The PACT Act is a law that helps Veterans who were exposed to harmful substances during their military service. For some Veterans, it helps them prove that this exposure causes certain health problems. According to the Department of Veterans Affairs (VA), “toxic exposure” means being in contact with harmful substances that can cause health problems.
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Types of Toxic Exposure in the Military
The PACT Act addresses various forms of toxic exposure that Veterans may encounter, including:
- Toxic Exposure Risk Activities (TERA) refer to military activities where soldiers may be exposed to harmful substances. This can occur when handling dangerous materials or being stationed where toxic materials were stored.
- Agent Orange Exposure: Agent Orange is a harmful herbicide that the U.S. military used during the Vietnam War to clear vegetation. The PACT Act now includes Veterans exposed to Agent Orange in regions beyond Vietnam, such as Thailand, Cambodia, Laos, Guam, American Samoa, and Johnston Atoll.
- Burn Pit and Airborne Hazards: Burn pits were utilized in Iraq and Afghanistan to dispose of waste, which often contained harmful chemicals. The PACT Act also addresses this type of exposure.
- Radiation Exposure: Some Veterans have been exposed to harmful radiation during their service, particularly those involved in nuclear testing or cleanup operations at locations like Enewetak Atoll, Palomares in Spain, and Thule in Greenland.
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How TERA Relates to the PACT Act and Disabilities
TERA refers to military operations that may expose soldiers to toxic substances, including chemicals, pollution, and radiation.
What does this mean for your disability claim? The PACT Act simplifies the process for Veterans to claim disabilities related to their service that were previously unrecognized. However, there is a challenge: an increasing number of Veterans are having their claims denied due to insufficient evidence of TERA exposure, or because TERA was not mentioned in their claim.
According to the law (38 USC § 1168), a Compensation & Pension (C&P) exam and a medical opinion are required when claiming exposure to TERA (Toxic Exposure Risk Activities) toxins. Even if the VA acknowledges that you were exposed to these toxins, it doesn’t necessarily mean they will link that exposure to any health issues you may have. Recently, the VA has focused only on TERA exposure and has overlooked other means of establishing a connection between your disability and your service. This includes direct service connection, chronic conditions, secondary service connection, or presumptive service connection.
An experienced VA Disability Attorney can help.
If you or a loved one has been affected by toxic exposure or radiation and need help with your VA disability claims, please reach out to us today for a free consultation. Our law firm is dedicated to assisting disabled Veterans across the nation in obtaining the benefits they deserve through the VA disability system.
