Family Law

Our Wounded Warriors Deserve More Than The Current Band-Aid

If an American service member sacrifices their body -- and fertility -- for the rest of us, we can at least give them the medical care necessary to fulfill their dreams of having a child.

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Tyler and Crystal Wilson are adorable and inspirational, and their story is destined to become a feel-good movie. Tyler met Crystal when he was at a low point in his life. After high school, inspired by 9/11 and the heroic passengers on Flight 93, he went into the military and quickly found himself taking enemy fire in Afghanistan. As a result, Tyler was permanently paralyzed from the waist down. Once fit and active, it was hard  for Tyler to avoid living a sedentary lifestyle while he was left to move around in a wheelchair.

Or so Tyler thought. That is until Tyler was introduced to adaptive sports, which helped him stay active. Even better, he was introduced to Crystal, an adaptive sports therapist. With Crystal’s help, Tyler learned he could do some pretty amazing things — hand biking over the Rockies, skiing, and even conquering the famed Manitou Incline (2,000 feet of elevation in less than one mile!). But having a child was a whole new challenge.

Due to the injuries sustained in combat, it was impossible for Tyler and Crystal to conceive without the help of assisted reproductive technology. Unfortunately, fertility treatment is incredibly expensive. And to make matters worse, Tyler and Crystal were shocked to learn that a decades-old law prohibits the Department of Veterans Affairs (the VA) from providing in vitro fertilization (IVF) as part of their medical services. That’s crazy! Especially when IVF is needed specifically due to combat-related injuries.

As I’ve mentioned before, it’s somewhat ironic that IVF is permitted for active military members. But once a soldier sustains injuries serious enough to impair fertility, it frequently also means that those same impairments result in a medical discharge from active duty, and the triggering of the ban on IVF under the auspices of the VA.

As can only be expected by a couple that doesn’t take life lying down — of course you can still ski, even if you are in a wheelchair! — they did not give up. Tyler and Crystal have been actively lobbying Washington for years, together with organizations like RESOLVE, for change. And they have had success! At least temporary success.

Success … For Now

In September 2016, the MilCon-VA Appropriations bill was passed, temporarily permitting IVF for veterans with service-related infertility for FY 2017 and 2018. That temporary bandage for a bigger problem was set to expire this month, September 2018. Fortunately, the temporary fix was extended for two additional years — FY2019 and FY2020. So if you are a veteran suffering from infertility due to service-related injuries, you may want to speed up your time table for growing your family. Double-time on that online dating! The clock is ticking. After the latest extension ends, you could be out of luck for several more decades.

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In more positive news, with the help of some family-building grants, their personal savings, and the assistance (both financially and medically) of a Colorado fertility clinic, the Wilsons were able to conceive their son, Mathew. But the Wilsons aren’t just about helping their own family. The two plan to continue to lobby their representatives and Congress until all veterans with service-related infertility have the same opportunity to experience the joys of parenthood as they have. On a permanent basis.

Regardless of which side of the aisle you stand, this should be something we can agree on. If an American service member sacrifices their body — and fertility — for the rest of us, we can at least give them the medical care necessary to fulfill their dreams of having a child. There have been proposals to permanently remove the IVF ban. Washington Senator Patti Murray, for one, has proposed the Women Veterans and Families Health Services Act to eliminate the VA’s IVF ban. Senator Murray’s bill also increases options to veterans considering adoption as a family building option. Let’s do it! Or some other law that has the same effect. This is one of those bills that shouldn’t die in partisan gridlock.

To hear more of Tyler and Crystal’s story and their causes, listen to their latest interview on the podcast I co-host, I Want To Put A Baby In You.

Ellen TrachmanEllen Trachman is the Managing Attorney of Trachman Law Center, LLC, a Denver-based law firm specializing in assisted reproductive technology law, and co-host of the podcast I Want To Put A Baby In You. You can reach her at [email protected].

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