---
type: "LegalText"
title: "38 U.S.C. § 1165"
description: "Choice of sex of medical examiner for certain disabilities"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 38
title_name: "VETERANS’ BENEFITS"
chapter_number: "11"
chapter_name: "COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH"
section: "1165"
citation: "38 U.S.C. § 1165"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip"
source_identifier: "/us/usc/t38/s1165"
source_file: "data/legal/raw/us/code/title-38/usc38.xml"
source_hash: "fb323973a6c7ad7a85c2cfdc66c901d28d59f176ac0832a777d3751efef85796"
raw_snapshot_hash: "372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66"
text_hash: "c39820c432578c04ef3c5eb853d3af39037c9b5e6275d2865d104d9bc4fd922b"
retrieved_at: "2026-07-04"
confidence: "official"
tags: ["legal", "us-code"]
---

# 38 U.S.C. § 1165 - Choice of sex of medical examiner for certain disabilities

## Text

(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).

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