Beery and Van Luven Mission gains Momentum

WWW.FIREBASE.NET

By Staff Writer: Rick Townsend

firebaseadrian@tc3net.com



04/01/04

Vietnam combat disabled veterans, Jere Beery and Dale Van Luven continue to gain supporter from the military retired and veteran community. “I didn’t realize the extent of this problem. We are hearing from veterans that are paying alimony out of their retirement pay and VA disability pay. This issue is becoming more complex and widespread by the minute”, Beery said.



Beery went on to explain, “Military retirement pay/pension (Not Federally Protected), is considered income, and is taxable by the IRS. VA Disability Compensation (Is Federal Protected), is non-taxable, and not considered income by the IRS. Retirement Pension is paid directly from the Department of Defense and VA Compensation is paid from the Department of Veterans Affairs. Since Retirement Pay is income, it has always been subject to attachment/consideration by State Courts in divorce cases, especially when children are involved. The problem is State Judges wrongfully invoke the statutes that apply to retirement pay to award ex-wives access to VA disability compensation. This is wrong and illegal. Since most veterans think the “Judge” is always right, they merely try to absorb the payments and go about their lives. What has happened is many disabled and retired veterans have been victimized by State Courts nationwide who have illegally awarded a part of, or all of their protected VA disability compensation to their ex-wives. The number of affected disabled American veterans could be very high”, Beery stated.



A large number of concerned Americans within the veteran’s community have already bombarded national media with emails in an effort to get Beery and Van Luven legal assistance as well as bring national attention to their issues. Beery and Van Luven have recruited many interested parties online, and their 03/31/04 Press Release is showing up on message boards worldwide. “You would be very surprised how fast this country’s veterans and supporters have come together to spread the word about this story”, Beery stated.



In a letter to FOXNEWS, Beery’s former patrol officer in Vietnam weighed in on the man’s dilemma. Commander, Richard Godbehere, USN, (Ret.) said, “Judges like Judge Keeble that would deny combat wounded veterans their just and due compensation provided to them to live do not have America’s best interest at heart. What kind of message is this to those that would risk their lives in the service to their country?”





Van Luven could go to jail at anytime for non-payment. He is already delinquent and awaiting arrest. Beery plans to turn himself in to authorities in Georgia on July 4th of this year. Both men feel a very strong commitment to protect VA disability compensation for our veterans and troops. “If me going to jail helps bring attention to the failed security of our troop’s benefits, so be it,” said Van Luven. “I simply can’t live with the knowledge another combat disabled veteran could be stripped of his/her benefits by some local Judge,” Beery added.



Beery’s Court Order states he has only 10 days from this report to file an Appeal. According to Beery, there are several major flaws in Judge Keeble’s ruling. “My Court Order makes no sense. How could my total monthly living expenses be $500 when that is just my rent? I also have to buy food, gas, electric, auto, insurance, medical co-pay, prescriptions, phone, clothes, just to name a few. I can’t afford a lawyer, so I guess I can’t afford Justice either” Beery explained. In addition, my health is degrading rapidly as I grow older. No telling what medical bills and co-payments I will incur,” Beery added.



These two jail bound warriors have vowed they will not give up their fight to protect VA disability compensation from unauthorized hands. Both feel these benefits belong solely to the disabled veterans that earned them, and not to someone that never served in the military. “There are many social programs spouses, widows, and dependents can turn to for financial assistance, taking away benefits earmarked for our disabled veteran’s only adds to their injuries”, Beery said. “Beery and I went public with is to bring attention to a very serious problem. We both could have just left the state and kept our mouth shut. But, that wouldn’t stop this from happening to another disabled veteran in the future. We don’t want this issue quietly resolved”, Van Luven added.



“I don’t know how to say this any plainer. Our troop’s disability benefits are being diverted to people other than who they were awarded to. State Judges are inflicting additional hardship and emotional pain upon our disabled veterans with illegal rulings. Dale and I are willing to face jail to bring attention to this disgraceful injustice”, Beery concluded.



CDR. GODBEHERE Letter




JERE BEERY, USN, (Ret.)