PRESS RELEASE #5
Beery finds Lawyer and files Appeal in VA disability case, Van Luven facing jail
By Staff Writer: Rick Townsend
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
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY