Document ID: chunk:federal_register_of_legislation:F2016L01332:reg:181:p3
Version: federal_register_of_legislation:F2016L01332
Segment Type: reg
Provision Reference: reg 181 (pt 3/5)
Character Range: 304986–307590

consequently does not give birth to a viable child either because  of risk to her life; or the danger of seriously compromising  her health; or serious and significant  risk to the potential child. (The latter circumstance may arise if the woman has had radiotherapy for a malignant condition.)

    for males -

    + the condition in which a man is unable to achieve a pregnancy in a woman.

"reduced fertility" means:

        for females -

         + the situation of a woman who has sought medical help in order to become pregnant and who has been given such help in the form of IVF, GIFT, or a similar procedure or hormonal stimuli and who as a result of such procedures does become pregnant; or

         + the situation of a woman who has been advised that she is infertile and who, as a result, has adopted a child and who then, and only after that, has conceived.

        (A woman is to be taken to be infertile if, despite such procedures, she remains unable to become pregnant. She will also be taken to be infertile until such time as she gives birth to a viable infant.)

       for males -

         + the situation of a man who has sought medical help in order to enable him to father a child as a result of conditions such as a low sperm count or impotence or other related condition and who, with his partner, has been given such help in the form of IVF, GIFT, or a similar procedure or hormonal stimuli and who as a result of such procedures does succeed in becoming the biological father of a viable infant; or

         + the situation of a man who has been advised that he is infertile  and who, as a result, with his partner, has adopted a child and who then, and only after that, has become the biological father of a viable infant in the normal way.

    The impairment rating for reduced fertility is given to compensate veterans for the delay they and their partners will have incurred in starting their family as a result of waiting for investigations and in undergoing the procedures and for the stress of hormone therapy which places a considerable emotional stress on both partners and a specific physiological stress on the female.

    The fertility problem should only be assessed as "infertility" under this Guide if it prevents the veteran from having children that the veteran would otherwise have had. It is for a medical practitioner to diagnose whether a fertility condition is present. The veteran must advise whether the fertility condition prevented the birth of a child that otherwise the veteran would have parented.

    If the veteran is of the opinion