PRESS RELEASE #6

Van Luven ordered to pay alimony with his VA Disability Compensation and Social Security Disability, now facing jail
WWW.FIREBASE.NET
By Staff Writer: Rick Townsend
firebaseadrian@tc3net.com 

04/14/04

Dale Van Luven is facing the toughest battle of his life. Van Luven, 54, of Hermitage, Tennessee, is a totally disabled Vietnam combat veteran. He receives a modest amount of disability compensation from both the Veterans Administration and Social Security. In addition, Van Luven worked for many years with General Motors and he receives a small $850 a month pension from GM. All totaled, Van Luven has been ordered to pay just under $100,000.00 in alimony from his GM pension, Social Security disability and VA disability compensation. “I’m on disability, I’m not well, and how am I supposed to pay that kind of money?” Van Luven questioned. Van Luven has already served 8 months for the inability to pay this alimony, and now faces jail once more. “How can I pay money I don’t have,” Van Luven asked.

Several weeks ago, Van Luven teamed up with Jere Beery, another Vietnam combat disabled veteran in an effort to make the public aware of what State Judges were doing to disability compensation. Beery is in a similar situation, and has been ordered to pay his ex-wife $24,000 directly from his VA disability compensation. Last week Beery found an Atlanta area attorney to represent him in an Appeal Hearing scheduled for May 6th in Coweta County Georgia. However, Van Luven has lost his Appeal rights and is facing jail now. “I don’t know what to do,” Van Luven said. “I can’t handle going back to jail. My health is not good and being locked up again will kill me”, he added.

Van Luven is burdened with a number of health problems. Van Luven has to take 8 medications for his medical conditions; Phentoin and Primidone for head injury, Naproxen for his arthritis, Trazadone and Clonazepam for P.T.S.D., Citalopram Hydrobomide, Codeine for Pain, and Simvastatin. Van Luven has pledged to stop taking all of his medication if arrested and jailed again. “To go back to jail will be a death sentence for me,” Van Luven stated.

Although Van Luven’s case is somewhat more complicated, the basic problem appears to be that same. Can a State Judge legally order a disabled veteran to pay alimony directly from their VA disability compensation?

Both Van Luven and Beery insist their VA disability compensation is totally protected from being even considered in any legal action by U.S. Code, Tile 38, Sec. 5301(a). This Federal Statue states that such VA benefits are under the sole control of the Department of Veterans Affairs, and are not to be considered income at all. Beery and Van Luven say that in their cases VA disability was considered income and community property. “Disability compensation should belong solely to the person that has qualified by their disability to receive it, not an able-bodied spouse,” Beery said. “Sometimes in a divorce, both parties have to walk away only with what they can salvage,” Beery added.  

Since Van Luven and Beery teamed up, they have heard from several other disabled veterans in similar situations. Both men feel there is a grave danger to earned veteran’s benefits at stake here. “When State Judges take VA disability compensation away from a disabled combat veteran and awards it to a non-veteran ex-wife, something is very wrong. Who among us will volunteer to tell our returning troops their veteran’s benefits are not protected or secure?” Beery concluded.    

Jere Beery > jerebeery@aol.com

Dale Van Luven > firebasetn@aol.com

All questions, comments and suggestions about this web sight should be submitted to: JERE BEERY