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 ?
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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
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