To Buck and others

[Berta]

I saw that you had read the reply I made to Ddsr in his profile page.

I sent you a profile message this AM and decided to post it here.

"Again we are told by Tbird  to put members on our Ignore list-

That means members  can give inaccurate advice here that we are supposed to ignore.

Much -but not all, of my evidence for my OGC complaint on Alex, is from hadit, and I have hard copy and direct links to it here. I am preparing  the complaint as a legal brief.

No rush because VA Central Office is still dealing with the Covid issue-and unavailable per OGC to accept snail mail, which I prefer over email  to them with pdfs.

And I included the post here whereby Alex threatened to take legal action against me... what a laugh- I LOVE Litigation! But it shows how he tries to bully people ,when his advice is wrong.

It has occurred to me that the OGC might be alarmed at the way we are treated, here,  when we correct bad advice, not substantiated by established VA case law.

To ignore bad info---- means hadit condones the erroneous info.

To correct bad information -----means we are chastised.

I wonder what the OGC will think of this web site,after reading the way I and Broncovet had been treated, not to mention the two very good members we lost due to Alex Graham.

My future at hadit will depend on the results of my OGC complaint.

I am hoping for a public apology here from Asknod  to this site

-and a promise from him to try to understand the difference between BVA CUE and RO CUE,and  the fact that one can file a CUE on a recent decision, from the VARO,

and possibly a donation to the site ( I have church business and can possibly access Pacer today, to confirm the 8 thousand dollar donation he made to WWP, when they sued him.If have statements from him on that and from others but I want to find more proof, as I have only part of the consent order from USDC.

If not today, no rush, as I understand he himself accused others of giving bad advice here recently and I have to find that thread.

Also the OGC will not take kindly the fact that he called a DRO from Mississippi VARO a "Bitch" but that is from his web site site, linked to hadit.

Alex should be very concerned about this complaint - but I think hadit should be concerned as well.

I have said here before that we get bad advice as it is from those lousy vet reps, and even from RO's who manipulate the regulations that control them and us, as claimants.Even vet lawyers sometimes give poor advice.And None of us know it all.

We can control the VA with their own regulations.

But allowing erroneous information to be published here without being allowed to correct it, or if we do correct it- we get a lot of crap when we try-(I had some serious incidents like that here, over the pa

that falls Very  negatively on the purpose of hadit....to give claimants the Best advice we can give them."

I made a typo- 'if' should be 'I'- I have statements from him on the 8 thousand dollar donation. I am in a hurry today-

and do not feel much good comes from the off the board PMs, profile questions, emails etc, that are not public info.

I hope you have documented support for what you said Gastone said- it was very hurtful to Ddsr. Gastone might have said that but about a different member.

When we speak about the dead, we have to be very careful. Someone in the village near where I live started a vicious rumor about my dead husband and tried to steal a lot I own by adverse possession, saying I was all alone with Rod dead and could not stop him. I fixed that right away.I sued him right away  and I won. Even the VA,as in my IG complaint, made an unsubstantiated false statement that reveals how deficient my RO director is regarding basis VA 101.

The dead cannot speak for themselves but if we are quoting them in any way at all- we better back it up.

I think Ddsr sent me another email at my profile but I have not had time to read it yet.

I hope you all realize that DIC and accrued claims are far different from regular claims from living veterans.

I am a little surprised at the recent widow member and how her questions were answered because I hope she does come back- She needed to find out if the VA really had received her claim and on the right form......I know how some vet reps treat widows- they treat us like dirt, and that might be because they really do not believe we have the right to get DIC. Some of them ( actually many of them) do not have a clue on DIC and they act like their advice is Gospel when sometimes,in my experience and that of other widows I know, their advice is often unsubstantiated by VA case law itself.

If your spouse cannot get up to speed on a PC, in my opinion, their DIC/accrued claims might be fully valid, but those claims might also be doomed. 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited June 10, 2020 by Berta

[Tbird]

When there is an argument on the law, I'm a bit at a loss as to what to do. I'm no expert in the law, I use to know the law but the site grew so large i spend my time running it and don't have time to do law research. So I can't come in and say this person is correct and this person is incorrect. So when a fight breaks out I close the thread and ask people to put each other on their ignore list. This clearly isn't the best solution, but I'm open to ideas how would you handle the situation.

[GBArmy]

I haven't been on this site as long as many of you folks and I know far less than many of you. But this site is truly amazing; the amount of knowledge we have collectively is fantastic. It is a source of information and guidance not only for the veteran who is asking the question, but countless more who have the same issues to solve. I think we have to pause every once in a while and think about that. But something else we have to think about is we are all different. Different backgrounds, education, experiences, etc. That is such a gift for this site because it provide sometimes different responses to veterans' problems based on our individual experiences. Sometimes we disagree. Ok, so we disagree. If in our hearts we know the response was wrong, I think we have a responsibility to offer our own opinion so at least the veteran can have a chance of getting the proper advice. But we have to do this in a respectful way. We have got to try and make it not personal. Don't attack the other person; express why your answer would be of greater help. No one spends all this time and effort advising veterans unless they want to help veterans, our brothers and sisters. That's why we are on here folks. And I will tell you something: when we bicker and go back and forth on a personal level, it is aBIG TURNOFF. People read it and say "I don't need this kind of kid stuff" and turn away from Hadit. Guess what, we lose the very people we are dedicated to help. Please take Ms Tbird's advise; if you try and can't resolve, just put them on the ignore list. Or take it off-line by messaging. Or both. I'm telling you this behaviour make the great advisors quit and go away and it drives the very people we try to help away also.

