Read the following excerpt from a US court opinion:
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Application to Congenital Conditions The Federal Circuit has made clear that the only prerequisite for the application of the presumption of soundness is that the veteran’s entry examination be clear of any noted diseases or disabilities. See Wagner, 370 F.3d at 1096. This Court has recognized that service connection may be granted for congenital diseases. See Monroe v. Brown, 4 Vet.App. 513, 515 (1993). We have also held that the presumption of soundness applies if a veteran’s congenital condition is not noted at entry. See id. The presumption of soundness does not, however, apply to congenital defects, because such defects “are not diseases or injuries” within the meaning of 38 U.S.C. §§ 1110 and 1111. 38 C.F.R. § 3.303(c); see Terry v. Principi, 340 F.3d 1378, 1385-86 (Fed.Cir.2003) ; see Winn, 8 Vet.App. at 516 (holding that a
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the presumption that rule 45 does not apply to the federal government can only be overcome by affirmative evidence
B. holding that harmful error analysis does apply to defects in an explanation required by section 5403b
C. holding that the presumption of soundness does not apply to congenital defects
D. holding that a district judge does not enjoy the benefit of a legal presumption that the guidelines sentence should apply
E. recognizing presumption
Reply with [A, B, C, D, E] only.