
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC5109]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                          SUBCHAPTER I--CLAIMS
 
Sec. 5109. Independent medical opinions

    (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, 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.)


                               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.

                  Section Referred to in Other Sections

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