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Data / Federal rules / 2024-07040

Instructions for Determining Eligibility for In Vitro Fertilization (IVF) Benefit

The Veterans Affairs Department published this final rule in the Federal Register on April 4, 2024. It took effect on March 28, 2024.

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What the agency says

The Department of Veterans Affairs (VA) announces that the Secretary of Veterans Affairs issued Instruction of the Secretary 01-24 on March 28, 2024, which addresses the expansion of eligibility for IVF benefits to qualified Veterans and their spouses. VA's authority to provide assisted reproductive technology (ART) benefits to veterans and their spouses, including IVF coverage, references the benefits the Department of Defense (DoD) provides to active-duty service members. The primary benefit provided by VA under this authority is IVF. DoD previously limited the IVF benefit to service members who had a Category II or III injury or illness and who together with their legal spouse could produce and carry a child who is biologically their own. This limitation effectively limited the benefit to service members who were legally married and capable of producing their own sperm and eggs (gametes) within that marriage. On March 8, 2024, DoD amended its policy to cover IVF for service members with a qualifying injury or illness who are unmarried and to allow donated gametes and embryos. VA is amending its IVF policy to adopt conforming changes.

Key facts

Document number
2024-07040
Type
Final rule
Action
General policy statement
Agency
Veterans Affairs Department
Published
April 4, 2024
Takes effect
March 28, 2024
Dates
Instructions for Determining Eligibility for IVF Benefit is effective March 28, 2024.
Code of Federal Regulations
38 CFR 17
Pages
4

The document on federalregister.gov PDF

Other documents from the Veterans Affairs Department

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Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.