PRESS RELEASE #19
Van Luven - Ten Days In Jail Without Medication, Beery Returns From Nashville
By Staff Writer: Rick Townsend
11/13/04
Veteran’s rights advocate and Vietnam combat disabled veteran Jere Beery has returned home to Jefferson Ohio after traveling nearly 1200 miles round trip to visit with fellow disabled veteran Dale Van Luven in jail.
Van Luven is currently serving a 30 sentence for contempt of court for refusing to use his VA disability compensation to pay alimony. Van Luven is incarcerated at the Correctional Work Center in Nashville Tennessee. As of this article date, Van Luven has been in jail for 10 days.
On Thursday of last week Jere Beery drove from northeast Ohio to Nashville Tennessee with the objective of visiting Van Luven in jail and insuring he had his VA prescribed medicine. “When I got down there I discover Dale had not been approved for visitation. The only reason I was able to get in to see Dale was because of a CWC rule that states anyone that travels over 100 miles can be allowed special visitation for 45 minutes with an inmate. His family hasn’t been allowed to see him at all,” Beery said.
In addition, Van Luven hasn’t been approved for phone privileges as well. He is currently using another inmate’s number to call home.
Beery also delivered Van Luven’s much needed PTSD seizure medicine with a letter from VA doctor Alyssa Browning, MD, requesting Mr. Van Luven is allowed his much needed medication immediately. “Dale has been denied his PTSD medications in jail and is suffering dearly for it,” Beery explained. “I was assured by the deputy on duty, H. Haley that the medications would be given to the jail doctor for approval and then Dale would get them,” Beery added. “However, they have told concerned callers Dale was receiving his medications, when he hasn’t. I’m not certain when or if he will get them,” Beery added. (Click here to read Dr. Browning's letter)
Beery described Van Luven’s appearance as somewhat frail and depressed. Van Luven also complained to Beery of back pain from an earlier altercation with an over zealous deputy. He also told Beery that he was having a difficult time dealing with his imprisonment. “Dale told me the only thing that keeps him going is the thought that the time he is serving will bring attention to what state judges are doing to veteran’s benefits. Dale is a man on a mission”, Beery said.
In March of 2004, Beery and Van Luven teamed up to expose a blatant violation of federally protected veteran’s benefits by state judges who are awarding alimony based on a disabled veteran’s VA disability compensation. A review of both the Beery and Van Luven finial divorce decrees show that both men’s VA disability compensation was used as an asset in determining their ability to pay alimony. “That is a direct violation of U.S. Code, Title 38, section 5301(a)”, Beery claims. “It is direct attachment by calculation,” He added.
Beery may be facing jail in Georgia for refusing to use his VA disability compensation to pay alimony as well. In March of this year, Georgia Superior Alan Keeble ordered Jere Beery to pay $24,000 directly from his federally protected veterans benefit, as VA disability compensation is Beery’s only source of livelihood and 100% of his ability to pay alimony was based on his veteran’s benefit. “I have been a veteran’s rights advocate for many years now. I am a Past Chapter Commander and Service Officer for the Disabled American Veterans (DAV). I knew Judge Keeble was in violation of Title 38,” Beery stated. “Dale Van Luven is wrongfully jailed,” Beery added. The Beery case is currently in a Continuance as ordered by Judge Keeble. No date for a Hearing has been set.
Beery states he was able to make the trip to Nashville thanks to donations from the Firebase Network and other grassroots veteran supporters. “Dale wanted me to express our appreciation to everyone for their support - in both expenses and prayers,” Beery stated.
Beery explained Van Luven situation as this, “Dale has three financial sources of which Tennessee Circuit Court Judge, Muriel Robinson could consider when determining his ability to pay alimony. Dale worked for General Motors for 27.5 years and draws a monthly pension of $700. He also receives Social Security of $1100 a month. In the mid-90s the VA rated Dale 100% (T&P, SC) and awarded him $2300 a month. Over 50% of Dale’s ability to pay alimony was based on his VA disability compensation amount alone. Dale was ordered to pay his able bodied ex-wife $1000 a month for 5 years ($60,000). Dale was also ordered to pay her medical insurance coverage and all of her lawyer fees. For several months Dale made the court ordered payments totally $10,000. However, earlier this year, Dale felt so strongly about what the judge had done, combined with the financial hardship he and his family were suffering, Dale stopped making the payments in protest of Judge Robinson’s obvious violation of federal laws. Dale is currently $5800 behind, and is facing $44,000 in future alimony payments. Once Dale is released from jail on December 4th, he will face being charged and jailed for 120 days if he does not pay the $5800 back payments and other attached cost,” Beery concluded.
Van Luven has been unable to find legal representation that is willing to go up against the judge. According to Beery, the attorney Dale retained for $700, Ray Galbreath of Nashville told him on the phone Friday that Dale’s case is over and he had no obligation to Van Luven to pursue the matter.
Beery and Van Luven have known each other for many years. However, this jail visit was the first time the two Vietnam warriors met face to face. Dale Van Luven is an original member of the Firebase Network’s Board of Directors and an active member of the VFW. Both men have established track records of fighting for veteran’s rights.
The Beery and Van Luven stories are apparently not isolated incidences. The two veteran’s rights crusaders have received responses from a number of disabled veterans nationwide. In addition, the issue has infuriated many in the military and veteran community. However, the National Veterans Service Organizations and the VA have been slow to respond. Meanwhile, Dale Van Luven sits in jail without visitation, without phone privileges, and without his VA prescribed medicines.
Beery summed up the Van Luven situation in this way, “Dale Van Luven is not a criminal. He is not a lightweight American. He served his country in combat and he was disabled in the line of duty. Dale worked for over 27 years for GM after he returned from Vietnam. Right now, Dale is in jail for standing up against what he sees as injustice. Dale is in pain, and does not look well. As we speak, Dale Van Luven is risking his health for the protection of veteran’s benefits. Dale is not a wealthy man either and he will never be able to catch up on his illegal court ordered alimony. This is a very bad situation. I am publicly requesting that someone in authority get Dale release from jail as soon as possible until this Title 38 issue can be resolved,” Beery pleaded.
To write to Dale Van Luven: DALE VANLUVEN – 209919, Correctional Work Center, 448 Second Avenue North, Nashville, TN 37201
For the entire story, visit - WWW.JEREBEERY.COM
Dale Van Luven family - Vietna467@aol.com
Jere Beery - jerebeery@aol.com
Click Here For "VAN LUVEN Defense Fund" Information
Click here for contact information for
Attorney at Law - CHARLES GALBREATH,
Criminal Investigator - RICK PLYMALE