PRESS relEASE #9MENU
About Jere Beery and copies of documents
3-25-04 — Jere Beery to face jail in an effort to protect VA
disability Compensation
3-31-04
— Beery and Van Luven join forces to protect VA Disability
Compensation
4-01-04 — Beery
and Van Luven Mission gains Momentum
4-11-04 — Beery finds Lawyer and files Appeal in VA disability
case, Van Luven facing jail
4-14-04
— Van Luven ordered to pay alimony with his VA Disability Compensation and
Social Security Disability, now facing jail
4-23-04 — Beery Appeal Hearing rescheduled, Van Luven still
facing jail
4-27-04 — Beery
extends invitation to supporters, Van Luven prepares for
jail
5-19-04 — Combat Disabled
Veterans Denied Assistance From VA And Veteran Service Organizations
How you can help
6-28-04 — Van Luven Charged With 12 Counts Of Criminal Contempt, Judge Keeble Buys Time
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By Staff Writer: Rick Townsend
firebaseadrian@tc3net.com
06/28/04
Vietnam combat disabled Veteran Dale Van Luven, of Hermitage, Tennessee, is now facing 12 counts of criminal contempt for not “voluntarily” relinquishing his VA disability compensation for alimony.
Van Luven, who suffers from a number of combat related injuries, received papers yesterday from his ex-wife’s lawyer requesting the court find Mr. Van Luven in contempt and sentence him to 120 days in jail. “Since I can’t pay the thousands of dollars they want, I will go to jail,” Van Luven said. Van Luven has pledged if he is arrested and jailed he will refuse to take any of his many medications and will go on a hunger strike. “This has simply got to stop here and now,” Van Luven stated. “According to U.S Code, Title 38, and Title 42, and because there are no children involved or military retirement in my case, my VA disability compensation should never have been equated into my ability to pay alimony. State Judges are violating Federal Law and no one will do a damn thing about it”, Van Luven stated.
Vietnam combat disabled veteran Jere Beery, of Jefferson Ohio, is facing a similar situation in Newnan Georgia. Beery was ordered to pay $24,000.00 in alimony by Georgia Superior Court Judge, Alan Keeble. Beery is not employed and his only source from which to pay this court ordered alimony is his VA disability compensation. Beery and Van Luven joined forces earlier this year to fight to protect VA disability compensation from this kind of future infraction. Their efforts are gaining widespread support within the veteran/military community nationwide. “The ACLU of Georgia has indicated they are looking into the matter from a noncommittal position at this time,” Beery stated. “And we are being contacted by disabled veterans from a number of states claiming similar situations every week,” Beery added.
In March of this year, Beery publicly published his personal “Declaration of Contempt” vowing he could not comply with Judge Keeble’s Court Order to use his VA disability compensation to pay alimony to his able bodied non-veteran ex-wife. “Believe me, Dale and I do not want to go to jail over this, but we will if someone doesn't do something fast, ”Beery added. Both Beery and Van Luven have made it perfectly clear that they are very serious about this matter and both very willing see it through to the end. “It’s not just an attack on the two of us, Beery said. “This is an illegal attack on every single military person ever injured in the line of duty in service to this country,” Beery added.
Meanwhile, Judge Keeble has ordered a Continuance in Beery’s Motion for a new Hearing. In Chambers, with both attorneys, Judge Keeble stated he needed more time to review the Federal Codes. He also placed a possible resolution of the matter in the hands of Mr. and Mrs. Beery to settle. Judge Keeble’s Continuance has dramatically affected Beery’s plans to be arrested on July 4th. “I personally think the Judge is buying time to avoid any possible embarrassment my public arrest might cause Coweta County and the State of Georgia on such a big holiday,” Beery claimed.
Jack Nebl, Vietnam Veteran and Beery’s attorney, stated, “Mr. Beery has taken the high ground here and is approaching this issue with the overall future protection of veteran’s benefits in mind. My client has been offered an opportunity to settle this matter with his ex-wife and quite possibly pay no alimony at all. Instead, Mr. Beery has shown a sincere desire to walk away from anything he may be able to salvage from a new property settlement and pursue the bigger issue here, protection of VA disability compensation. My legal team and I are going to do everything we can to help Mr. Beery accomplish his objectives,” Nebl concluded.
Vietnam Veteran and lead investigator on the Beery case, Rick Plymale said, “It is obvious that other disabled veterans are in distress over this kind of judicial breach between State and Federal laws concerning VA disability compensation. We are humbly requesting that other legal professionals consider looking into cases such as Van Luven’s in Tennessee on a pro-bono basis as soon as possible. I shudder to think of an American combat disabled veteran doing real jail time for not giving up his protected VA benefits,” Plymale said.
Nebl and Plymale indicated plans were in the works to create a defense fund to finance a challenge to Judge Keeble’s ruling before the Georgia Supreme Court if necessary. “It all depends on how the Judge proceeds from here,” Plymale stated, “but if we do proceed to the State Supreme Court, it can get relatively expensive. Jack and I will still donate the majority of our professional services, but there are related expenses that the firm just cannot bear”.
