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When a veteran files a PACT Act-related claim for presumptive disability benefits due to toxic exposure, VA claims adjudicators take several key steps to verify the veteran’s participation in a Toxic Exposure Risk Activity (TERA).
This information is compiled into a “TERA Memorandum,” which is then provided to the Compensation & Pension (C&P) examiner to help inform their medical opinion.
In this article, VA disability expert Brian Reese defines a Toxic Exposure Risk Activity (TERA), the importance of a VA TERA Memorandum, its role in the VA claims process, and how it ties to TERA presumptive conditions under the PACT Act.
Table of Contents
Summary of Key Points
- Definition of TERA: The VA defines Toxic Exposure Risk Activity (TERA) as exposure to hazardous substances during military service, such as air pollutants, chemicals, radiation, occupational hazards, or warfare agents, which may lead to chronic or life-threatening conditions.
- Role of the TERA Memorandum: A VA TERA Memorandum is an official document confirming a veteran’s exposure to toxic substances during service. It is used as supporting evidence in VA disability claims to establish eligibility for presumptive conditions under the PACT Act.
- Process for TERA Claims: VA claims adjudicators follow a structured process to determine TERA applicability, including verifying service-related toxic exposures and forwarding the TERA Memorandum to the Compensation & Pension (C&P) examiner.
- Importance of a TERA Medical Opinion: The C&P examiner uses the TERA Memorandum to issue a TERA medical opinion, which evaluates the connection between the veteran’s toxic exposure and their claimed medical condition, especially for PACT Act-related claims.
What is a Toxic Exposure Risk Activity (TERA)?
The VA defines Toxic Exposure Risk Activity (TERA) as any exposure to hazardous substances during your military service.
These hazards may not be immediately apparent but can lead to chronic illnesses or life-threatening conditions over time.
If you served in environments or roles where you were exposed to any of these hazards, you may qualify for TERA presumptive conditions under the PACT Act.
TERA includes exposure to a wide range of toxic substances, grouped into five major categories:
#1. Air Pollutants:
- Burn pits
- Sand, dust, and particulates
- Oil well fires
- Sulfur fires
#2. Chemicals:
- Pesticides and herbicides
- Depleted uranium (including embedded shrapnel)
- Contaminated water sources
#3. Occupational Hazards:
- Asbestos
- Industrial solvents
- Lead and chemical-resistant paints
- Firefighting foams
#4. Radiation:
- Nuclear weapons handling, maintenance, and detonation
- Radioactive material and calibration sources
- X-rays
- Service on nuclear submarines or ships
- Involvement in cleanup after nuclear accidents
#5. Warfare Agents:
- Nerve agents
- Chemical and biological weapons
TERA Flowchart for Presumptive VA Disability Benefits
Once your VA claim for toxic exposure is received, VA claims adjudicators follow a structured process, as outlined in the flowchart below, to determine the applicability of Toxic Exposure Risk Activity (TERA) to your claimed disability compensation issue:
What is a TERA Memorandum?
A VA TERA Memorandum is an official document issued by the VBA to confirm that a veteran’s exposure to toxic substances qualifies as a Toxic Exposure Risk Activity (TERA) under VA guidelines.
This memorandum serves as formal recognition of a veteran’s exposure to hazardous substances during their service, including air pollutants, chemicals, radiation, occupational hazards, and warfare agents.
It is used as supporting evidence in VA disability claims to establish eligibility for presumptive conditions related to toxic exposures.
A completed VA TERA memorandum is forwarded to the C&P examiner for use in completion of a TERA medical opinion.
How Do I Get My Completed TERA Memorandum?
Your completed TERA Memorandum is stored in your official VA Claims File (C-File).
Here’s how you can access it:
- File a FOIA Request: Submit a Freedom of Information Act (FOIA) request to obtain a copy of your VA C-File.
- Ask Your Accredited VSO: Veterans can request their accredited VSO to download the memorandum directly from the Veteran Benefits Management System (VBMS).
What is a TERA Medical Opinion?
A TERA medical opinion is a request for a specialty C&P exam related to a veteran’s possible participation in a toxic exposure risk activity for PACT Act related claims and benefits.
The C&P examiner will review a veteran’s TERA memorandum before issuing a TERA medical opinion.
In a non-presumptive claim, if the veteran participated in a TERA event, then a TERA exam and associated medical opinion will be ordered by the VSR or RVSR.
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About the Author
Brian Reese
Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.
A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.
Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.
