38 USC § 1165 - Choice of sex of medical examiner for certain disabilities

---
identifier: "/us/usc/t38/s1165"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 1165 - Choice of sex of medical examiner for certain disabilities"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "1165"
section_name: "Choice of sex of medical examiner for certain disabilities"
chapter_number: 11
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
subchapter_number: "VI"
subchapter_name: "GENERAL COMPENSATION PROVISIONS"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 116–315, title V, § 5502(a), Jan. 5, 2021, 134 Stat. 5050.)"
---


# § 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).

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