---
kind: "section"
citation: "38 U.S.C. § 1165"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1165"
heading: "Choice of sex of medical examiner for certain disabilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1165"
units:
  - "Part II — General Benefits"
  - "Chapter 11 — Compensation for Service-Connected Disability or Death"
  - "Subchapter VI — General Compensation Provisions"
---

# §1165. Choice of sex of medical examiner for certain disabilities

- (a) **In General.—** The [Secretary](/usc/38/101.md?p=1) shall ensure that a [veteran](/usc/38/1101.md?p=1) who requires a medical examination from a covered medical provider in support of a claim for [compensation](/usc/38/101.md?p=13) 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](/usc/38/101.md?p=1) or is under any contract with the [Department](/usc/38/101.md?p=1) 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](/usc/38/1101.md?p=1) in support for a claim described in [subsection (a)](#a), the [Secretary](/usc/38/101.md?p=1) shall notify the [veteran](/usc/38/1101.md?p=1) of the [veteran](/usc/38/1101.md?p=1)’s rights under [subsection (a)](#a).

## Source credit

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