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Sec. 3.328 Independent Medical Opinions.
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allan
[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR3.328]
[Page 250]
TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 3_ADJUDICATION--Table of Contents
Subpart A_Pension, Compensation, and Dependency and Indemnity
Compensation
Sec. 3.328 lndependent medical opinions.
(a) General. When warranted by the medical complexity or controversy
involved in a pending claim, an advisory medical opinion may be obtained
from one or more medical experts who are not employees of VA. Opinions
shall be obtained from recognized medical schools, universities, clinics
or medical institutions with which arrangements for such opinions have
been made, and an appropriate official of the institution shall select
the individual expert(s) to render an opinion.
(b) Requests. A request for an independent medical opinion in
conjunction with a claim pending at the regional office level may be
initiated by the office having jurisdiction over the claim, by the
claimant, or by his or her duly appointed representative. The request
must be submitted in writing and must set forth in detail the reasons
why the opinion is necessary. All such requests shall be submitted
through the Veterans Service Center Manager of the office having
jurisdiction over the claim, and those requests which in the judgment of
the Veterans Service Center Manager merit consideration shall be
referred to the Compensation and Pension Service for approval.
© Approval. Approval shall be granted only upon a determination by
the Compensation and Pension Service that the issue under consideration
poses a medical problem of such obscurity or complexity, or has
generated such controversy in the medical community at large, as to
justify solicitation of an independent medical opinion. When approval
has been granted, the Compensation and Pension Service shall obtain the
opinion. A determination that an independent medical opinion is not
warranted may be contested only as part of an appeal on the merits of
the decision rendered on the primary issue by the agency of original
jurisdiction.
(d) Notification. The Compensation and Pension Service shall notify
the claimant when the request for an independent medical opinion has
been approved with regard to his or her claim and shall furnish the
claimant with a copy of the opinion when it is received. If, in the
judgment of the Secretary, disclosure of the independent medical opinion
would be harmful to the physical or mental health of the claimant,
disclosure shall be subject to the special procedures set forth in Sec.
1.577 of this chapter.
(Authority: 38 U.S.C. 5109, 5701(b)(1); 5 U.S.C. 552a(f)(3))
[55 FR 18602, May 3, 1990]
http://edocket.access.gpo.gov/cfr_2008/julqtr/38cfr3.328.htm
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