To date, neither the Department of Veterans Affairs, nor any of the several dozen Congressionally Chartered Veterans Service Organizations have offered assistance, or indicated they would even look into the matter. “We do not get involved in civil cases”, seems to be the common response received from these agencies and groups. This has left many veterans across the country stunned in disbelief.
Plymale added, “It’s interesting that the Veteran’s Service Organizations refuse to involve themselves in ‘civil cases’, when there is almost no other situation in which these protected benefits are at risk. My question to them is, do you involve yourselves in criminal cases? My guess would be no. Therefore, it seems reasonable to conclude that you (the VSO’s) involve yourselves in NOTHING.”
Dale Van Luven Vietna467@aol.com
Jere Beery jerebeery@aol.com
Jack Nebl & Rick Plymale lawdog@mfire.com
WWW.FIREBASE.NET
By Staff
Writer: Rick Townsend
firebaseadrian@tc3net.com
5/19/04
Vietnam Combat disabled
veterans Jere Beery, and Dale Van Luven are discovering the Department of
Veterans Affairs, and the many national veteran service organizations are
unwilling, or unable to enforce existing federal laws protecting veterans’
benefits.
Within the past twelve months both Beery and Van Luven have been ordered to pay their ex-wives alimony from their VA disability compensation. According to U.S. Code, Title 38, 5301(a), VA disability compensation is totally protected from consideration, and/or attachment in any civil case. “The problem is getting anyone to enforce this federal law”, Van Luven stated.
In March, Beery, was ordered by Georgia, Superior Court Judge, Alan Keeble, to pay $24,000.00 in alimony from his VA disability compensation to his ex-wife. He has appealed his case and will appear before Judge Keeble on June 10, 2004, in Newnan, Georgia. Many supporters from around the country have vowed to attend the Beery Hearing. “I’ve got to hear what this Judge has to say about this,” Molly Turner of Atlanta, Georgia said. “My son is in Iraq right now. As a mother, I will fight to protect his future benefits. I will be at the Beery Hearing to show my support and concern,” she added.
Last year, Van Luven was ordered to pay alimony with his VA disability compensation and Social Security disability by Tennessee, 4th Circuit Court for Davidson County, Judge Muriel Robinson. “I can go to jail at anytime for nonpayment, all because this Judge violated the federal law that is suppose to protect my VA disability compensation,” Van Luven said.
Beery and Van Luven have discovered there are many more disabled veterans affected by similar court decision nationwide. Van Luven said that he has heard form veterans in Kentucky, Michigan, Texas, South Dakota, California and several other states where state judges are vicariously awarding VA disability compensation to able-bodied, non-veteran ex-wives.
Beery and Van Luven have launched a massive public awareness campaign to bring attention to the protection of VA disability compensation. With the assistance of an online network of supporters, the Beery / Van Luven story has been sent to the Department of Veterans Affairs and all major veterans service organizations (i.e.: AmVets, VFW, DAV, American Legion, MOPH.. ect.), as well as all major news groups. “No one can claim they aren’t aware of our situation,” Van Luven said. “We have even contacted the President, Vice President, every Congressman, and every single U.S. Senator”, Van Luven added.
Among the responses received thus far is one from Shirley Mathis, VA’s Consumer Affairs Service, Washington, DC, in which she states; “The Department of Veterans Affairs does not have the authority to intervene in court decisions, we suggest you obtain a lawyer to assist you in this matter.” Similar emails have been received from several national veterans’ service organizations. “Our organization does not get involved in civil matters” seems to be the general consensus among these service organizations. “I fail to see anything civil about the violation of federal law,” Beery commented.
Jack Nebl, Beery’s attorney, voiced disbelief in the responses received by the two veterans. “The Federal codes are relatively clear. There are very few exceptions where civil cases are concerned. The fact that the Veteran’s Administration will not show an interest in assuring compliance with laws designed to protect veteran’s benefits is very disturbing to say the least,” Neble said.
Dave Otto, fellow Vietnam combat veteran and close friend of Beery’s said, “I can’t believe what I’m hearing. State Judges are illegally diverting veterans’ benefits away from deserving veterans and the VA will do nothing about it? Something is very wrong here. This is not a good message to be sending our troops in combat.”
Rick Plymale, lead investigator on the Beery case commented, “This issue is far reaching in its implications. Our men and women in uniform are under the impression their veterans’ benefits are protected. Obviously, they are not. If civil courts are allowed to attach to VA benefits even indirectly as in Beery’s case, the VA cannot assure that earned benefits are actually going to the disabled veteran for whom they were intended. As a Tax payer and a veteran, that bothers me a great deal,” Plymale added.
