A Primer on the PACT Act (Part 2): TERA

The First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics (PACT) Act was passed on Aug. 10, 2022. Veterans exposed to toxic exposure risk activity (TERA) may be entitled to benefits under the act. 

TERA is defined as any activity that exposed a member of the military to occupational or environmentally hazardous substances during their service, including handling or disposing of chemicals, working around contaminated equipment, or being stationed near areas where toxic substances were used or stored. 

The qualifying activity must be reported in a registry maintained by VA. VA is required to provide a disability examination and a medical nexus opinion for certain non-presumptive conditions (including TERA) when a veteran meets four requirements: 

• Submits a claim for compensation;

• Has evidence of a disability;

• Has evidence of participation in a TERA; and 

• Such evidence is not sufficient to establish service connection for the disability.

The exception to this requirement is when the VA secretary determines there is no indication of an association between the claimed condition and the TERA for which the veteran submitted evidence.

If you suspect that a diagnosis could be related to toxic exposures, contact a VSO. Find a VVA Veteran Service Officer to assist with a claim in states that have a benefits program here, or search for a VSO from another organization through the VA’s website in states where we do not. Enter your ZIP code or city and state, and you’ll see which VSOs serve your area.