[broncovet]

I would like to comment here, tho, I will admit I may be stepping where I dont want to tread.  

Please allow a somewhat unrelated example.  

I have a family member who is an MD.  I really disagree with some things she advocates for on medical issues.  For example, Im a firm beleiver in trying herbal remedies before or instead of big pharma pills.  I have evidence to support my position, and so does she.  She has attended about 10 years of medical school..funded by the pharmacetucial industry.  

We are never gonna agree.  But, she is my son's wife, and I love her!  A lot!  

I have decided its unimportant that "I be right" on this.  Frankly she has more credibility on this than I do...Im not a doctor.  However, Im not going to start taking pills and give up my herbs, which seem to be working mostly great for me.  Yes, I take some pills, just less than what many doctors would like me to take!  I read that many thousands of people die each year because of "adverse drug reactions" to multiple pills.  It is my opinion with pills "less is better than too many".  

Im concerned with this post.  A lot.  Can I be sued for one or more of the thousands of opinions on Veterans claims I have posted here??  I hope not.  Im not sure I can achieve 100 percent perfection on each post.  In fact, I'm virtually certain that one or more of my posts have contained "errors".  If I knew which ones they were, I would try to correct them, but I am just not sure its worth it for me to have my posts dissected and searched for legal errors as a basis for  a lawsuit.  

And, Im not sure I will agree with every Veteran's advocate, nor am I sure all my posts are consistent with established VA case law.  Mostly, mine are "just opinons" that I offer, for free, to Veterans seeking advice.  Sometimes I provide links but mostly its an informed guess.  And, many times my guess is "not so" informed.  An example here are the "how long does it take VA to _____?" questions.  I understand they want and need an answer, but I also concede VA will take exactly how long they want it to take, and not one second earlier.  I also dont know how to answer, "What will VA do when ________happens?"   Im not sure anyone can accurately predict, with any degree of certainty, what another person "will do" under a set of circumstances, many times we dont even know all the circumstances when we are asked an opinion.  I think I can say that almost 4000 people have "liked" my posts, and they havent been able to "like" them for months, since I became a moderator.  

Im not real sure I want to be posting here if I can be sued on my advice if its in error.  Im donating my time here, but as far as the legal liability of my advice, Im not sure I want to go there.  

Frankly, Im considering "not posting" any more if Veterans who offer advice here can be sued for the content of their advice.  

Sure, its fine and good when people say "gee Bronco, I dont agree with you on that advice, and here is why".  I have done that.  Sometimes the poster agrees with me, but sometimes we just "agree to disagree".  

Most of us here are "laypersons"...we are not trained in VA law.  Im not a lawyer, and my lay opinions are just that..lay opinions.  

Alex is in what I call "the grey area".  He is not a lawyer, but few could argue he does not have significant legal training, "even if" it was all self taught.  When he became certified at the CAVC, his status as a layperson comes into that "grey area"

I am the beneficiary of posts on hadit.  Berta has been an enormous help, and so have others, to include Alex..and even a few attorney's have posted here.  I noticed "none" are posting here now, for the past year or two or so.  

Its my opinion, that Veterans will be "better served" if advice can be given without fear they will be sued for the accuracy of their advice.  Especially for that reason, as well as those above, my recommendation is that neither Alex, nor any one else, be sued for their opinion(s) posted on hadit.  

I especially think if a poster generously offers their PROFESSIONAL opinion, if they are a lawyer or in the legal profession, that they be free to post their opinion without fear of being sued for its content.  Otherwise, lawyers wont want to post here anymore, if one of their peers is sued for their advice on hadit.  

Edited June 11, 2020 by broncovet

[Buck52]

Ms Tbird (akaTheresa M Aldrich)

This is your web site  you are the creator this makes you the CEO of hadit.com...

you have posted the HADIT  policy and rules and ever member should abide by.

All members should read the policy and rules for hadit.com  

We are all human and we are going to have disagreements from time to time that's a natural part of life we ...>are not perfect.

but as time goes on these disagreements dissipate and are forgotten unless someone brings the skeleton out of the closet and here we go again.

We need to keep our personal opinions to our self  and not criticize other members if they are wrong or give out wrong information, we can correct that wrong information in a post address to other members    if there's any problems from the original poster  this is when we should use the ignore button  at least until the problem is gone away or forgotten about  it would be up to the member rather or not to un-ignore that certain member.

so we all have choices to make at times  especially when a fight breaks out as to how we handle the situation ,  instead of retaliating  just ignore the other person/member/and that's hard to do some times but its the best way

I am guilty of saying things to member's I should not, in other words I need to learn to keep my mouth shut and just not say anything  I apologies to other members I may have hurt or took my post the wrong way.