Neble explains it this way, “In the Beery case, there are no children involved. There is no off-set of retirement benefits. All marital property has been divided and all other issues resolved. This is entirely protected disability compensation. The only question we bring before the court on June 10th is, can a State Judge circumvent Federal Code, directly, or indirectly, and order a totally disabled veteran to divert his compensation to an able-bodied non-veteran?”
Beery has invited all interested parties to attend his Appeal Hearing on June 10th. “It is apparent that the VA and veteran service organizations are going to stay out of this fight. Therefore, it is up to the public to insure veterans’ benefits are protected. I Pray to God every day for a good turn out in Newnan, Georgia on June 10th. We are about to see how many American truly do support our troops,” Beery concluded.
Jere Beery jerebeery@aol.com
Dale Van Luven
Vietna467@aol.com
Jack Nebl &
Rick Plymale lawdog@mfire.com
WWW.FIREBASE.NET
By Staff
Writer: Rick Townsend
firebaseadrian@tc3net.com
4/27/04
In a very bold move this week,
Vietnam combat disabled veteran, Jere beery announced he was inviting all
interested parties to attend his upcoming Appeal Hearing on June 10th of this
year in Newnan, Georgia. “I have heard from many people across the country
concerning this issue,” Beery stated. “So, I’m inviting anyone
who wants to attend, to please come. We have a prime opportunity here to
visibly show support for the protection of our troop’s benefits,” he
added.
Beery’s Appeal Hearing, scheduled for 9 am, will be presided over by Superior Court Judge, Alan Keeble, the same Judge that ordered Beery to pay his ex-wife $24,000 from his VA disability compensation. “According to U.S. Code, Title 38, 5301(a), VA disability compensation is totally protected from any consideration in any civil legal procedure”, Beery said. “How Judge Keeble rules on this matter could reflect directly on his judicial career. If he upholds his previous ruling, he will be skirting the protection issues of Federal law yet again. However, if he overturns his own prior decision, he will be admitting that he misapplied the Federal law and he'd be honorably correcting a judicial error. Judges very seldom overturn their own ruling,” Beery added.
Dale Van Luven, of Hermitage, Tennessee, another Vietnam combat disabled veteran, is awaiting arrest for not giving up his VA disability compensation and Social Security disability for alimony. “Beery and I have heard from disabled veterans in Kentucky, Michigan, Texas, South Dakota, California and several other states where state judges are vicariously awarding VA disability compensation to able-bodied, non-veteran ex-wives”, Van Luven said. “It’s just a matter of hours before I’m arrested for just this reason”, Van Luven added.
Both Beery and Van Luven are working around the clock to create a swell of support nationwide for the future security and protection of our veteran’s and troop’s benefits. “After the Presidential Elections in November will not be the time to bring this up. We have to act now if we are to put “protection of VA benefits” on the lips of our Presidential candidates”, Beery stated.
If history is an indicator, sadly, very few Americans attend rallies in support of our troops and veterans. “In the past, more people have shown an active interest in the ethical treatment of animals, than the ethical treatment of our veterans,” Van Luven said. Beery agreed, “If everyone that boasts they support our troops showed up in Newnan on June 10th, we would get some national attention for this issue.” Beery and Van Luven remain optimistic that many concerned Americans will turn out to support their cause.
Rick Plymale, paralegal to criminal defense attorney Jack Nebl, and lead investigator on the Beery case said, “Beery can invite anyone he wishes to his Hearing. In fact, Beery is correct in his assumption that the only way to get national attention to this issue, is to involve the nation in the process”, Plymale added.
Plymale, in an effort to assist Beery in reaching Veteran's groups, took time from his busy schedule to contact the American Legion National Headquarters. Mr. Philip R. Wilkerson, American Legion, Department Manager for Operations and Training said, “The American Legion does not normally become involved in civil legal matters”.
Stunned at this response, Plymale commented "It seems that many of these so-called Veteran's assistance organizations have quickly become no more than para-political, chest-thumping, hollow vessels whose purpose is rapidly becoming self-serving. I may just mail in my membership card."
Once Beery and Van Luven can see their way clear of their civil cases, they plan to setup a defense fund to take the issue to the Supreme Court if necessary. “If there are loopholes that allow state judges to rape veteran’s benefits, Beery and I are going to close them,” Van Luven concluded.
Efforts continue to find Van Luven legal representation in Tennessee.
Jere Beery jerebeery@aol.com
Dale Van Luven
Vietna467@aol.com
Jack Nebl &
Rick Plymale lawdog@mfire.com
WWW.FIREBASE.NET
By Staff
Writer: Rick Townsend
firebaseadrian@tc3net.com
4/23/04
Jere Beery’s Appeal
Hearing has been rescheduled for June 10th at 9 am in Coweta County Superior
Court in Newnan, Georgia. Vietnam combat disabled veteran Beery will appear
before Judge Allen Keeble, the same judge that ordered Beery to pay his ex-wife
$24,000 of his VA Disability Compensation. High profile criminal defense
attorney Jack Nebl, of Eatonton, Georgia is representing Beery in this Appeal.
