The special master or court may not make such a finding based on the claims of a petitioner alone, unsubstantiated by medical records or by medical opinion.
Any such diagnosis, conclusion, judgment, test result, report, or summary shall not be binding on the special master or court. In evaluating the weight to be afforded to any such diagnosis, conclusion, judgment, test result, report, or summary, the special master or court shall consider the entire record and the course of the injury, disability, illness, or condition until the date of the judgment of the special master or court.
For purposes of this section, the term "record" means the record established by the special masters of the United States Court of Federal Claims in a proceeding on a petition filed under section 300aa-11 of this title.
42 U.S.C. § 300aa-13
EDITORIAL NOTES
PRIOR PROVISIONSA prior section 300aa-13, act July 1, 1944, §2114, was successively renumbered by subsequent acts and transferred, see section 238k of this title. A prior section 2113 of act July 1, 1944, was successively renumbered by subsequent acts and transferred, see section 238j of this title.
AMENDMENTS1992-Subsec. (c). Pub. L. 102-572 substituted "United States Court of Federal Claims" for "United States Claims Court". 1990-Subsec. (c). Pub. L. 101-502 inserted "the" after "special masters of".1989-Subsecs. (a)(1), (b). Pub. L. 101-239, §6601(j)(1), substituted "special master or court" for "court" wherever appearing.Subsec. (c). Pub. L. 101-239, §6601(j)(2), inserted "special masters of" after "established by the".1987-Subsec. (c). Pub. L. 100-203 substituted "the United States Claims Court" for "a district court of the United States".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102-572 effective Oct. 29, 1992, see section 911 of Pub. L. 102-572 set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-502 effective Sept. 30, 1990, see section 5(h) of Pub. L. 101-502 set out as a note under section 300aa-11 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT For applicability of amendments by Pub. L. 101-239 to petitions filed after Dec. 19, 1989, petitions currently pending in which the evidentiary record is closed, and petitions currently pending in which the evidentiary record is not closed, with provision for an immediate suspension for 30 days of all pending cases, see section 6601(s)(1) of Pub. L. 101-239 set out as a note under section 300aa-10 of this title.