Title 38 — Veterans' BenefitsRelease 119-73
§1165 Choice of sex of medical examiner for certain disabilities
Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 11— - COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › Subchapter SUBCHAPTER VI— - GENERAL COMPENSATION PROVISIONS › § 1165
Summary
Veterans getting a compensation exam after sexual assault, sexual battery, or sexual harassment must be allowed to choose the examiner’s sex. A covered medical provider is any health worker the Department employs or contracts for the exam or opinion, and veterans must be told this before the exam.
Full Legal Text
Title 38, §1165
Veterans' Benefits — Source: USLM XML via OLRC
(a)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)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)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).
Reference
Citations & Metadata
Citation
38 U.S.C. § 1165
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73