“This is a very important issue,” Nebl said. "I’m unsure as to
whether this hearing will end the misapplication of Federal law that has
occurred in the Beery case. This issue may eventually need to be heard before
the Supreme Court before nationwide protection of such benefits will be
established,” Nebl added.
Nebl’s lead investigator and Paralegal, Rick Plymale explained how he thinks Judge Keeble approached the Beery case. “Under Georgia law, the only means by which alimony can be collected upon non-payment is a writ of "fieri facias" (to seize money or property) or by incarceration for contempt of an Order. Obviously, since Mr. Beery is now living in Ohio, the State of Georgia wouldn’t be interested in extraditing on such a matter to ensure Beery’s incarceration,” Plymale said. “The only way to enforce a "fi fa" judgment would be to "domesticate" the judgment in Ohio, then levy on any property and/or money there. Still, the VA Disability compensation would be protected under Federal code,” Plymale added.
"What it boils down to", says Plymale "is that the Court is ordering Mr. Beery to pay alimony from a non-existent source of funds, since the Court knows it cannot force payment from Mr. Beery’s VA Disability. The Court would not be ”attaching” Beery’s VA compensation in violation of Federal code, but rather forcing Mr. Beery to decide to either voluntarily surrender the $500 a month directly from his disability or face imprisonment. What this effectively does is create a "debtor's prison", since this is a "civil debt",” Plymale stated. Plymale explained that the Order for alimony literally creates a threat of assured incarceration, in lieu of payment, since there is no legitimate source of revenue from which the Court can extract payment. “Simply put,” he said “the Court has ordered Mr. Beery to pay something when the Court knows there is no source from which to pay it.”
Jack Nebl, and his legal team, have taken the Beery case Pro Bono, and are greatly concerned that many other disabled veterans may be suffering the same fate nationwide. “What really needs to be done is that the laws in Georgia and other States need to be re-drafted to direct that an award of alimony may not be made at all in circumstances such as Mr. Beery’s - where VA disability compensation is his only economic source”, Nebl said. “If the law was rewritten in that way, the Judges would not be able to order alimony in the first place, when the only source of “money” is compensatory and therefore protected, rather than remunerative, which is earned income. This might be something the vast numbers of interested veterans might want to collectively lobby for in the future. In other words, don't fight the rules; change them”, Nebl stated.
Dale Van Luven, of Hermitage, Tennessee, is another Vietnam combat disabled veteran in a similar situation. Van Luven suffered a severe head wound after hitting a land mine with a bulldozer in Vietnam. Van Luven has been order to pay all of his VA disability and Social Security compensation for alimony. “I can go to jail any time now,” Van Luven said. “This has become a living hell. I can now understand why some veterans commit suicide. This country’s legal system could care less about our benefits, or our rights,” Van Luven added.
Van Luven is still trying to find an attorney to take his case. “You would think there would be many lawyers that would jump at the opportunity to protect a veteran’s benefits, but sadly they are few and far between. Mr. Nebl is helping Beery in Georgia, but can do very little for me. I need a Tennessee lawyer,” Van Luven said.
Beery, who suffered horrific wounds in combat in Vietnam, has vowed to turn himself in to authorities once delinquent in alimony payments. “Everyone is pleading with me not to do it”, Beery said. “Mr. Nebl and Mr. Plymale have suggested I can do a great deal more to correct this injustice by fighting the matter from outside jail,” Beery added. “I just find it repulsive that a Superior Court Judge could or would circumvent Federal Law to impose additional pain and suffering on a disabled veteran in this way. I am very disheartened to discover that some legal leaders would even try to slither their way into VA Disability Compensation,” Beery said.
”What happens in cases such as this is the Court waves the threat of jail over your head to force you to surrender part or all of protected VA compensation voluntarily,” says Plymale. “By doing so,” he added, “the Court is not directly violating the protected status of VA Disability, but doing so vicariously, since they're forcing veterans to pay from that source. It's a lot like squeezing blood out of a turnip, except this turnip goes to jail when there's nothing to squeeze.”
Together, Beery and Van Luven have launched a nationwide effort to correct this injustice. “Many people brag about supporting our troops. Beery and I are going to do a great deal more than just talk, we are going to insure their disability benefits are protected,” Van Luven said. “Right now Mr. Beery and Mr. Van Luven are standing between disability benefits earned by our troops, and the jurisdictional reaches of state judges," Nebl concluded.
Many veterans and supporters have vowed to attend the Beery Appeal Hearing on June 10th to voice their concerns, show support for our troop’s future benefits, and draw attention to veteran’s issues before the November Presidential Election.
