Brooklyn, NY asked in Military Law for New York

Q: What happens when one military is replaced with a new law? Which law is binding in my compensation claim ?

I am claiming service connection for methadone dependence and the old law states that because of drug abuse it was non service connected. The new law 38 CFR 3.301(c)(2)(3) suggests that it can be service connected ?

Related Topics:
1 Lawyer Answer
Aubrey Claudius Galloway
Aubrey Claudius Galloway
Answered
  • Scarsdale, NY
  • Licensed in New York

A: The answer is as follows:

"The law that was in place at the time the cause of action arose shall be binding, even if said law was modified or overturned during the course of the lawsuit." (the public/legislative policy behind this is that one should not be held responsible for laws allegedly broken that were not even in existence at the time the act "breaking them" occurred.

That said, I would contact a good appeals / constitutional lawyer.

So again, the old law applies. That said, AN ATTORNEY CAN ALWAYS AGRUE THAT A CERTAIN LAW IS WRONG/UNFAIR, THAT IT WAS CHANGED B/C OF THIS INEQUITY...SO AS SUCH...HIS/HER HONOR SHOULD APPLY THE NEW LAW INSTEAD. This is a significant caveat in the fact pattern as the 4 NYS judicial departments are split on the issue and I believe it is ripe for the Court of Appeals.

Hope that helps,

I know numerous fantastic constitutional law and appeals lawyers so feel free to contact me of free consultation,

Aubrey

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.