38 USC 1165: Choice of sex of medical examiner for certain disabilities
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38 USC 1165: Choice of sex of medical examiner for certain disabilities Text contains those laws in effect on November 14, 2024
From Title 38-VETERANS' BENEFITSPART II-GENERAL BENEFITSCHAPTER 11-COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATHSUBCHAPTER VI-GENERAL COMPENSATION PROVISIONS
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§1165. Choice of sex of medical examiner for certain disabilities

(a) In General.-The Secretary shall ensure that a veteran who requires a medical examination from a covered medical provider in support of a claim for compensation under this chapter for a mental or physical health condition that resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment may designate the sex of the medical provider who provides such medical examination.

(b) Covered Medical Providers.-For purposes of this section, a covered medical provider is any medical provider who is employed by the Department or is under any contract with the Department to provide a medical examination or a medical opinion when such an examination or opinion is necessary to make a decision on a claim.

(c) Notice.-Before providing any medical examination for a veteran in support for a claim described in subsection (a), the Secretary shall notify the veteran of the veteran's rights under subsection (a).

(Added Pub. L. 116–315, title V, §5502(a), Jan. 5, 2021, 134 Stat. 5050 .)