For up-to-date developments in this story and rally information, contact: jerebeery@aol.com — For additional information on Van Luven’s efforts in Tennessee, contact: Vietna467@aol.com
Jack Nebl & Rick Plymale: lawdog@mfire.com
WWW.FIREBASE.NET
By Staff
Writer: Rick Townsend
firebaseadrian@tc3net.com
04/14/04
Dale Van Luven is facing the
toughest battle of his life. Van Luven, 54, of Hermitage, Tennessee, is a
totally disabled Vietnam combat veteran. He receives a modest amount of
disability compensation from both the Veterans Administration and Social
Security. In addition, Van Luven worked for many years with General Motors and
he receives a small $850 a month pension from GM. All totaled, Van Luven has
been ordered to pay just under $100,000.00 in alimony from his GM pension,
Social Security disability and VA disability compensation. “I’m on
disability, I’m not well, and how am I supposed to pay that kind of
money?” Van Luven questioned. Van Luven has already served 8 months for
the inability to pay this alimony, and now faces jail once more. “How can
I pay money I don’t have,” Van Luven asked.
Several weeks ago, Van Luven teamed up with Jere Beery, another Vietnam combat disabled veteran in an effort to make the public aware of what State Judges were doing to disability compensation. Beery is in a similar situation, and has been ordered to pay his ex-wife $24,000 directly from his VA disability compensation. Last week Beery found an Atlanta area attorney to represent him in an Appeal Hearing scheduled for May 6th in Coweta County Georgia. However, Van Luven has lost his Appeal rights and is facing jail now. “I don’t know what to do,” Van Luven said. “I can’t handle going back to jail. My health is not good and being locked up again will kill me”, he added.
Van Luven is burdened with a number of health problems. Van Luven has to take 8 medications for his medical conditions; Phentoin and Primidone for head injury, Naproxen for his arthritis, Trazadone and Clonazepam for P.T.S.D., Citalopram Hydrobomide, Codeine for Pain, and Simvastatin. Van Luven has pledged to stop taking all of his medication if arrested and jailed again. “To go back to jail will be a death sentence for me,” Van Luven stated.
Although Van Luven’s case is somewhat more complicated, the basic problem appears to be that same. Can a State Judge legally order a disabled veteran to pay alimony directly from their VA disability compensation?
Both Van Luven and Beery insist their VA disability compensation is totally protected from being even considered in any legal action by U.S. Code, Tile 38, Sec. 5301(a). This Federal Statue states that such VA benefits are under the sole control of the Department of Veterans Affairs, and are not to be considered income at all. Beery and Van Luven say that in their cases VA disability was considered income and community property. “Disability compensation should belong solely to the person that has qualified by their disability to receive it, not an able-bodied spouse,” Beery said. “Sometimes in a divorce, both parties have to walk away only with what they can salvage,” Beery added.
Since Van Luven and Beery teamed up, they have heard from several other disabled veterans in similar situations. Both men feel there is a grave danger to earned veteran’s benefits at stake here. “When State Judges take VA disability compensation away from a disabled combat veteran and awards it to a non-veteran ex-wife, something is very wrong. Who among us will volunteer to tell our returning troops their veteran’s benefits are not protected or secure?” Beery concluded.
Dale Van Luven — firebasetn@aol.com
WWW.FIREBASE.NET
By Staff
Writer: Rick Townsend
firebaseadrian@tc3net.com
04/11/04
Vietnam combat disabled
veteran Jere Beery now has an attorney and a Motion of Appeal has been filed on
his behalf in Coweta County Superior Court in Newnan, Georgia.
As the deadline to file an Appeal in the Beery case approached, concerned citizens and radio talk show personalities went to work to get Beery legal representation. Last week well-known WGST, Atlanta talk show host Kim Peterson and his program producer, Wayne Kitchens started an all out effort to find Beery an Atlanta area attorney. Peterson, better known by his large Georgia listening audience as “The Kimmer”, a former Marine, is also a combat Vietnam veteran and advocate of veteran’s issues. Kitchens is an Air Force veteran of Panama and Gulf War One. Both men have a great respect for our men and women in uniform and The Kimmer Show is listened to by many in the veteran’s community in Georgia and online nationwide.
Several weeks ago, Peterson and Kitchens devoted an entire web page to the Beery story in hopes of generating interest and support from their listeners, (www.kimmershow.com). Then, last week, as Beery’s Appeal deadline reached the 72 hour mark, the two men began a very compelling on-air plea for legal representation for Beery. “I was listening online”, Beery said. “I have never heard a more moving and powerful broadcast in my life. You could tell Kimmer and Wayne were really concerned for my wellbeing at that point”, Beery added.
On Wednesday, while driving home, Georgia attorney and Vietnam veteran Jack Nebl, of Eatonton, Georgia, heard the emotional broadcast and was moved to act. Nebl called his secretary and instructed her to contact Kimmer at WGST as soon as humanly possible and find this distressed veteran Kimmer was talking about on his program. Within an hour, Beery and Nebl were on the phone with each other discussing the particulars of Beery’s situation. Together with his lead investigator, Rick Plymale, Nebl took Beery’s case Pro Bono and on Friday afternoon filed a Motion of Appeal in Coweta County Superior Court in Newnan, Georgia. Nebl and Plymale both feel Judge Keeble’s ruling in the Beery divorce case set an extremely dangerous precedence for all military disabled veterans, and the two men have vowed to relentlessly fight to have the ruling overturned. “I am simply blown away by Mr. Nebl and Mr. Plymale’s generous offer to assist me. I couldn’t have a better team fighting this, as both men have an established track record of combating injustice for the sake of justice,” Beery added.
