2014 US Code
Title 38 - Veterans' Benefits (Sections 101 - 8528)
Part IV - General Administrative Provisions (Sections 5100 - 6308)
Chapter 51 - Claims, Effective Dates, and Payments (Sections 5100 - 5126)
Subchapter I - Claims (Sections 5100 - 5109B)
Sec. 5109 - Independent medical opinions
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 38 - VETERANS' BENEFITS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 38 - VETERANS' BENEFITS PART IV - GENERAL ADMINISTRATIVE PROVISIONS CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS SUBCHAPTER I - CLAIMS Sec. 5109 - Independent medical opinions |
| Contains | section 5109 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | Yes |
| Disposition | standard |
| 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; Pub. L. 102-83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405. |
| Statutes at Large References | 102 Stat. 4107 105 Stat. 238, 404 |
| Public and Private Laws | Public Law 100-687, Public Law 102-40, Public Law 102-83 |
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(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.
(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.)
AMENDMENTS1991—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 DATESection effective Sept. 1, 1989, see section 401(a) of Pub. L. 100–687, set out as a note under section 7251 of this title.
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