TERA screening for non-presumptive toxic exposure

Toxic Exposure Risk Activity (TERA) is the framework Congress created in the PACT Act for handling toxic exposure claims that DON’T fit a specific presumption. Every veteran enrolled in VA health care now receives an initial TERA screening and re-screening at least every 5 years.

The five TERA categories

• Air pollutants (burn pits, sand/dust, oil-well or sulfur fires)
• Chemicals (industrial, agricultural, weaponized)
• Occupational hazards (jet fuel, asbestos, depleted uranium)
• Radiation
• Warfare agents

Why TERA matters for non-presumptive claims

If you served somewhere not on a presumption list but were exposed to a TERA, VA is now required to consider that exposure in adjudicating your claim. Specifically, if you show (1) a current disability and (2) participation in a TERA, VA MUST order a C&P exam with a nexus opinion. They can no longer simply deny for “no nexus.”

Pro tip

When filing a non-presumptive claim with any toxic exposure history, cite TERA explicitly in your 21-526EZ and any supporting Statement in Support of Claim. Specify which of the five categories applies and the dates and locations of exposure. This triggers VA’s mandatory development duty.

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