Jacquelyne Nichols, a former Marine who served for 11 years, struggled with infertility upon returning from deployment in Qatar in 2018. She is currently undergoing in vitro fertilization treatments and is fighting for the Department of Veterans Affairs to cover the costs. While the VA and the Defense Department have covered fertility care for years, they still have limitations on who is eligible for these benefits.
Advocates are pushing for the VA and the Defense Department to expand access to fertility care for veterans and service members, who may experience rates of infertility three times higher than the general population. One major remaining barrier is the requirement that veterans prove their infertility is related to their service. Last year, the National Organization for Women-New York City filed a lawsuit against the agencies, claiming discriminatory restrictions on fertility treatment access.
IVF benefits have been recently expanded for eligible service members and veterans who are unmarried or in same-sex couples. However, IVF is still only available for individuals who can prove that their infertility is linked to their service, such as combat-related injuries to reproductive organs or medication side effects. Attorney Renée Mihail, an Army veteran working on the lawsuit, believes that many service members are exposed to toxic chemicals that could impair their ability to have children.
In a 2018 survey, 37% of active-duty women reported struggling with infertility, three times the national average. Exposure to toxic chemicals, high-altitude flying, and other hazards could negatively impact fertility for both men and women in the military. Sen. Tammy Duckworth, an Iraq War veteran, introduced legislation to expand access to fertility benefits for service members and veterans, drawing on her own struggles with infertility that she believes are linked to her military service.
The lawsuit by the National Organization for Women-New York City against the Pentagon and the VA is ongoing, with oral arguments set to be heard in federal court. Both departments have not commented on the pending litigation. Duckworth continues to push for expanded coverage of fertility benefits for service members and veterans, emphasizing that those who defend the country deserve the opportunity to start families and pursue their American dream. The fight for increased access to fertility care for military personnel remains a key issue that advocates are working to address.
