PRESS RELEASE #32
Beery Awaiting Georgia Investigations Findings, Van Luven to File Complaints in Tennessee
Staff Writer – Rick Townsend
05/11/05
Vietnam combat wounded and disabled veteran Jere Beery of Jefferson Ohio is currently awaiting the results from two investigations being conducted by two separate Georgia law offices, the Georgia Bar Association and the Georgia Judicial Qualifications Commission. Although the complaints/grievances are filed with two separate governing Georgia agencies/offices, both grievances are connected by virtue of Beery’s ongoing legal battle to protect his veteran’s benefits from a third party award as alimony.
Last month Beery filed formal complaints against Georgia Superior Court Judge, Allan Keeble, and Georgia attorney at law, John (Jack) Nebl for what he called violations of federal Code and questionable ethics practices. For more than a year now, Beery has claimed Judge Allan Keeble violated federal laws established to protect Beery’s VA disability compensation when he ordered Beery to use his VA disability compensation to pay alimony. Beery has filed a formal complaint with the Georgia Judicial Qualifications Commission and the matter is currently under investigation. In Beery’s complaint, he charges Judge Keeble is in violation of U.S. Code, Title 38, §5301(a), and U.S. Code, Title 42, §659. In part these Code states the following; “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”.
According to Jere Beery, a well known veteran’s rights activist, the Code is very clear in its intended protection of veteran’s benefits from third party awards. “VA Disability Compensation is under the sole control and discretion of the Secretary of the Department of Veterans Affairs, and cannot be garnished, modified, or attached by anyone outside the VA, either before or after receipt by the veteran. In Beery’s final divorce decree his VA check is mentioned as his ONLY source from which he could pay alimony. “This money is paid to our disabled veterans tax-free. It is never to be considered as an "asset", “income” or “community property” in any civil litigation, much less a divorce case,” Beery stated. “I was there, and I know what was done in court,” Beery said. He added, “My VA money was openly discussed by my ex-wife’s attorney, Ike Hudson of Newnan Georgia and Judge Keeble in the courtroom. Curiously, there is no transcript or audio tape of this divorce settlement hearing,” Beery said.
Dale Van Luven is another combat disabled Vietnam veterans fighting to keep his veteran’s disability benefits out of the hands of his ex-wife. In November of 2004, Van Luven served 30 days in a Tennessee county jail on contempt of court for refusing to use his VA disability compensation to pay alimony. “My ex-wife could have me thrown back in jail at any time, because I still have not paid one penny to her in alimony. 80% of my ability to pay alimony was based on my earned VA disability compensation and my Social Security Disability. That is simply not an acceptable practice for this combat vet, or my Buddies,” Van Luven stated.
Jere Beery agrees, and in March of 2004, Beery and Van Luven teamed up to publicly expose what state judges are doing to veteran’s benefits. Since that time these two men have gained much support from the U.S. veteran/military community. Several elite veteran organizations have voiced deep concern for protection of veteran’s benefits in divorce court. Among the nationally recognized organizations publicly questioning this practice are; the Paralyzed Veterans of America (PVA), Disabled Veterans of America (DAV), and Gamewardens of Vietnam Association (GWVN). Beery and Van Luven feel that many more will voice their support in the months to come.
To complicate matters, Beery has filed a complaint against his own attorney. In April of last year, attorney at law, Jack Nebl, of Eatonton Georgia filed a motion in Coweta County Superior Court of Georgia for a new hearing for Jere Beery. On December 7, 2004, Beery lost his motion for reconsideration and his appeal rights when Mr. Nebl did not appear in court, nor notify Beery to attend the scheduled hearing. Jere Beery has filed a formal complaint against Mr. Nebl with the Georgia Bar Association and that matter is currently under investigation. “If I had known my attorney was not going to appear in court, I would have been there to represent myself. I can’t help but feel I was setup for this,” Beery stated.
Van Luven is in the process of filing formal complaints with authorities in Tennessee against Superior Court Judge Mural Robinson, Circuit Court for Davidson County, Nashville for violations of USC, Title 38 and 42 as well. “I can’t afford to fight the judge in court, and I do not have an attorney. But, I will fight this issue in the public arena until the day I die,” Van Luven pledged. Van Luven is awaiting a reply to his grievances from the Board of Professional Responsibility of the State of Tennessee.
Both Van Luven and Beery have had problems with attorneys in their individual legal battles, and Van Luven has filed complaints with BPRST against two lawyers also. “It was my ex-wife’s attorney who brought my veteran’s benefits up in court. It should have been protected from even being acknowledged or mentioned in court. You can’t say; “we discussed/considered your VA compensation money and decided not to discuss or consider that money in your case.” “If you discussed it, you had to have considered it, which means it is connected or attached. This is not rocket science folks,” Van Luven joked.
Beery is concerned that Judge Keeble’s legally-questionable ruling in his divorce settlement may go unchallenged and other veterans may have their veterans benefits awarded to their ex-spouse by this very same judge in the future. “State courts have no right to consider veteran’s benefits in a divorce settlement as an asset. If my ex-wife is entitled to any of my earned disability benefits, she needs to apply to the Department of Veterans Affairs, not a state or county court,” Beery added. Jere Beery has made it very clear that he too will go to jail before paying alimony with his veteran’s benefits.
Beery and Van Luven have felt compelled to keep their supporters informed on all developments with their efforts. Anyone desiring to know the entire story, you will find 32 timeline articles post at this link - http://jerebeery.com/press_releases_page.htm “We also have reference cases on that page as well. Dale and I have heard from a number of disabled veterans going through the same treatment in divorce courts all over the country. The information on our web site has already helped a few veterans,” Beery added.
Update on the Dale Van Luven Defense Fund, the current total is; $1169.69. If you would like contact or donation information, please visit this link - http://jerebeery.com/VAN%20LUVEN%20Fund.htm
For the full story, visit WWW.JEREBEERY.COM