Claim Raven explanation
What this means
This statute lets a veteran designate the sex of the examiner for a qualifying compensation examination involving a mental or physical condition resulting from sexual assault, sexual battery, or sexual harassment.
The protection covers VA-employed and covered contract providers, and VA must provide notice of the right before the examination. It concerns the examination process, separate from the evidence needed to establish the claim.
How this helps your claim
If this applies to your examination, make the preference clear during scheduling and keep the communication. If the scheduled provider does not match the designation, contact VA or the examination provider promptly to address it.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Check whether the examination concerns a condition covered by this statute.
- Keep the notice of the right and your examiner designation.
- Compare the appointment information with the designation and retain scheduling communications.
Identify the examination right in the scheduling process
The statute concerns a qualifying examination involving a condition resulting from the specified sexual trauma. The right to designate the examiner's sex should be addressed through the examination process and the notice provided before the appointment.
Keep the designation and scheduling response available so the request is clear. There is no need to reproduce unnecessary details of the trauma in a general scheduling record. The examination preference and the substantive evidence needed to decide the disability claim are separate matters.
Does exercising this right determine the claim outcome?
No. It concerns how the qualifying examination is arranged. The diagnosis, service relationship and rating findings remain subject to the applicable evidence and law. A process protection should not be presented as a promise of a favorable opinion or a particular disability evaluation.
Official statutory text
38 USC § 1165
OLRC release through Public Law 119-102 (July 12, 2026). Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 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).
Related references
- 38 USC § 5107: Benefit of the doubt in VA claims
- 38 CFR § 3.159: VA duty to assist: records and examinations
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