Claim Raven explanation
What this means
VA can obtain an independent expert opinion when the medical complexity or controversy warrants it. This statute also requires notice of the request and a copy of the opinion when received.
An independent opinion under this process is arranged by VA through an outside institution. It is different from a private report you commission yourself, and it is not required solely because two people disagree with the result.
How this helps your claim
Identify the difficult medical question and explain why the available opinions do not adequately resolve it. If an outside opinion is obtained, review both the questions asked and the expert's reasoning.
What to check in your records
Use your decision, examination reports, and relevant records to check the following points.
- Locate the conflicting or complex medical evidence.
- Keep notice that an independent opinion was requested.
- Obtain the resulting opinion and compare it with the questions VA needed answered.
Identify the medical complexity in concrete terms
An independent expert opinion is tied to medical complexity or controversy. The request should concern a specific unresolved medical question, such as competing explanations that require specialized assessment. Ordinary disagreement with a result does not by itself establish that need.
When an opinion is obtained, keep the notice and the full report. Read the expert's assumptions, records reviewed and reasoning, not only the final sentence. An outside expert can still need accurate factual information to address the medical question reliably.
Is an independent expert required whenever two reports disagree?
Not automatically. The statute requires the relevant complexity or controversy determination. Different conclusions can arise for many reasons, including different facts or incomplete information. Identify the actual medical issue rather than treating the number of conflicting opinions as a complete trigger for this process.
Official statutory text
38 USC § 5109
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.
§ 5109. Independent medical opinions
(a) When, in the judgment of the Secretary, expert medical opinion, in addition to that available within the Department, is warranted by the medical complexity or controversy involved in a case being considered by the Department, the Secretary may secure an advisory medical opinion from one or more independent medical experts who are not employees of the Department.
(b) The Secretary shall make necessary arrangements with recognized medical schools, universities, or clinics to furnish such advisory medical opinions. Any such arrangement shall provide that the actual selection of the expert or experts to give the advisory opinion in an individual case shall be made by an appropriate official of such institution.
(c) The Secretary shall furnish a claimant with notice that an advisory medical opinion has been requested under this section with respect to the claimant’s case and shall furnish the claimant with a copy of such opinion when it is received by the Secretary.
(d)(1) The Board of Veterans’ Appeals shall remand a claim to direct the agency of original jurisdiction to obtain an advisory medical opinion from an independent medical expert under this section if the Board finds that the Veterans Benefits Administration should have exercised its discretion to obtain such an opinion.
(2) The Board’s remand instructions shall include the questions to be posed to the independent medical expert providing the advisory medical opinion.
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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