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Code · U.S. Code · Title 38 - VETERANS’ BENEFITS · CHAPTER 51— CLAIMS, EFFECTIVE DATES, AND PAYMENTS · SUBCHAPTER I— CLAIMS · § 5109

§ 5109. Independent medical opinions

509 words·~2 min read·/usc/title-38/section-5109

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.
(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.
(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.)
Connections13 cite this · traces to 4
11 references not yet in our index
  • Pub. L. 100–687, div. A, title I, § 103(a)(1)
  • 102 Stat. 4107
  • Pub. L. 102–40, title IV, § 402(b)(1)
  • 105 Stat. 238
  • Pub. L. 102–83, § 4(a)(3)
  • 105 Stat. 404
  • 131 Stat. 1109
  • Pub. L. 102–40
  • section 3009 of this title
  • Pub. L. 102–83, § 4(b)(1)
  • section 401(a) of Pub. L. 100–687
Citation graph
cites case law
§ 5109
Independent medical opinions
Fed. Reg.×8
U.S.C.×4
C.F.R.×1
Pub. L.Public Law 115-55
U.S.C.§ 5104
U.S.C.§ 101
U.S.C.§ 7251
Pub. L.Pub. L. 100–687, div. A, title I, § 103(a)(1)
Stat.102 Stat. 4107
Pub. L.Pub. L. 102–40, title IV, § 402(b)(1)
Stat.105 Stat. 238
Pub. L.Pub. L. 102–83, § 4(a)(3)
Cites 15 · showing 9Cited by 13 across 3 sources
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