A married
couple serving in the Canadian military unsuccessfully attempted to
conceive a child for a number of years. CAF medical authorities determined that
the husband suffered from male factor infertility. As a result, the couple
required intra-cytoplasmic sperm injection (ICSI) and in vitro fertilization
(IVF). Under the established Spectrum of Care (SoC), the military would only
cover the cost of ICSI, and not IVF. The female
soldier submitted a grievance requesting funding for IVF.
The
Surgeon General denied the grievance.
He stated
that since the grievor did not meet the eligibility requirements for coverage
of IVF, she was not entitled for reimbursement of costs. The
external Military Grievance Board acknowledged
that the grievance was not about the grievor's infertility, but that of her
husband's.
The
Grievance Board contacted a specialist doctor in the field of infertility and
reproductive medicine, who certified that ICSI cannot be conducted
without IVF, and that ICSI alone is meaningless as an assisted
reproductive technique. The Grievance Board found that to
exclude IVF from ICSI treatment would represent an
incomplete and meaningless treatment. It recommended that the CAF reimburse the
grievor's spouse for the IVF portion of
his ICSI treatments, up to three cycles. That recommendation is
awaiting a decision by the Chief of the Defence Staff in his role as the Final
Authority in the CAF Grievance Process.
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