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Infertility is arguably a much larger issue in the military than in the general public. This is partly due to the high demands of service and frequent moves that can delay service members to delay having children. Up until March 11, 2024, the VA only provided in vitro fertilization (IVF) services to legally married veterans who are unable to conceive without the use of fertility treatment due to a service-connected health condition causing infertility. The husband and wife must have been able to produce their own egg and sperm biologically. Until now, this was the only class the VA was required to provide such services to, excluding many veterans who desired IVF treatment. However, all this has changed with the VA’s newest policy expanding its IVF coverage.
What is IVF?
IVF is a fertility treatment procedure that involves retrieving a man’s sperm sample and a woman’s mature eggs from her ovaries and combining the two in a laboratory collection dish. Then, a fertility specialist performs a procedure placing one or more of the fertilized eggs, called embryos, in a woman’s uterus. IVF has one of the most favorable outcomes of all current fertility treatment programs. It may be accomplished using a couple’s own eggs and sperm or eggs, sperm, or embryos from a donor.
VA Expands IVF Benefits and Donor Materials
In August 2023, the National Organization for Women-New York City and a former Air Force service member filed federal lawsuits in Manhattan, NY, and Boston, MA, against the Department of Defense (DoD) and VA, arguing that the DoD’s and VA’s IVF policies discriminated against its members and were exclusionary to the single and LGBTQ+ (lesbian, gay, bisexual, transgender, queer, or questioning, intersex, asexual, and more) military community. In response to the lawsuits, the VA announced on March 11, 2024, that it was expanding the outdated IVF policies to include eligible veterans regardless of marital status and veterans in same-sex marriages. Veterans who are not able to produce their own sperm or eggs due to service-connected injuries and health conditions may now use donor eggs, sperm, and embryos for the first time. Thus, under this new rule, the veteran must still have a service-related injury or illness to receive IVF treatment.
The VA does not cover surrogacy for any veteran, including those who have a service-connected disability that caused their infertility. It does cover adoption expenses for a veteran with a service-connected disability up to $2K for a single covered veteran. The expansion announcement came on the cusp of National Infertility Awareness Week (NIAW), April 22 – 26, 2024. NIAW is a federally recognized health observation by the Department of Health and Human Resources. The VA is taking immediate action to implement its new policy and expects to deliver these services to eligible veterans in the coming weeks. The VA has stated they will ensure eligible veterans can access IVF regardless of where they reside.
The VA has fought for this IVF policy change for years in an effort to support veterans who wish to grow their families. According to VA Secretary Denis McDonough, “This expansion of care has long been a priority for us, and we are working urgently to make sure that eligible unmarried veterans, veterans in same-sex marriages, and veterans who need donors will have access to IVF in every part of the country as soon as possible.” The VA disability lawyer team at Gang & Associates, one of the leading law firms in veterans law, applauds the VA’s announcement to expand their IVF coverage to these previously excluded veterans.
Additional Bills Proposed to Further Broaden Access to Fertility Treatments
Senator Patty Murray, D-Wash., also tried to get approval for the Veteran Families Health Services Act, which would allow the VA to expand which veterans have access to IVF permanently and to provide the option for military members to freeze their eggs or sperm before deployment to combat zones or hazardous duty assignments. Lawmakers blocked this bill on the floor this month. Another bill, called the Veterans Infertility Treatment Act, has also been introduced to allow any veteran, regardless of whether their infertility is service-connected, to have access to IVF.
How to Access IVF Services at the VA
Veterans who are part of the VA health care system are eligible for most reproductive and health services at the VA, including fertility management and select treatment for fertility conditions, e.g., infertility assessments and counseling, fertility medications, hormone therapy, artificial insemination, and egg freezing and sperm cryopreservation. Veterans and their spouses may be eligible to receive IVF if they have a service-connected disability that results in the inability to reproduce without fertility treatment. The service member must get a referral from their VA provider. The VA will refer eligible veterans to specialized fertility care centers for evaluation and treatment by a fertility specialist.
Contact a VA Disability Lawyer at Gang & Associates Today
The law firm of Gang & Associates supports all veterans’ rights to reproduce and welcomes the expansion of VA benefits for IVF procedures to include the single and LGBTQ+ community. The Department of Veteran Affairs has embraced inclusiveness in its approach to veteran care, and we stand with them.
If you have submitted a claim to the VA for disability benefits or an increase in your VA disability rating and have received an unfavorable decision, then obtaining the services of a VA disability lawyer at Gang & Associates would be your best option to fight your case on appeal. Contact us for a free consultation to discuss your case and appeal options.