Bill Text: NJ SR33 | 2010-2011 | Regular Session | Introduced
Bill Title: Urges federal Veteran's Administration to issue certificate of disability when application submitted after veteran's death.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced in the Senate, Referred to Senate Military and Veterans' Affairs Committee [SR33 Detail]
Download: New_Jersey-2010-SR33-Introduced.html
Sponsored by:
Senator FRED H. MADDEN, JR.
District 4 (Camden and Gloucester)
SYNOPSIS
Urges federal Veteran's Administration to issue certificate of disability when application submitted after veteran's death.
CURRENT VERSION OF TEXT
As introduced.
A Senate Resolution urging the United States Veteran's Administration to issue a certificate of disability to the surviving spouse of a deceased veteran in the event the disability application was submitted after the veteran's death.
Whereas, The United States Veteran's Administration (U.S.V.A.) issues certificates of disability to veteran's of the United States Armed Forces who were disabled during their service in the Armed Forces; and
Whereas, It is the current policy of the U.S.V.A. to issue a certificate of disability to the surviving spouse of a veteran following the veteran's death, provide the disability application was filed with the agency prior to the veteran's death; and
Whereas, The State of New Jersey currently provides a property tax benefit, in the form of a total exemption, to veterans, or their surviving spouse, who have been deemed to be 100% totally disabled as a result of their service during time of war or other emergency, as defined by the Legislature; and
Whereas, The surviving spouse of a veteran who was 100% totally disabled as a result of his service in time of war or other emergency, but did not begin the process to receive that designation from the U.S.V.A. prior to the veteran's death, does not receive the same property tax benefit as the surviving spouse of another similarly situated veteran who did begin the application procedure before dying; and
Whereas, In the interest of fairness, and out of respect to all of the men and women who bravely served their country in its times of need, the U.S.V.A. should process all requests for a determination of service related disability, even if the veteran is deceased when the application is filed; now, therefore,
Be It Resolved by the Senate of the State of New Jersey:
1. The United States Veteran's Administration is respectfully urged to approve all applications for a determination of disability for all veterans who are entitled to the determination, including those whose application was submitted by their surviving spouse after the veteran's death.
2. Duly authenticated copies of this resolution, signed by the President of the Senate and attested by the Clerk thereof, shall be transmitted to the President and Vice President of the United States, the Secretary of the Department of Veteran's Affairs, and every member of Congress elected from this State.
STATEMENT
This resolution urges the United States Veteran's Administration (U.S.V.A.) to issue a certification of disability for veterans who have died prior to the filing of the application. Under the New Jersey Constitution, veterans, who are deemed by the U.S.V.A. to be 100% totally disabled as a result of military service in a time of war or other emergency are entitled to an exemption from payment of property taxes. This property tax benefit is extended to the surviving spouse of the veteran, provided the veteran was a citizen of the State at the time of his death.
It has been brought to the sponsor's attention that the U.S.V.A. will issue a finding that a veteran has sustained a service related disability, provided the application is submitted prior to the veteran's death; however, it will not issue the certificate of disability if the veteran has already passed away. This results in a situation where two identically situated surviving spouses receive different property tax benefits, solely due to the date they file the disability application with the U.S.V.A.
