Beery elaborated, “I gave my wife absolutely everything we ever owned, including many valuable family heirlooms and antiques from my side of the family - which I inherited and did not have to give her. My fight is not an attempt to avoid paying alimony or to leave my ex-wife with nothing. We have no children and my ex-wife is very comfortable. This is about protecting something I earned with my flesh and blood, my veteran’s benefits. My VA disability compensation is the only thing I have left in my life, the only thing I own in the world, and no one is going to take it from me without one hell of a fight,” Beery stated.

At the center of the controversy is U.S. Code, Title 38, §5301(a), which 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.” “If my ex-wife is entitled to any of my VA benefits (which she is not) – she needs to apply to the Department of Veteran’s Affairs. Civil courts have no right touching my earned veteran’s benefits or using those benefits to determine my worth,” Beery said.     

Dale Van Luven, 54 of Hermitage Tennessee recently served 30 days in a Nashville jail on contempt of court charges when he refused to pay alimony calculated using his VA disability compensation as an asset in a 2003 divorce. Van Luven is a Vietnam combat disabled veteran and veteran’s rights advocate in Tennessee who was well known by Jere Beery. Early in 2004, Beery and Van Luven teamed up to bring attention to what they see as a violation of their veteran’s benefits protection. “These state judges know exactly what they are doing. They have declared open-season on veteran’s benefits,” Van Luven claimed.  

Fellow disabled veteran and veterans’ advocate Don Holland, USN(ret.), 62, of Orlando Florida agrees and has publicly voiced support for Beery and Van Luven’s efforts. Holland is a retired Master Chief Petty Officer with 30 years of naval service under his belt. Holland is also a victim of similar divorce scenario in Florida. “As an active member of several national groups monitoring military retirement issues and veteran’s disability benefits, I can tell you with great certainty – Beery and Van Luven have gotten the attention of many across this country. Veteran’s benefits are, and have been under attack in state divorce courts for many years. Unfortunately, the Beery, Van Luven and North cases are not uncommon. It is commendable these three proven Americans are standing tough and have drawn the line in-the-sand for all of us,” Holland stated.

Holland has been involved for many years in grassroots efforts to reform the Uninformed Services Former Spouse Protect Act, (USFSPA). According to Holland there are many similarities between the protection of earned veteran’s disability and earned military retirement issues. “Both are derived from loyal service to this country, and state judges are accessing these two federally funded systems with total disregard for veteran’s rights and without federal regulation,” Holland said.

In addition to 30 years of service in the Navy, Don Holland holds a Masters in Education, Bachelor of Science, and Associate of Science degrees. During his naval career, Holland spent approximately 10 years as a U.S. Navy recruiter. Referring to the current lack of veteran’s benefits protection; “There are many things the recruiting brochures don’t tell young people,” Holland said. 

Master Sergeant, James T. North, USMC, (Ret.), of Harrison Township, Michigan is yet another disabled veteran ordered to pay a divorce settlement from his VA disability compensation. North is a combat Desert Storm veteran with 21 years in the U.S. Marine Corp. In early 2004, North was ordered to pay his ex-wife 50% of his monthly VA disability compensation for life as a “property settlement”. Last month North’s ruling was reversed and his court ordered payments can now be recalculated without the inclusion of his veteran’s benefits. “My motives are very simple. If going public with the details of my divorce contributes to the future protection of our troop’s benefits, all of the time, effort, and money I have spent will be well worth it,” North stated. 

Attorney at Law, and fellow combat disabled veteran Jack Nebl of Eatonton Georgia is representing Jere Beery, Pro Bono (free of charge). In April, Nebl filed a Motion of Reconsideration on Beery’s behalf in Superior Court of Coweta County Georgia. A ruling and legal interpretation will be short coming, as the Beery case was slated for a hearing earlier this month. “Jack Nebl and his legal team are awaiting a copy of the paperwork before commenting,” Beery stated. “It is extremely important that we do not release any legal opinions concerning developments in my case before we have all of the facts. However, preliminary reports indicate we may have scored a small victory in Coweta County,” Beery added.

Beery has expressed a personal desire to help others and has authorized Jack Nebl to share any/all of the details surrounding his case with veterans in similar situations. “Understandably, Jack Nebl cannot donate free time to an unlimited number of cases, he has a business and his livelihood to think about. However, he has agreed to provide documentation and brief guidance to anyone pursuing this issue,” Beery stated. “Jack Nebl is a great American not only for his combat service to this country in Vietnam, but for his continued support of his fellow veterans. What we really need is more attorneys like Jack Nebl nationwide to join the battle to protect the benefits earned by our men and women in uniform,” Beery stated.      

Dale Van Luven is currently looking for an attorney in the Nashville area to take his case. Unless he complies with a court order to pay $6000 in back alimony, he will be arrested once more and serve an additional 90 days in jail. “I am being treated like a criminal because I will not give up my VA disability compensation to pay alimony,” Van Luven claimed. “Now, you tell me what’s wrong with this picture?” Van Luven added. 

All five of these proven patriots feel very strongly about the future security of our troop’s earned benefits. “We feel a blood-bound obligation to our fellow veterans injured in the line of duty to warn them of the dangers associated with state divorce court”, Beery stated. “There is no gray-area here. Veteran’s benefits are either totally protected and belong solely to the veteran had earned them, or they are not,” Beery concluded.

For the entire story, visit – WWW.JEREBEERY.COM

Jere Beery – jerebeery@aol.com

Dale Van Luven – Vietna467@aol.com

James North - gymgemjim@comcast.net     

Don Holland - donholland1@yahoo.com

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