Beery and Van Luven join forces to protect VA Disability Compensation

WWW.FIREBASE.NET

By Staff Writer: Rick Townsend

firebaseadrian@tc3net.com

3/29/04

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." Judge, Muriel Robinson of the Fourth Circuit Court for Davidson County, Tennessee at Nashville, signed the Van Luven Court Order.



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.



Beery > jerebeery@aol.com Van Luven Vietna467@aol.com

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Jere Beery to face jail in an effort to protect VA disability Compensation

WWW.FIREBASE.NET

By Staff Reporter: Rick Townsent

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 o