I hope that this update finds you and your family doing well and surviving the heat wave we have been experiencing the past two weeks.

It has been a while since I provided you with an update on veterans’ issues, so I want to take this opportunity to bring you up to date on several veterans’ initiatives. This update contains several items that may be of interest to you including information on Attorney General Cuccinelli’s ruling on the real estate tax exemption for 100% disabled veterans, the TURBOVET rollout, a report from the JLC’s July meeting, and an update on absentee ballots for the August 23rd Primary Election.

Attorney General Cuccinelli Issues Opinion on Real Estate Tax Exemption for Disabled Veterans

In case you missed it, Attorney General Cuccinelli recently issued an opinion regarding the Real Estate Exemption for 100% disabled veterans. Attorney General Cuccinelli responded to 12 specific issues that were raised by Delegates O’Bannon and Lingamfelter, and Senators Puller and Newman.

His most significant interpretation was that if the Veterans Administration awards 100% disability based on a service connected disability and Individual Unemployability (IU), the veteran qualifies for the real estate exemption. For example, if the veteran has a 70% service connected disability and the VA determines that he in unemployable due to the disability it will award him a 30% IU for an overall 100% disability rating. Prior to his interpretation the local Commissioners of Revenue required that the veteran have a 100% service connected disability with no consideration given to the Individual Unemployability factor. I have not heard of any local Commissioners of Revenue who are challenging the Attorney General’s interpretation. This is good news for our 100% disabled veterans. He also determined that the tax exemption does not apply to real property held in a trust and that the exemption does not follow the surviving spouse if he or she relocates.

For additional information, click here to see a copy of the Attorney General’s letter giving his opinion on this issue.

The Joint Leadership Council Adopts Legislative Objectives for the 2012 Session

The Joint Leadership Council (JLC) continues to work on veterans’ initiatives for the next session of the General Assembly. During its July meeting the JLC approved four new Legislative Objectives (LO) for the 2012 Session of the General Assembly:

1. Provide a state sales tax exemption for 501 (c) 19 Veteran Service Organizations for products purchased for internal use.
2. Place a special Veteran designator on driver’s licenses for veterans to use to qualify for discounts, special rates, and at other times when veterans’ service documentation is required.
3. Reduce veteran homelessness in Virginia. The JLARC study– Reducing Veteran Homelessness in Virginia– that I requested in 2010 will be used to develop specific Legislative Objectives.
4. Report Unclaimed Veteran Cremains. Despite an MOU between four mortuary organizations in Virginia that requires mortuaries to report to DVS any unclaimed cremains to enable DVS to identify a veteran’s cremains, only one organization is cooperating. The proposed legislation would require all mortuaries to report these cremains. Mortuaries are reluctant to report these due to the possibility that the process will increase their expenses.

Once again, the veterans speaking with a single voice will focus the General Assembly on the right Legislative Objectives.

Jenny Holbart and Don Kaiserman were re-elected as JLC chair and vice chair respectively. Congratulations Jenny and Don.

Update on Absentee Ballots for August 23 Primary

As all of you know, we had a major campaign to get the word out on Absentee Ballots for the August 23 Primary elections in the Commonwealth. I am happy to report that this campaign was a success and every absentee ballot requested was mailed 45 days prior to the election. We now have a mechanism in place that we know will work for the November election. I received several responses indicating that you were forwarding my email to families and friends who had deployed service members so they could request ballots. Thank you.

In Closing

I want to thank you again for your service to our country and your support for fellow veterans. I hope you find these updates helpful. The Department of Veterans Services is working hard to fulfill Governor McDonnell’s and our goal to make Virginia the most veteran/service member friendly state.

Regards,

Kirk

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