-CITE-

    38 USC Sec. 7109                                            01/19/04

-EXPCITE-

    TITLE 38 - VETERANS' BENEFITS

    PART V - BOARDS, ADMINISTRATIONS, AND SERVICES

    CHAPTER 71 - BOARD OF VETERANS' APPEALS

-HEAD-

    Sec. 7109. Independent medical opinions

-STATUTE-

      (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.

-SOURCE-

    (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.)

-MISC1-

                                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.

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS               

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