A lot of us come here to pass the time and to help other members with VA Related questions, mostly how to perfect their claim/claims  but other VA Related matters as well,  for me I come to hadit because it helps me with my PTSD its a sorta of a therapy for me  it gets my thoughts off other bad things and I feel I am helping and have a meaning in life.

and I sure am not the  most knowledgeable person  as far as quoting  the CFR's and M21-1 manual  I am far from it. (I have to look them up just like most other veterans do)

and the  camaraderie  here at hadit is outstanding,  I have made some wonder friends here on hadit over the years  that I dearly love and trust.

We all should concentrate on matters at hand and leave the drama out side of hadit...who cares who sues who,  that is not the reasons we all come to hadit  and who cares who is more knowledgeable  although its great we have knowledgeable members here  but we all need to learn and be guided in the direction that will help any veteran win his/her claim

They will be times other members will be sarcastic to other members and then the retaliations starts up  we just need to learn how to handle that particular situation , when there's this many people come to one place  there will be disagreements but we all must agree to disagree and not act like small children fighting over a toy  I am sorry  but were all Adults here and we should all act like we are.

KEEP IT SIMPLE KEEP IT VA RELATED AND NOT BRING YOUR PERSONAL VENDETTA TO HADIT.

I Personally  think Ms Tbird runs a clean ship  and there not really any other parts of hadit that needs change  (jmo)  its us the members that need to change.

If I have helped but one veteran recieve his/her benefits  then that makes me as  happy if I have helped thousands.

God Bless each and every member here at hadit  

Buck52

[Berta]

The only person here, as far as I know,  who has ever been threatened ,at hadit ,with a lawsuit is

ME.

Alex threatened me on this public web site in May 2020.

He also appeared to be trying to intimidate me in his last email to me.

Vet Reps can be sued if you can prove their advice caused you to lose VA benefits.

The very first lawsuit ( which the vet won) is on the old board.

The vet rep had caused this vet to lose a valid claim for TDIU. The rep had to pay the veteran a settlement comparable to the  amount of TDIU he lost.

Lawyers be sued as well for inappropriate advice if you can prove, that due to their deficient representation, they cause you to lose benefits from the VA.

I would imagine that paid accredited agents could be sued as well but have not had time to look into that.

I am only interested in the OGC regulations regarding Standard of Conduct for VA accredited attorneys, agents ,and representatives: 38 CFR 14.632.

There is Nothing in those regulations that prevents me, as an advocate, for filing the complaint, as he does not hold my POA.

What did I do to be threatened like that by Alex??????

It was because I posted at hadit Established VA case law and regulations from M 21-1MR and from the BVA web site.

It was not an Opinion, it was Bonafide prime facie well established VA case law.

What got me is that I had Central Office input into the regulation the VA changed a few years, and then you all missed something else-Alex posted a  decision he received that Proves the regulation in question works!

Of course it works and has helped others here!

The same regulation that he tried to get you all to believe is NOT a valid one, to use to file CUE  on a recent RO decision.

So I actually now feel he has a Personal Vendetta against me. 

But I really don't care about that.

I was unable to answer his last question on the OGC complaint.The thread was closed ( and then opened again for Buck's completely inappropriate statement as to being "jealous")

Why would I be jealous of anyone who was sued for "defamation and tortious* interference" (* IBID-my note)

by virtue of his " false , defamatory and misleading statements about WWP have been published or republished; " etc...(source : USDC Western District of Washington at Tacoma: C15-5073RBL)

I found proof that this cost him a $8,000 donation the WWP, in his own words.

I feel he owes this site an apology and a substantial donation would be nice.

To answer his last question to me ( which I was censored from posting here because the thread was closed)

Alex,

I have shaped it for # 11, 38 CFR 14.632, but also feel I should cite #4,#8,#9 , explaining to OGC that you do not represent me, but that your specific statements here at hadit ( as enclosed as evidence with the complaint) could have a negative impact on our members here as well as the dozens of guests we have every day- often hundreds of them.

I certainly will support the fact ,to OGC, that you offer super advice on Hepatitus and the complex nuances of SMC, et al, and have in your words gotten 750 ( maybe it was 950) will check that documentation)to gain them TDIU awards, and that you spend annually $10,000 I assume you mean- out of your own pocket to help vets you represent.(Dont have the actual quote in front of me, but have it documented- and it is at hadit)

I believe you.You have helped hundreds and hundreds of TDIU vets. 

I guess the $10,000- you can take as a business expense when you file your tax return. So I believe that as well.

The complaint will certainly reflect those positive statements above from me  as well as any negative ones , all of which I  can and will support with documented evidence.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited June 11, 2020 by Berta
in cloud sat dish problem

[GBArmy]

Berta Forgive me, you are a wonderful person and have helped countless veterans over the years, but you don't get it. We don't want to hear this. It is personal; we don't need personal. Please don't get mad at me, but this kind of dialog is detrimental to Hadit. I believe it is my duty as Forum Maintainer to tell you.