VA to cover IVF for single veterans, same-sex couples after lawsuits
The Department of Veterans Affairs announced Monday that it will cover in vitro fertilization treatment for qualifying veterans who are single or in same-sex marriages, after it faced legal challenges last year that said its policies were discriminatory.
VA had for years covered IVF costs for veterans with injuries and health conditions from their military service that affected their fertility, but only for those who were legally married and able to produce their own eggs and sperm from that relationship. Those benefits will now be extended to veterans regardless of marital status if they have service-connected fertility problems, VA said.
The department said the policy would take effect in coming weeks. VA Secretary Denis McDonough added in a statement that the department was working to implement it as soon as possible.
“Raising a family is a wonderful thing, and I’m proud that VA will soon help more Veterans have that opportunity,” McDonough said.
The Defense Department on Monday announced similar changes to its IVF-eligibility policy for active-duty service members. The revised policy covers the cost of assisted reproductive technology for troops and their spouses, partners or surrogates. It also allows service members to use donor eggs and sperm.
In a statement Monday, Sen. Patty Murray (D-Wash.), who has long pushed for legislation expanding IVF coverage for veterans and service members, commended VA’s policy changes.
“VA’s announcement is an important step forward that will help more veterans start and grow their families,” said Murray, a member of the Senate Veterans’ Affairs Committee.
She added, “Servicemembers and veterans have sacrificed so much for our country - but they should never have to sacrifice their ability to start a family.”
The change follows two lawsuits filed against VA last year, which say the department’s IVF policies discriminated against LGBTQ+ veterans.
In August, Ashley Sheffield, a veteran who medically retired after nearly 20 years in the Air Force, sued VA after the department declined to pay for her IVF treatment.
During her service, Sheffield was exposed to carcinogens and other substances that can affect the reproductive system, according to the lawsuit. After her 2021 medical retirement, VA gave her a 100 percent disability rating and an additional monthly compensation for “loss of a creative or reproductive organ,” the lawsuit states.
Still, VA did not cover IVF costs for Sheffield, and she and her wife paid thousands for the treatment themselves, court records state.
Sheffield’s lawsuit alleged that IVF policy was discriminatory, saying an appropriations statute for VA medical care referenced the Defense of Marriage Act, which the Supreme Court struck down in 2013, making same-sex marriage legal. Her lawsuit requested compensatory damages, including medical expenses, and a court order requiring VA to provide equal access to IVF regardless of sexual orientation.
The same day Sheffield filed her lawsuit, the New York City chapter of the National Organization for Women filed a similar complaint against VA and the Defense Department.
In response to that lawsuit, VA and the Defense Department said in a December court filing that they would revise their IVF policies.
Peter Romer-Friedman, an attorney representing Sheffield, told The Washington Post that his client’s case is on hold, but he called Monday’s announcement an “indication that all types of families need, want and deserve access to IVF treatment.”
“When they see that a policy is wrong, they should fix it, and it’s a great thing that they did that today,” Romer-Friedman said. “But we want to make sure everyone is made whole for what’s happened in the past.”