§ 7109. — Independent medical opinions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7109]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 71--BOARD OF VETERANS' APPEALS
Sec. 7109. Independent medical opinions
(a) When, in the judgment of the Board, expert medical opinion, in
addition to that available within the Department, is warranted by the
medical complexity or controversy involved in an appeal case, the Board
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 at the request of the Chairman of the Board. 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 Board 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 Board.
(Added Pub. L. 87-671, Sec. 1, Sept. 19, 1962, 76 Stat. 557, Sec. 4009;
amended Pub. L. 100-687, div. A, title I, Sec. 103(b), Nov. 18, 1988,
102 Stat. 4107; renumbered Sec. 7109, Pub. L. 102-40, title IV,
Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-83,
Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
Amendments
1991--Pub. L. 102-40 renumbered section 4009 of this title as this
section.
Subsec. (a). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
``Department'' for ``Veterans' Administration'' in two places.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
1988--Subsec. (a). Pub. L. 100-687, Sec. 103(b)(1), substituted
``Board may'' for ``Board is authorized to''.
Subsec. (b). Pub. L. 100-687, Sec. 103(b)(2), substituted ``Any such
arrangement shall'' for ``Such arrangement will'', and ``an individual
case shall'' for ``any individual case will''.
Subsec. (c). Pub. L. 100-687, Sec. 103(b)(3), added subsec. (c).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-687 effective Sept. 1, 1989, see section
401(a) of Pub. L. 100-687, set out as an Effective Date note under
section 7251 of this title.
Effective Date
Section effective Jan. 1, 1963, see section 4 of Pub. L. 87-671, set
out as an Effective Date of 1962 Amendment note under section 5701 of
this title.
Section Referred to in Other Sections
This section is referred to in section 5701 of this title.