Beery’s Appeal Hearing is scheduled for May 6th at 9am. Nebl and Plymale are predicting a large turnout of veterans and supporters at the Hearing to voice their concerns for the future protection of VA disability compensation from State Judge’s grasp. “We are inviting all interested parties to attend this Hearing”, Plymale said. “This issue is about a great deal more than Mr. Beery’s divorce. It involves the future protection of VA disability compensation earned by our troops, not their wives,” he added. “Unless we have a large turnout at the Hearing, the story will never leave Georgia and the true impact of this case will be lost to veterans nationwide”, Beery commented.
From the outset, Beery, a noted veteran’s rights advocate, has insisted that his case affects many more veterans than just him. “I felt so alone at first and I was very depressed over this. Some people were telling me that it was a personal issue and I was just whining. I could have just left Georgia and avoided paying the alimony, but I saw the danger here and decided to stand and fight for the protection of our troop’s disability benefits”, Beery stated. “I would like to think there are more great Americans out there that will stand beside us in this battle”, Beery said.
During this ordeal, Beery has been contacted by several other disabled veterans in similar situations. One such Vietnam combat disabled veteran is Dale Van Luven of Tennessee. Unlike Beery, Van Luven is facing jail now for not giving up his VA disability compensation and Social Security disability for alimony. Efforts are ongoing to find Van Luven an attorney in Tennessee. “I have already served 8 months for not paying alimony. I simply don’t have the money to pay and live too. So, I guess I will go back to jail”, Van Luven said. “No telling how many disabled veterans are illegally in jail for not giving up their disability compensation. I’m very worried about Dale”, Beery added.
Jere Beery jerebeery@aol.com
Dale Van Luven
Vietna467@aol.com
Jack Nebl &
Rick Plymale lawdog@mfire.com
Kim
Peterson & Wayne Kitchens - wayne@kimmershow.com
WWW.FIREBASE.NET
By Staff
Writer: Rick Townsend
firebaseadrian@tc3net.com
04/01/04
Vietnam combat disabled
veterans, Jere Beery and Dale Van Luven continue to gain support from the
military retired and veteran community. “I didn’t realize the extent
of this problem. We are hearing from veterans that are paying alimony out of
their retirement pay and VA disability pay. This issue is becoming more complex
and widespread by the minute”, Beery said.
Beery went on to explain, “Military retirement pay/pension (Not Federally Protected), is considered income, and is taxable by the IRS. VA Disability Compensation (Is Federal Protected), is non-taxable, and not considered income by the IRS. Retirement Pension is paid directly from the Department of Defense and VA Compensation is paid from the Department of Veterans Affairs. Since Retirement Pay is income, it has always been subject to attachment/consideration by State Courts in divorce cases, especially when children are involved. The problem is State Judges wrongfully invoke the statutes that apply to retirement pay to award ex-wives access to VA disability compensation. This is wrong and illegal. Since most veterans think the “Judge” is always right, they merely try to absorb the payments and go about their lives. What has happened is many disabled and retired veterans have been victimized by State Courts nationwide who have illegally awarded a part of, or all of their protected VA disability compensation to their ex-wives. The number of affected disabled American veterans could be very high”, Beery stated.
A large number of concerned Americans within the veteran’s community have already bombarded national media with emails in an effort to get Beery and Van Luven legal assistance as well as bring national attention to their issues. Beery and Van Luven have recruited many interested parties online, and their 03/31/04 Press Release is showing up on message boards worldwide. “You would be very surprised how fast this country’s veterans and supporters have come together to spread the word about this story”, Beery stated.
In a letter to FOXNEWS, Beery’s former patrol officer in Vietnam weighed in on the man’s dilemma. Commander, Richard Godbehere, USN, (Ret.) said, “Judges like Judge Keeble that would deny combat wounded veterans their just and due compensation provided to them to live do not have America’s best interest at heart. What kind of message is this to those that would risk their lives in the service to their country?”
Van Luven could go to jail at anytime for non-payment. He is already delinquent and awaiting arrest. Beery plans to turn himself in to authorities in Georgia on July 4th of this year. Both men feel a very strong commitment to protect VA disability compensation for our veterans and troops. “If me going to jail helps bring attention to the failed security of our troop’s benefits, so be it,” said Van Luven. “I simply can’t live with the knowledge another combat disabled veteran could be stripped of his/her benefits by some local Judge,” Beery added.
