PRESS RELEASE #3
Beery and Van Luven join forces to protect VA Disability Compensation
By Staff Writer: Rick Townsend
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
All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY