38-U.S.C.-5109
§5109 – Independent Medical Opinions
Pathway
Title 38 > Part IV > Chapter 51 > Subchapter I > Section 5109
Details
- Reference: Section 5109
- Legend: §5109 – Independent Medical Opinions
- USCode Year: 2013
Provision Content
(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 claimants case and shall furnish the claimant with a copy of such opinion when it is received by the Secretary.
(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; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
Amendments
1991—Pub. L. 102–40 renumbered section 3009 of this title as this section.
Subsec. (a). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
Pub. L. 102–83, §4(a)(3), (4), substituted Department for Veterans’ Administration wherever appearing.
Subsecs. (b), (c). Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator wherever appearing.
Effective Date
Section effective Sept. 1, 1989, see section 401(a) of Pub. L. 100–687, set out as a note under section 7251 of this title.
U.S. Encyclopedia of Law Coverage
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