Read the following excerpt from a US court opinion:
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did not burden the rights of private parties. Bernklau v. Principi, 291 F.3d 795, 804 (Fed.Cir.2002) (quoting Landgraf, 511 U.S. at 270, 114 S.Ct. 1483). The Supreme Court's opinion in Landgraf stresses repeatedly the concern that private rights not be retroactively burdened. See Landgraf, 511 U.S. at 265, 114 S.Ct. 1483 ("[ejlementary considerations of fairness dictate that individuals should have an opportunity to know what the law is and to conform their conduct accordingly” (emphasis added)), 282 (”[t]he introduction of a right to compensatory damages is also the type of legal change that would have an impact on private parties’ planning” (emphasis added)); see also id. at 266, 271, 272, 284, 114 S.Ct. 1483. 4 . See supra note 1. 5 . Karnas v. Derwinski, 1 Vet.App. 308, 313 (1991) . 6 . See 38 U.S.C. §§ 7104(b), 7105(c), 7266;
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What is the most suitable continuation to the opinion? Your options are:
A. holding that where the law or regulation changes after a claim has been filed or reopened but before the administrative or judicial appeal process has been concluded the version more favorable to the appellant should  apply unless congress provided otherwise or permitted the secretary to do otherwise and the secretary did so emphasis added
B. holding that the elements of a claim under  3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added
C. holding that this court has discretion to either address or remand arguments presented to it in the first instance provided it otherwise has jurisdiction over the claim
D. holding that where congress has directed the agency to issue a rule without regard to any other provision of statute or regulation that applies to issuance of such rule  congress has amended the law and does not offend the constitution
E. holding that the other source of law might be a moneymandating constitutional provision statute or regulation that has been violated or an express or implied contract with the united states
Reply with [A, B, C, D, E] only.