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38 U.S.C. § 5109 — Independent medical opinions

submitted 38 years ago by Pub. L. 100-687 to r/title-38-VETERANS-BENEFITS · 228 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(a)

When, in the judgment of the Secretary, expert medical opinion, in addition to that available within the Department, is warranted by the medical complexity or controversy involved in a case being considered by the Department, the Secretary may secure an advisory medical opinion from one or more independent medical experts who are not employees of the Department.

(b)

The Secretary shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions. Any such arrangement shall provide that the actual selection of the expert or experts to give the advisory opinion in an individual case shall be made by an appropriate official of such institution.

(c)

The Secretary shall furnish a claimant with notice that an advisory medical opinion has been requested under this section with respect to the claimant’s case and shall furnish the claimant with a copy of such opinion when it is received by the Secretary.

(d)
(1)

The Board of Veterans’ Appeals shall remand a claim to direct the agency of original jurisdiction to obtain an advisory medical opinion from an independent medical expert under this section if the Board finds that the Veterans Benefits Administration should have exercised its discretion to obtain such an opinion.

(2)

The Board’s remand instructions shall include the questions to be posed to the independent medical expert providing the advisory medical opinion.

Source credit: (Added Pub. L. 100–687, div. A, title I, § 103(a)(1), Nov. 18, 1988, 102 Stat. 4107, § 3009; renumbered § 5109, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 115–55, § 2(j), Aug. 23, 2017, 131 Stat. 1109.)

history & why it existsrecord from the source credit
  • 1988Enacted · Pub. L. 100-687 · 102 Stat. 4107
  • 1991Amended · Pub. L. 102-40 · 105 Stat. 238
  • 1991Amended · Pub. L. 102-83 · 105 Stat. 404, 405
  • 2017Amended · Pub. L. 115-55 · 131 Stat. 1109

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-687 on 1988-11-18.

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