-Attorney General better defines criteria for special disabled veterans tax exemption- RICHMOND – Secretary of Veterans Affairs & Homeland Security Terrie Suit today applauded the recent legal opinion issued by Attorney General Ken Cuccinelli regarding real estate tax exemption eligibility for certain disabled Virginia veterans. This opinion was in response to a request by General Assembly members asking for clarity on the new constitutional amendment adopted by Virginia voters last November. The question raised was whether or not the new tax exemption applied to veterans rated by the U.S. Department of Veterans Affairs (VA) with a “total disability rating.” This rating is given to any veteran with a service-related injury or mental disability who is unable to engage in “substantially gainful employment.” The Attorney General’s opinion diverges from previous interpretations that sometimes denied certain veterans by citing that they did not meet the criteria for being “100 percent totally disabled.”
“Virginia’s veterans are some of the most outstanding citizens, neighbors and leaders in the Commonwealth. Any time we can do something on a state level to help give back to them and show our appreciation for their sacrifice it is a positive thing,” said Secretary Suit. “Virginia’s voters spoke overwhelmingly in favor of this constitutional amendment last November and Attorney General Cuccinelli has done a great job of affirming this new exemption’s applicability to all veterans who have been rated 100 percent disabled by the VA.”
The VA rates disabilities at varying percentages when determining the overall level at which a veteran’s service-connected disability should be. Employability can be used as a factor in determining that percentage and was a grey area prior to the Attorney General’s opinion which finds that veterans are in fact eligible regardless of how the VA accounts for their rating. Further information regarding this opinion can be found on the Attorney General’s website.