Page:United States Statutes at Large Volume 102 Part 5.djvu/101

 PUBLIC LAW 100-687—NOV. 18, 1988

102 STAT. 4107

benefits under laws administered by the Veterans' Administration, there is an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each such issue shall be given to the claimant. Nothing in this subsection shall be construed as shifting from the claimant to the Administrator the burden specified in subsection (a) of this section. "§ 3008. Reopening disallowed claims "If new and material evidence is presented or secured with respect to a claim which has been disallowed, the Administrator shall reopen the claim and review the former disposition of the claim.". "§ 3009. Independent medical opinions "(a) When, in the judgment of the Administrator, expert medical opinion, in addition to that available within the Veterans' Administration, is warranted by the medical complexity or controversy involved in a case being considered by the Veterans' Administration, the Administrator may secure an advisory medical opinion from one or more independent medical experts who are not employees of the Veterans' Administration. "(b) The Administrator 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 Administrator 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 Administrator.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 3006 the following new items: "3007. Burden of proof; benefit of the doubt. "3008. Reopening disallowed claims. "3009. Independent medical opinions.".

(b) CONFORMING AMENDMENTS.—Section 4009 is amended— (1) in subsection (a), by striking out "is authorized to" and inserting in lieu thereof' may"; (2) in subsection (b)— (A) by striking out "Such arrangement will" and inserting in lieu thereof "Any such arrangement shall"; and (B) by striking out "any individual case will" and inserting in lieu thereof "an individual case shall"; and (3) by adding at the end the following new subsection: "(c) The Board 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 Board.". (c) TECHNICAL AMENDMENTS.—(1) The items relating to chapter 51 in the table of chapters before part I, and in the table of chapters at the beginning of part IV, are amended by striking out "Applications" and inserting in lieu thereof "Claims '. (2) The heading of chapter 51 is amended to read as follows:

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