38 U.S.C. § 7109 (VETERANS’ BENEFITS)
§ 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, § 1, Sept. 19, 1962, 76 Stat. 557, § 4009; amended Pub. L. 100–687, div. A, title I, § 103(b), Nov. 18, 1988, 102 Stat. 4107; renumbered § 7109, 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.)
heading: Repeal of Section
text: Pub. L. 115–55, § 2(u)(1), (x), Aug. 23, 2017, 131 Stat. 1113, 1115, provided that, applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, this section is repealed.
heading: Amendments
text: 1991—Pub. L. 102–40 renumbered section 4009 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in two places.
Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.
1988—Subsec. (a). Pub. L. 100–687, § 103(b)(1), substituted “Board may” for “Board is authorized to”.
Subsec. (b). Pub. L. 100–687, § 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, § 103(b)(3), added subsec. (c).
heading: Effective Date of Repeal
text: Repeal applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title.
heading: Effective Date of 1988 Amendment
text: 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.
heading: Effective Date
text: 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.