That brings the total who have tested positive for hepatitis to 33.

They are among thousands tested because they were treated with endoscopic equipment that wasn’t properly sterilized between patients and exposed them to the body fluids of others. The equipment is often used in colonoscopies and ear, nose and throat procedures.

Nearly 11,000 former sailors, soldiers, airmen and Marines could have been exposed at the hospitals in Miami, Murfreesboro, Tenn., and Augusta, Ga. The agency said 6,687 patients have been notified of their test results so far.

VA spokeswoman Katie Roberts said the new HIV case was found in the Miami hospital. The agency said in a news release the positive tests were “not necessarily linked to any endoscopy issues.”

“It’s very disturbing that anybody would contract it, of course. I am pleased that the VA has agreed to treat all the veterans regardless of where they may have contracted it,” said Alexander Kovac, a veterans’ advocate who was stationed in Korea in the 1960s.

The VA has said the problems with the endoscopic equipment had gone on for years, but were discovered in December when officials learned the Murfreesboro facility wasn’t following cleaning procedures the manufacturer recommended. It issued an internal alert for hospitals to check procedures, and the problem at Augusta was discovered in January.

On Feb. 9, the VA announced a nationwide safety check of endoscopic equipment used in colonoscopies and ear, nose and throat treatments. The procedure involves a narrow, flexible tube fitted with a fiber-optic device such as a telescope or magnifying lens that is inserted into the body.

Some veterans were warned in February to get tested, and more were alerted in March when the Miami hospital backtracked on its previous conclusion that it didn’t have a problem.

The day after the first HIV infection became public April 6, the VA announced that its top medical official, Dr. Michael Kussman, was retiring. Kussman still works at the VA but could not be reached for comment. Roberts has said there was “no connection whatsoever.”

The endoscopic equipment is made by Center Valley, Pa.-based Olympus American Inc., and the company has said its recommended cleaning procedures are clear.

The VA and its inspector general have started investigations, and congressional members of the Veterans Affairs Committee have asked for a hearing in late May to discuss how the VA has been handling the problem.

The VA is providing a hot line for veterans and their families and posts the information it is releasing on its Web site.

In what is described as a groundbreaking decision, the court ruled that discriminating against someone for changing genders is sex discrimination under federal law.

“It is especially gratifying that the court has ruled that discriminating against someone for transitioning is illegal,” said Diane Schroer, the plaintiff in the case.

“I knew all along that the 25 years of experience I gained defending our country didn’t disappear when I transitioned, so it was hard to understand why I was being turned down for a job doing what I do best just because I’m transgender. It is tremendously gratifying to have your faith in this country, and what is fundamentally right and fair, be reaffirmed.”

In reaching its decision, the court ruled: “The evidence established that the Library was enthusiastic about hiring David Schroer – until she disclosed her transsexuality. The Library revoked the offer when it learned that a man named David intended to become, legally, culturally, and physically, a woman named Diane. This was discrimination ‘because of . . . sex.’”

The court compared the discrimination faced by Schroer to religious-based discrimination, saying, “Imagine that an employee is fired because she converts from Christianity to Judaism. Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.”

“The court got it exactly right, sending a loud and clear message to employers everywhere: if you fire or refused to hire someone for transitioning, you are guilty of sex discrimination and may well find yourself liable,” said Sharon McGowan, one of the ACLU LGBT Project staff attorneys who tried the case.

The court also ruled that the Library was guilty of sex stereotyping against Schroer because she failed to live up to traditional notions of what is male or female.

The ACLU filed the lawsuit against the Library of Congress on June 2, 2005. After retiring from the military, Schroer, who had been hand-picked to head up a classified national security operation while serving as a Special Forces officer, applied for a position with the Library of Congress as the senior terrorism research analyst.

Soon thereafter she was offered the job, which she accepted immediately. Prior to starting work, Schroer took her future boss to lunch to explain that she was in the process of transitioning and thought it would be easier for everyone if she simply started work presenting as female. The following day, Schroer received a call from her future boss rescinding the offer, telling her that she wasn’t a “good fit” for the Library of Congress.

The lawsuit charged that the Library of Congress unlawfully refused to hire Schroer in violation of Title VII of the Civil Rights Act, which protects against sex discrimination in the workplace.

The Library of Congress moved to dismiss the case several times, claiming that transgender people are not covered under the 1964 law.

The court’s decision indicated that the next step in the case will be further proceedings to determine the appropriate remedies for this discrimination. Those may include ordering the Library of Congress to hire Schroer, award back pay for the wages she lost or provide monetary compensation for the injury caused by discrimination.

“I very much hope that this ruling will help to eliminate the all-too-pervasive discrimination against gender non-conforming people in all areas. I hope too, that employers, family members, friends and co-workers will begin to understand variations in gender identity from a basis of knowledge and not fear,” Schroer said.