-CITE-

    38 USC Sec. 5109                                            01/19/04

-EXPCITE-

    TITLE 38 - VETERANS' BENEFITS

    PART IV - GENERAL ADMINISTRATIVE PROVISIONS

    CHAPTER 51 - CLAIMS, EFFECTIVE DATES, AND PAYMENTS

    SUBCHAPTER I - CLAIMS

-HEAD-

    Sec. 5109. Independent medical opinions

-STATUTE-

      (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.

-SOURCE-

    (Added Pub. L. 100-687, div. A, title I, Sec. 103(a)(1), Nov. 18,

    1988, 102 Stat. 4107, Sec. 3009; renumbered Sec. 5109, 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.)

-MISC1-

                                AMENDMENTS                            

      1991 - Pub. L. 102-40 renumbered section 3009 of this title as

    this section.

      Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted

    "Secretary" for "Administrator" in two places.

      Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for

    "Veterans' Administration" wherever appearing.

      Subsecs. (b), (c). Pub. L. 102-83, Sec. 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.

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                   SECTION REFERRED TO IN OTHER SECTIONS               

      This section is referred to in section 5701 of this title.