Beery’s Court Order states he has only 10 days from this report to file an Appeal. According to Beery, there are several major flaws in Judge Keeble’s ruling. “My Court Order makes no sense. How could my total monthly living expenses be $500 when that is just my rent? I also have to buy food, gas, electric, auto, insurance, medical co-pay, prescriptions, phone, clothes, just to name a few. I can’t afford a lawyer, so I guess I can’t afford Justice either” Beery explained. In addition, my health is degrading rapidly as I grow older. No telling what medical bills and co-payments I will incur,” Beery added.
These two jail bound warriors have vowed they will not give up their fight to protect VA disability compensation from unauthorized hands. Both feel these benefits belong solely to the disabled veterans that earned them, and not to someone that never served in the military. “There are many social programs spouses, widows, and dependents can turn to for financial assistance, taking away benefits earmarked for our disabled veteran’s only adds to their injuries”, Beery said. “Beery and I went public with is to bring attention to a very serious problem. We both could have just left the state and kept our mouth shut. But, that wouldn’t stop this from happening to another disabled veteran in the future. We don’t want this issue quietly resolved”, Van Luven added.
“I don’t know how to say this any plainer. Our troop’s disability benefits are being diverted to people other than who they were awarded to. State Judges are inflicting additional hardship and emotional pain upon our disabled veterans with illegal rulings. Dale and I are willing to face jail to bring attention to this disgraceful injustice”, Beery concluded.
Beery — jerebeery@aol.com
Van Luven —
Vietna467@aol.com
WWW.FIREBASE.NET
By Staff
Writer: Rick Townsend
firebaseadrian@tc3net.com
3/31/04
Combat wounded Vietnam veterans
Jere Beery and Dale Van Luven have teamed up to spearhead a nationwide effort
to protect VA disability compensation from the grasp of State Judges.
Jere Beery, 56, from Newnan, Georgia, was recently ordered by Georgia State, Superior Court, Judge, Alan Keeble to pay his ex-wife $24.000 in alimony directly from his monthly VA disability compensation. “According to U.S. Code 38, section 5301(a), this ruling is a violation of Federal Law”, Beery said.
AmVets, National Service Director, James Doran agrees with Beery, and has requested several Georgia elected officials investigate this matter. In an email to Senator Lee, Senator Seabaugh, State Representative Smith, State Representative Chambliss, State Representative Von Epps, and Chairman Duffey, Doran suggest that Judge Keeble may be in violation of United States Constitution 8th Amendment, Georgia Constitution Article I Section I Paragraphs XVIII and XXVII and Section II Paragraph II, as well as Title 38 United States Code Section 5301(a).
Van Luven, 54, is another combat wounded Vietnam veteran facing jail by the end of April unless he gives all of his VA disability compensation and Social Security to his ex-wife. "And that isn't enough", Van Luven stated. "They want more money than I have coming in."
Neither man has, or can afford an attorney to represent them. “I have lost everything I owned,” Beery said. “I currently live in the attic of a friend's home, and I don’t know why I should have to pay an attorney to fight an illegal ruling”, Beery added.
Both Beery and Van Luven have known each other for many years. They are both Founding members of a Veteran’s Rights web sight WWW.FIREBASE.NET. Beery and Van Luven are well known by many within the veteran’s community for their past activism on behalf of veteran’s issues. Both men have been fighting for veterans and veteran’s rights for decades, now they are the ones needing help.
Van Luven, of Hermitage, Tennessee, said, “These are not an isolated incidents. State Judges across the country are stripping veterans of their veterans' benefits. I have nothing left to give. I guess I’m going to jail.”
Beery has publicly posted a Declaration of Contempt in which he states he will turn himself into law enforcement on July Forth of this year. “I hope my arrest draws attention to the real problem here. According to Federal Law, VA disability compensation is not to be considered as income in any legal proceedings. The fact that these veterans benefits are even mentioned in both Van Luven’s and my Court Order proves the Judge considered it as income in their rulings”, Beery commented.
Both veterans feel unless their plight gets national media attention, this illegal practice will continue. “Beery and I are totally committed to protecting VA disability compensation for all veterans,” Van Luven said. “How would you like to tell our returning troops that their VA disability benefits are not secure,” Beery added.
Beery and Van Luven are gaining supporters daily. “I have gotten many emails from supporter of our effort, and believe me, the veteran’s community is very upset by this matter,” Beery stated. “There are some things worth fighting for. The protection of our troop’s benefits is one of them,” added Beery.
“I personally would like to see Judge Keeble removed from the Bench. I don’t think any other action would send a strong enough message to our nationwide legal system,” Beery said.
Another combat Vietnam veteran and friend of Beery, Dave Otto of Jefferson, Ohio said, “This is the most disgraceful thing I have ever heard of. These men were in combat, wounded and disabled. Their wives weren’t. I served with Beery on river patrol boats in Vietnam. I was with him the night he was hit by a RPG. Believe me; Beery is entitled to every red cent he gets. He was hurt real bad”.
Beery and Van Luven are recruiting support for their effort to keep VA benefits out of the hands of non-veterans.
