now... but I put in for a rating increase, primarily based on secondary problems related to my amputation as well as an increase for PTSD. Both were based on the advisement of a DAV rep as well as several VA employees, otherwise I probably wouldn't have bothered... sometimes I don't fee like I deserve anything... (the whole "I chose to serve and understood the risks" thing).

    Anyway... my next question is this: If, after the whole process is completed I get a new rating that amounts to 100%... that doesn't necessarily mean I'm unemployable right? Since the 100% is not based on one thing but is the sum total (based on the VA equation) of a variety of "conditions" whose compensable total amounts to 100%... it's not the same right?

    as it was explained to me, should my rating be increased to 100% it doesn't mean I can't be employed, right? I'm not looking to be considered unemplyable by any means, nor would I ever consider myself 100% disabled in terms of day-to-day function, ambulation, etc. However my injuries cause me enough problems on a daily basis that it somewhat reduces my reliability and, as much as I hate to say it, has become prohibitive enough that I couldn't see myself holding certain jobs based on the unpredictability of when problems will arise that are enough to make me ineffective for all intents and purposes.

    After all that is said and done... is the "combined rating" (I'm assuming that is the correct terminology for what my rating would be considered) the same thing as "total".

    Thanks again in advance.

    I'll IM you tomorrow if I can track down that sheet with my rating scheme.
  14. TinCanMan

    TinCanMan Active Member

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    That's nonsense. Your fellow citizens have determined our service men and women should be compensated for their losses due to service. You are entitled to and deserve every thing they say you are.

    let me see if I can explain this. Whether you are 100% disabled by virtue of one condition or multiple conditions that combine to 100% is irrelevant. Schedular is Schedular and you can work all you want w/o penalty. There is one exception, though. Persons that are have a 100% rating for mental conditions are not entitled to work because the 100% rating states a complete industrial impairment. IOW, in order to be rated 100% for say, PTSD, your shrink would have to say you are unable to work. Persons who are 100% by virtue of IU are also not allowed to work w/o penalty for obvious reasons.

    Yes, it is.

    You are going to have one tough time sending me an IM. I removed all traces of it from my computers years ago. A better choice would be to e-Mail me. You can always contact me here: [email protected] Don't forget to remove the obvious. I know, it's a stupid looking address but it almost entirely eliminates any spam.
  15. pathfinder74

    pathfinder74 New Member

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    So then, if I checked...

    I would qualify even though I am not paralyzed, multiple amputations, and/or 100% mental.... based on the fact that I am (in theory) 100% "total",

    Thanks again,

    matt
  16. TinCanMan

    TinCanMan Active Member

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    Couple of things. Schedular means by the VA Schedula for Rating Disabilities. Does not include IU.

    Secondly, there's nothing theoretical here. If you are 100% disabled, either by virtue of the schedule or IU, you are totally disabled. That's what the VA says. I have known some vets having problems with this over state benefits. Real Estate taxes in particular. Some states accept IU and some don't but the VA says you are totally disabled. If you have problems with the state, get a letter from the RO thst says you are totally disabled.
  17. pathfinder74

    pathfinder74 New Member

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    ok then

    Sounds like I would qualify contingent upon the states interpretation of 100% and whether or not they're d*ck's about it... but in the end they would be held to the letter of the "law".

    Sounds good. Thanks again.

    Did you get my e-mail/IM?
  18. TinCanMan

    TinCanMan Active Member

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    Well, not exactly as there is no statute or regulation requiring anyone to treat IU the same as 100% schedular. It's just the way the VA see's it. The states can do as they please, some don't even provide an exemption for any kind of disabled vet. I live in one of those blue states constantly yammering about their great socialist programs. Guess they forgot about the disabled vet. ...sigh, so much for liberal bullshitters.

    Getting a letter can help when state law requires a "total" disability but, it isn't a guarantee. A lot depends on the exact wording of the law in your state. Usually the state will look at a veterans decision and see IU but also 70%. They aren't all that familiar with IU. If you can get a letter from the VA stating total or 100%, leaving out the combined rating, it takes the guess work from them. I haven't seen one of these letters in a really long time as my state doesn't offer much other than licensing breaks.

    I did get your e-Mail but I got the PM first and responded to it last night. Check your PM's on VRO.

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