Title 38, Veterans' BenefitsRelease 119-110
§1165 Choice of Sex of Medical Examiner for Certain Disabilities
Title 38 › PART II — GENERAL BENEFITS › CHAPTER 11 — COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH › SUBCHAPTER VI — GENERAL COMPENSATION PROVISIONS › § 1165
Summary
Veterans getting a medical exam for a mental or physical condition caused by sexual assault, sexual battery, or sexual harassment can pick whether the examiner is male or female. This rule covers any provider who works for or is hired by the Department, and the Secretary must tell the veteran about this choice before the exam.
Full Legal Text
Title 38, §1165
Veterans' Benefits, Source: USLM XML via OLRC
(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).
Reference
Citations & Metadata
Citation
38 U.S.C. § 1165
Title 38, Veterans' Benefits
Last Updated
Sep 22, 2026
Release point: 119-110