PRESS RELEASE #14
Beery and Van Luven Gain International Support
By Staff Writer: Rick Townsend
7/27/04
In a surprising development, Vietnam combat wounded veterans Jere Beery and Dale Van Luven have gained a swell of international support in their battle to protect VA disability compensation here in the United States. Both Beery and Van Luven have received hundreds of emails from Australian Vietnam veterans declaring their support for the battle the two men are waging. “The response from our brothers in Australia has been no less than incredible and deeply appreciated,” Beery said.
During the Vietnam War, Australia was a valued ally in the U.S. effort in Southeast Asia and supplied some 55,000 combat troops in country. At the war’s end Australia had suffered 520 killed in action, 3131 wounded in action, and still list 6 as missing in action. Today there are approximately 5000 Australian veterans listed as totally and permanently incapacitated and many more disabled from combat in the Vietnam War. Australia currently has approximately 900 troops supporting coalition efforts in Iraq, and continues to receive disabled veterans.
Beery’s attorney, Vietnam veteran Jack Nebl said, “I can totally understand Australian’s interest in this issue. The systems and agencies currently in place to serve the veterans in Australia parallels ours here in the U.S. in many ways. Just maybe what we accomplish here in the U.S. will help a fellow Aussie veteran in the future,” he added.
Beery and Van Luven are challenging the practice by state judges who are using VA disability compensation in there equations to determine one’s ability to pay alimony in a divorce. According to Federal Code VA disability compensation is totally protected from this type of ruling in divorce cases where there are no children and the veteran is not retired from the service.
Beery, who was wounded six times during his last firefight in 1968 aboard a river patrol boat, served a total of twenty seven months with the U.S. Navy in Vietnam. “Anyone that questions my credentials or my right to stand up for our veterans needs to do some research,” Beery stated. My service in Vietnam is a matter of public record. One merely needs to visit the library at the U.S. Naval Academy at Annapolis to check me out. If I can’t speak as one of America’s combat disabled veteran, no body can” Beery added.
Van Luven is another combat wounded veteran from the Vietnam War. “I was a U.S. Army bulldozer operator when I hit a land mind. I suffered a server head injury which constantly bothers me today. I too paid my dues in Vietnam,” Van Luven stated.
Charles Galbreath of Nashville Tennessee is Van Luven’s attorney. “Mr. Van Luven’s case is complicated by the fact he did not file an appeal in the allotted period of time. My client was simply unaware that Federal Law had been violated in the settlement process of his divorce. It will be difficult to go back and challenge the ruling at this point and time. However, we will be suggesting that there is no statue of limitation on a breach of Federal Law and therefore Mr. Van Luven is entitled to reconsideration,” Galbreath stated.
To date, the American news media at large has avoided covering the Beery / Van Luven story. The Department of Veteran Affairs and all of the national veteran service organizations have also refused to get involved in their battle. “Believe it or not, several politicians have even suggested any coverage of this “negative story” may adversely affect the moral of our troops, thus create a possible national security problem. What a cop out. This is the same argument former Vice President Al Gore used to avoid publicly discussing veteran’s affairs in the past. Everyone seems to have an excuse for not assuming any responsibility in addressing this issue. It wouldn’t surprise me a bit if this story broke in Australia long before it does here in the states,” Beery suggested.
In March of this year, Beery published a “Declaration of Contempt” in which he vowed to stop Georgia Superior Court Judge, Alan Keeble from ever abusing another disabled veteran’s VA disability compensation.
Nebl said, “Mr. Beery’s March 17th, 2004 “Declaration of Contempt” was poignant, concise, and factual in every detail. However, the legal system and its judges resent being publicly called-down in such an aggressive manner, he added. Unfortunately, when you take-on the courts, you become an adversary of the very problem you are trying correct. It is fairly obvious we need to get this case before another court in order to obtain a totally impartial ruling. At this point, the only way we can accomplish this is by rejecting any attempts to settle Mr. Beery’s case other than another ruling from Judge Keeble. Either way the judge rules will no doubt cause repercussions in some form, as this is apparently has happened to other veterans across the country,” Nebl stated.
Rick Plymale, fellow Vietnam veteran and lead investigator on the Nebl legal team said, “If what has happened to Mr. Beery is in fact standard practice by judges nationwide, it seems logical to conclude many millions of federal tax dollars has been illegally diverted to ineligible non-military recipients in the form of alimony. As a tax payer, I’m very concerned about this,” he added.
Beery is currently awaiting a date to be set for his motion for a new hearing. Both Beery and Van Luven have pledged to be jailed before relinquishing any portion of their earned VA disability compensation to their able bodied non-veteran ex-wives. “My ex-wife wasn’t injured in combat in Vietnam. She is not entitled to one cent of my VA disability compensation,” Van Luven concluded.
For the latest developments in this story, federal codes, reference cases, and supporting documentation visit www.jerebeery.com
Jere Beery jerebeery@aol.com
Dale Van Luven Vietna467@aol.com
Jack Nebl & Rick Plymale lawdog98@bellsouth.net
[Article Correction:] Totally and Permanently Incapacitated, (TPI) veterans in Australia has exceeded 27,000. Approximately 11,000 are Vietnam Veterans. (Source: Australian Federation of Totally and Permanently Incapacitated Ex Servicemen and Women Ltd.)
Click here for contact information for
Attorney at Law - CHARLES GALBREATH,
Criminal Investigator - RICK PLYMALE
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