US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 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.
(d)
(1)
The Board of Veterans’ Appeals shall remand a claim to direct the agency of original jurisdiction to obtain an advisory medical opinion from an independent medical expert under this section if the Board finds that the Veterans Benefits Administration should have exercised its discretion to obtain such an opinion.
(2)
The Board’s remand instructions shall include the questions to be posed to the independent medical expert providing the advisory medical opinion.

Pub. L. 100–687, div. A, title I, § 103(a)(1)102 Stat. 4107Pub. L. 102–40, title IV, § 402(b)(1)105 Stat. 238Pub. L. 102–83, § 4(a)(3)105 Stat. 404Pub. L. 115–55, § 2(j)131 Stat. 1109(Added , , , § 3009; renumbered § 5109, , , ; amended , (4), (b)(1), (2)(E), , , 405; , , .)

Editorial Notes

Amendments

Pub. L. 115–552017—Subsec. (d). added subsec. (d).

Pub. L. 102–40section 3009 of this title1991— renumbered as this section.

Pub. L. 102–83, § 4(b)(1)Subsec. (a). , (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

Pub. L. 102–83, § 4(b)(1)Subsecs. (b), (c). , (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–55section 5104 of this titlePub. L. 115–55section 2(x) of Pub. L. 115–55section 101 of this titleAmendment by applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under on or after the later of 540 days after , 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 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see , set out as a note under , and bracketed note thereunder.

Effective Date

section 401(a) of Pub. L. 100–687section 7251 of this titleSection effective , see , set out as a note under .