Title 38 — Veterans' BenefitsRelease 119-73not60

§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

Last updated Apr 5, 2026|Official source

Summary

The Secretary must let a veteran choose the sex of the medical provider who gives a medical exam when the exam supports a claim for a mental or physical condition caused by sexual assault, sexual battery, or sexual harassment. A "covered medical provider" is any provider who works for or is hired by the Department to do the exam or give a medical opinion. The Secretary must tell the veteran about this right before the exam is given.

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 5, 2026

Release point: 119-73not60