PRESS RELEASE #16
Elite National Veterans’ Organization joins Beery and Van Luven battle to protect VA disability compensation
By Staff Writer: Rick Townsend
10/10/04
Gamewardens of Vietnam Association, Inc. (GWVN) is the oldest continuously operating nationally chartered Vietnam veteran’s organization in the United States. Established in 1968, and incorporated in 1970, Gamewardens was the first organization created for the U.S. Navy’s Task Force 116, River Patrol Forces and Special Warfare units involved in Operation Gamewardens. GWVN consist of nearly a thousand members with some members now living in several different countries. GWVN’s membership not only consists of PBR (Patrol Boat, River) personnel that served in Viet Nam, but all units that were assigned to TF-116. This would include U.S. Navy SEALs, Seawolf gun ships, and other special warfare and support elements of Operation Gamewarden. In no short terms, these combat tested Patriots are the “best of the best” and were feared and respected by the Viet Cong. TF-116’s nine year combat history and service records reflect bravery and valor on a daily basis up the smallest rivers and canals of the Mekong Delta. The men of TF-116 are legendary for their combat operations and humanitarian efforts in support of the South Vietnamese people during the Vietnam War. To illustrate how elite TF-116 was, they were the only U.S. Navy unit officially authorized by COMNAVFORV to wear the coveted Black Beret as a part of their dress uniform.
Jere Beery and Dale Van Luven are two combat disabled Vietnam veterans who have been ordered to pay alimony directly from their VA disability compensation. In March of 2004, Beery, then living in a homeless shelter in Georgia, was ordered to pay his able bodied ex-wife $24,000 from his only source of livelihood, his VA disability compensation. Van Luven, who lives in Tennessee, was ordered in 2003 to pay his ex-wife alimony with his VA disability compensation as well. In both men’s court order VA disability compensation is directly mentioned and both judges used this factor to determine these veteran’s “ability to pay” alimony. In both cases there were no children involved or retirement pay waivers to consider. In the Beery case, his VA disability compensation is his only means of support. According to U.S. Code, Title 38 and Title 42, both Beery and Van Luven’s court orders are in violation of federal statutes designed to protect such veteran disability compensation benefits.
Gamewardens of Vietnam Association President John Woody agrees and has written an open letter voicing not only his personal concern, but the concern of entire GWVN membership. In a published letter, Mr. Woody challenges the legality of State courts awarding alimony based on VA disability compensation. “Gamewardens of Vietnam joins Beery and Van Luven in their protection of VA disability compensation. We further asks that other Veterans Service Organizations step forward and get involved in helping our veterans retain the rights assigned them for their service to the United States,” the letter states. Woody has personally researched the issue in Texas and found it is wrong for State courts to assign divorce alimony from VA awarded disability compensation. The letter is being distributed to the GWVN membership for individual signatures at www.tf116.org/pdf/Beery.pdf, and members are being encouraged to print and send copies to interested parties.
Although all of the major nationally chartered veterans’ service organizations have been made aware of these two cases, Gamewardens is the first notable and internationally recognized veterans groups to publicly voice their disapproval of VA disability compensation being equated into a disabled veteran’s ability to pay alimony by state judges.
Earlier this year Beery and Van Luven joined forces to expose this breach of veterans benefits. “Beery and I have been actively involved in helping veterans for many years now. We both knew we couldn’t just ignore this illegal practice by state judges and allow it to continue. We entered into a pack only two combat brothers would understand - to expose and stop this attack on our troop’s benefits”, Van Luven stated. “Veterans benefits are being stripped by civil courts, and established laws to protect them are not being enforced,” Van Luven added.
In March of this year Beery and Van Luven launched an ambitious media blitz in an effort to draw attention to their cases. Since then, they have heard from numerous other veterans that are/have experienced the very same treatment by state judges. “This is happening to disabled veterans nationwide,” Van Luven said. Beery and Van Luven however, have not received any assistance from any of the national veterans’ service organizations (i.e. VFW, DAV, American Legion, AmVets, PVA, JWV, etc.). “We have been advised that these NVSOs do not get involved in civil matters,” Beery said. “I submit to these so-called veteran’s advocates that there is nothing “civil” about the violation of federal law”.
Beery and Van Luven have discovered another angle to this problem. Both have heard from disabled veterans claiming that items purchased for them by the Department of Veterans Affairs have been awarded to their ex-wives in divorce court. In one case, a house that had been totally remodeled and modified to accommodate the veteran’s wheelchair with ramps and a therapeutic whirlpool bath (paid for by the VA) were awarded to his ex-wife. In another case, a vehicle modified for a wheelchair and special equipment so the disabled veteran could drive - was awarded to the ex-wife. “In my personal case, my ex-wife was ordered to return $2,000 worth of software bought for me by the VA under vocational rehabilitation; I have never received any of these items back. She claims they are lost, and there is nothing I can do about it,” Beery added. Beery admits that may sound insignificant, but points out, in his case alone, combined with the court ordered $24,000 in alimony – represents $26,000 in American tax dollars originally earmarked for veteran’s benefits.
Rick Plymale, lead investigator on the Beery case, and fellow Vietnam veteran, explained it this way. “The federal laws are very clear in their intent to protect VA disability compensation; however because of the obscure way these statutes are written, combined with variances in laws that govern access to DOD funded military retirement pay verses DVA funded veteran’s disability compensation, enforcement is extremely elusive. Civil courts find it difficult to differentiate between the two and misinterpret disability compensation as retirement income, or as an asset. Unfortunately, this mindset results in a violation of federal statutes established to protect a veteran’s VA disability compensation as non-income. Mr. Woody and Gamewardens of Vietnam should be commended for stepping forward on this issue and helping draw much needed attention to this matter,” Plymale stated.
Beery added additional feelings about the GWVN letter. “These are the guys I served with. They understand what the real issue is. They see the danger to our troop’s benefits. They now have children and grandchildren of their own in harm’s way. They understand this is not just about a simple divorce. It humbles me that my former outfit from Nam has come to assist in this effort to protect earned veterans benefits. What a great honor it is to receive this level of support on an issue of this magnitude,” Beery stated.
Van Luven was also moved and impressed by the GWVN letter of support. “Personally I am extremely appreciative of Gamewarden’s support for what Beery and I are trying to do. Gamewardens is obviously a group of veterans willing to stand up for the rights and protection of veteran’s benefits. Hopefully, others will follow this highly revered organization’s lead," Van Luven concluded.
Jere Beery jerebeery@aol.com Dale Van Luven firebasetn@aol.com
Jack Nebl & Rick Plymale lawdog98@bellsouth.net John Woody president@tf116.org
For the full story, visit – WWW.JEREBEERY.COM
Click here for contact information for
Attorney at Law - CHARLES GALBREATH,
Criminal Investigator - RICK PLYMALE
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY