Read the following excerpt from a US court opinion:
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and assistance to be provided to claimants by VA, are not retroactively applicable to proceedings that were complete before VA and were on appeal to this Court or the Federal Circuit when the VCAA was enacted.” Stephens v. Principi, 16 Vet.App. 191, 193 (2002) (per curiam order) (citing Bernklau, 291 F.3d at 803-06). Here, the VCAA was enacted after the September 14, 2000, BVA decision on appeal but during the 120-day period within which the appellant could file a timely NOA, see 38 U.S.C. § 7266(a). Because, as of the November 9, 2000, enactment of the VCAA, the 120-day judicial-appeal period had not yet expired and the appellant had not filed an NOA, the claims denied by the September 2000 BVA decision were still pending before VA. See Teten v. West, 13 Vet.App. 560, 563 (2000) . Thus, the proceedings were not “complete
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What is the most suitable continuation to the opinion? Your options are:
A. holding that because veteran had never before submitted due process issue to bva he had not exhausted his administrative remedies and court declined to address merits of that claim
B. holding that because debtor retained control of property a transfer had not yet occurred
C. holding that the appellant had not changed his residence from his registered address despite the fact that the house had never had electricity service during the time that he had lived there
D. holding that veterans claim had remained pending before va at time of his death because 120day judicialappeal period had not yet expired and he had not filed noa
E. holding the practice of requiring borrower to certify at closing the threeday period had expired and the transaction had not been rescinded has the serious potential for actual harm
Reply with [A, B, C, D, E] only.