What is the PACT Act?

• Air Pollutants: Burn pits, sand, dust, particulates, oil well fires.

• Chemicals: Herbicides (like Agent Orange), pesticides, industrial solvents.

• Radiation: Nuclear weapons handling, radioactive waste.

• Warfare Agents: Chemical and biological weapons.

• Other Hazards: Asbestos, lead, contaminated water (like at Camp Lejeune).

  The TERA framework is designed to be broad and can even include exposures that occurred during training exercises in the United States.

Medical Opinion (Nexus): Once exposure is conceded, the VA is required to get a medical opinion to determine if there is a link (a "nexus") between the in-service toxic exposure and the veteran's current disability. The medical professional will evaluate whether it is "at least as likely as not" that the condition was caused or aggravated by the exposure.

• No Need to Prove Exposure: The biggest advantage is that a veteran no longer has the burden of proving that the exposure occurred. The TERA memorandum shifts that responsibility to the VA.

• Covers Non-Presumptive Conditions: This is a pathway for service connection for any condition, not just those on the PACT Act's presumptive lists. If you have a rare cancer or another illness you believe is from your service, the TERA process can help you make your case.

• Broader Application: It applies to veterans from all eras and locations, as long as they were involved in a toxic exposure risk activity.

1. Air Pollutants

This category includes exposure to harmful particles and fumes in the air.

• Burn Pits: Working at, living near, or being downwind from open-air burn pits used to dispose of waste in locations like Iraq and Afghanistan.

• Oil Well & Sulfur Fires: Being exposed to the smoke and particulates from the oil well fires in Kuwait during the Gulf War or the sulfur plant fire near Mosul, Iraq.

• Sand and Dust Storms: Routinely operating in desert environments with high levels of fine particulate matter from sand and dust.

• Waste Incinerators: Service at locations with industrial waste incinerators, such as the one at the Naval Air Facility at Atsugi, Japan.

2. Chemicals

This involves direct or indirect contact with harmful chemicals.

• Herbicide Exposure: Handling, spraying, or being in areas treated with herbicides like Agent Orange in Vietnam, Thailand, the Korean DMZ, and other specified locations.

• Contaminated Water: Living or working at bases with known water contamination, most notably Marine Corps Base Camp Lejeune, where the water contained industrial solvents and other chemicals.

• Pesticide Application: Working in roles that required mixing or applying pesticides on military bases.

• Fuel and Solvent Exposure: Regularly handling, transporting, or working with fuels (like jet fuel JP-8), industrial solvents, degreasers, and special paints (like Chemical Agent Resistant Coating - CARC).

  This is common for aircraft mechanics, vehicle maintenance crews, and some supply personnel.

3. Occupational Hazards

This is a very broad category tied directly to a veteran's Military Occupational Specialty (MOS) or job duties, including "garrison exposures" (exposures on a military base, even stateside).

• Asbestos Exposure: Working in construction, demolition, shipbuilding, or vehicle repair before the 1990s. Many Navy jobs have a high probability of asbestos exposure, such as Machinist's Mate, Boilermaker, Hull Maintenance Technician, and Electrician's Mate.

• Lead Exposure: Working with lead-based paints, at firing ranges, or in other industrial settings involving lead.

• Firefighting Foam (PFAS): Being a firefighter or part of emergency response teams that used Aqueous Film-Forming Foam (AFFF) during training or actual emergencies.

• Shipyard Duty: Performing maintenance, repairs, or decommissioning of ships, which involves exposure to a wide array of toxins like lead paint, solvents, asbestos, and welding fumes. A Damage Controlman (DC), for example, is an MOS with conceded TERA due to these activities.

• Noise and Vibration: Operating heavy machinery or aircraft, which can be considered an occupational hazard.

4. Radiation

This includes exposure to any form of ionizing radiation during service.

• Nuclear Weapons: Handling, maintaining, or being part of the detonation or testing of nuclear weapons.

• Radiological Cleanup: Participating in the specific cleanup operations at Enewetak Atoll, Palomares (Spain), and Thule (Greenland).

• Nuclear Propulsion: Serving on a nuclear-powered submarine or ship as a technician or in other capacities.

• X-Ray Technician: Working as a dental or medical technician who regularly operates x-ray equipment.

5. Warfare Agents

This category involves exposure to chemical or biological weapons, whether in testing or combat.

• Chemical/Biological Weapon Testing: Volunteering for or participating in testing programs like Project 112/SHAD or other CBRNE (Chemical, Biological, Radiological, Nuclear, and Explosives) testing.

• Mustard Gas Exposure: Being involved in the German bombing of Bari, Italy, in WWII or working in labs where these agents were tested.

• Handling Nerve Agents: Working in roles that required the handling or disposal of nerve agents.

The VA must consider the specific circumstances of your service.

If your job duties or deployment location made it likely that you were exposed to a hazardous substance, it can be considered a TERA

Under the TERA guidelines, the VA has a "duty to assist" and is required to review your service records to determine if a TERA occurred.

You do not have to definitively prove the exposure; you have to show that your service likely placed you in a situation where exposure was possible.

Think of it this way: Your primary job is to provide the "who, what, when, and where" of your service.

The VA's job is to use that information to officially note or admit the exposure.

• This is extremely important. Use VA Form 21-4138 (Statement in Support of Claim) or find a template from AFL here.

• Be specific. Don't just say, "I was exposed to burn pits." Instead, describe it in detail:

  "From May 2007 to July 2008, I was stationed at FOB Speicher in Iraq. My bunk was in a CHU located approximately 400 meters from the main burn pit. Thick, black smoke would often drift over our living area, especially in the evenings. The smoke smelled of burning plastic and chemicals, and I developed a persistent cough about three months into my deployment."

• Connect it to your job.

  "As a 91B Wheeled Vehicle Mechanic, my duties included daily use of TCE and other solvents to clean engine parts in a poorly ventilated maintenance bay. We were not issued respirators and had direct skin contact with these chemicals."

"Buddy Statements" (Statements from fellow service members)

• A statement from someone you served with can be incredibly useful.

• Ask them to be specific about what they remember, confirming your location, your duties, and the conditions you experienced together.

• Photos or Personal Journals

  • Do you have any photos of yourself with the burn pit, a dust storm, or your work environment in the background? Visual evidence can be used.

  • If you kept a journal that mentioned the conditions, that can also serve as evidence.