A Rally is tentatively planned for July Forth in Newnan, Georgia when Beery turns himself in to the Coweta County Sheriffs Department for contempt of court charges. "But, Van Luven is going to jail before I do," Beery concluded. Van Luven will possibly be in jail by April 30, 2004 for contempt of court and non-payment.
Beery — jerebeery@aol.com
Van Luven —
Vietna467@aol.com
WWW.FIREBASE.NET
By Staff
Writer: Rick Townsend
firebaseadrian@tc3net.com
3/25/03
An incredible heated legal and
public battle between combat wounded Vietnam Veteran, Jere Beery, and Georgia
State Superior Court, Judge Alan Keeble, has raised eyebrows nationwide.
Veterans and military personnel from across the country are watching this story
like a hawk. Jere Beery, of Newnan, Georgia, recently appeared before Judge
KEEBLE in a Finial Divorce hearing. In an extremely usual move, Judge KEEBLE
ordered Mr. Beery to pay his ex-wife $24,000 in alimony directly from his
monthly VA Disability Compensation check. According to Beery, who has been
living in a homeless shelter for the past 10 months, Judge KEEBLE is in
violation of Federal Law. U.S. Code, Title 38, section 5301(a), states in part:
Nonassignability and exempt status of benefits Payments of benefits due or
to become due under any law administered by the Secretary shall not be
assignable except to the extent specifically authorized by law, and such
payments made to, or on account of, a beneficiary shall be exempt from
taxation, shall be exempt from the claim of creditors, and shall not be liable
to attachment, levy, or seizure by or under any legal or equitable process
whatever, either before or after receipt by the beneficiary.
Beery, who was severely wounded while serving with river patrol boats in Vietnam, has declared he will go to jail before complying with Judge Keeble’s ruling. Beery, who is also a very active Veteran’s Right Advocate, has pledged to turn himself into authorities on July 4, 2004 to face Contempt of Court charges.
“It’s not all about me”, Beery said. “It’s the idea that a State Judge can ignore Federal Law and hurt another disabled veteran in the future that makes me mad. I’m not going to stop until VA disability compensation is totally protected for our troops and every Judge across the country understands that.”
So far, Beery has picked up support from AmVets and at least one Atlanta radio station, WGST/Talk Radio, 640 AM. “The story is still very young yet and I expect many to join this effort in the near future,” Beery said.
There is talk among several grassroots organizations of a possible “Protect Our Troop’s Benefits Rally” taking place in Newnan on the day Beery turns himself into law enforcement. Organizers feel this is a great opportunity to bring attention to veteran’s issues before the November Election. Beery agrees with this observation. “I think Judge Keeble’s removal from the Bench is the only action that would send a strong enough message to all politicians and judges nationwide”, Beery said.
On March 17, Beery released his “Declaration of Contempt” nationally. “Since that time, I have received hundreds of emails of support and offers to help put a Rally together”, Beery explained. “Most feel as I do, we simply cannot let this opportunity to publicly support our troops and protect their earned benefits go by”, Beery concluded.
Beery — jerebeery@aol.com
Van Luven —
Vietna467@aol.com
For
an online copy of the Beery's Declaration of Contempt, please visit either of
these two web addresses.
http://www.firebase.net/Declaration%20of%20Contempt.htm
http://kimmershow.com/HELP-A-VET!.html
To view the Court Order, use the web address below.
http://www.firebase.net/Beery%20Court%20Order.htm
For JERE BEERY’s Military Bio, use this web address.
http://www.firebase.net/fbn_bod_bios/beery_bio/jere_a_bio.htm
The
Loop,
Many have asked for contact information for the Newnan area media we
are working with. Here are the main local points of media for this story. We
need to EMAIL BLITZ these targets now. You can start at any time. Send
them your comments TODAY! Don't hold back. The success of our efforts depends
on everyone voicing their concerns now. Even if you only write a one sentence
comment and send it to these first four, please take the time to do it now.
Click on the email links below, or click here to email all of the below at once!
Newnan Times-Herald, Editor —
ellen@newnan.com
Newnan Time-Herald, Asst. Editor —
winston@newnan.com
WGST, —
WayneKitchens@ClearChannel.com
Atlanta Journal Constitution —
letters@ajc.com
If you want to email
national News Media, use the links below. This is a few of the contacts that
have taken an interest in this story thus far. You may have some other media
contact ideas. Go For It!!!
Oreilly@foxnews.com
proactive@bresnan.net
Dateline@NBC.com
Dean.T.Irwin@abc.com
Nightly@NBC.com
alex@infowars.com
Comments@foxnews.com
judy&thomas@cnn.com
Judge KEEBLE's contact information — Judge Allen B. KEEBLE Superior Courts, Coweta Judicial Circuit Colonial Bldg., Suite 201 119 Ridley Ave. LaGrange, GA 30240-2747 Phone: 706-883-1730 Fax: 706-883-1639
JERE BEERY, USN, (Ret.) National Director
WWW.FIREBASE.NET
JERE BEERY's
Military Bio
here
»