PRESS RELEASE #9
Combat Disabled Veterans Denied Assistance By VA And Veteran Service Organizations
By Staff Writer: Rick Townsend
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 decisions 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
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY