VA expands IVF coverage to single veterans and same-sex couples: 'Equity of access'

The Department of Veterans Affairs announced Monday that it will expand in-vitro fertilization coverage to single, unmarried veterans and same-sex couples, according to a department press release.

Previously, only married veterans who could "produce their own sperm [and] eggs" were eligible under the VA's IVF coverage. This week, the department announced that it would expand its fertility treatment coverage to include veterans "using donated sperm or eggs."

"The Department of Veterans Affairs announced that it will soon be able to provide in vitro fertilization (IVF) to eligible unmarried Veterans and eligible Veterans in same-sex marriages. VA will also be able to provide IVF to Veterans using donated sperm or eggs – a critical step toward helping Veterans who are not able to produce their own sperm or eggs due to service-connected injuries and health conditions," the VA's press release read.

"Under existing law, all Veterans who receive IVF from VA must be unable to procreate without the use of fertility treatment due to a health condition caused by their military service. Before today's expansion of care, VA was only allowed to provide IVF services to Veterans who were legally married and – within that relationship – able to produce their own gametes (both eggs and sperm)," the press release continued. "Under this expansion of care, VA will offer IVF benefits to qualifying Veterans regardless of marital status and – for the first time – allow the use of donor eggs, sperm, and embryos."

The VA anticipates that it will be able to expand IVF coverage "nationwide within the coming weeks."

The Department of Defense announced plans for the expanded coverage in a December court filing following a lawsuit by Yale Law School and the National Organization for Women's New York City chapter, the Military Times reported.

According to Sonia Ossorio, the executive director of NOW-NYC, the lawsuit challenged the DOD and the VA "to remove all discriminatory barriers so that each and every service member and veteran who needs this reproductive care can access it."

Kimberly Lahm, a product director in the Office of the Deputy Assistant Secretary of Defense for Health Affairs for Health Services Policy and Oversight, stated, "We continue [to] identify ways to lean forward as much as we can in support of equity of access to reproductive health care for our service members."

"We're doing what we can to support our service members in making the reproductive health decisions that align with their family planning goals," she said.

Lahm stated that the IVF coverage expansion was "just one example of how we're supporting" Secretary of Defense Lloyd J. Austin III's "Taking Care of Our Service Members and Families" campaign, which aims to "make military moves easier, support careers of military spouses, strengthen support for military families and ensure economic stabilization."

VA Secretary Denis McDonough noted that the coverage expansion has been a top priority for the department.

"Raising a family is a wonderful thing, and I'm proud that VA will soon help more Veterans have that opportunity," McDonough said.

"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."

Troops and veterans seeking IVF treatments will still only be covered if their infertility challenges are due to their military service, the press release explained.

Donovan Bendana, a Yale Law School student representing NOW-NYC, called the coverage expansion "substantial progress," despite its failure to fully address the lawsuit, which aimed to open coverage to all regardless of the cause of their infertility issues.

"The onerous requirement of linking infertility to a specific service injury will deny many service members the opportunity to build a family. This is especially arbitrary in light of the military's decades-long disinterest in studying women's health, including the impact of service on fertility," Bendana stated.

NOW-NYC intends to continue forward with its lawsuit.

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