For many veterans, the effects of military service don’t end when they return home. Exposure to hazardous chemicals, contaminated water, burn pits, industrial solvents, radiation, and other environmental hazards can have lasting effects on a veteran’s health—sometimes years or even decades after service.
But what happens when you believe your current health condition is connected to something you were exposed to during your military service?
One important part of the VA disability claims process is something called a Toxic Exposure Risk Activity (TERA) concession.
Established as part of the VA’s expanded approach to toxic exposure claims under the PACT Act, TERA procedures can play an important role in helping veterans pursue disability compensation for conditions potentially related to their military service.
So, what exactly is a TERA concession, how does the VA determine whether a veteran qualifies, and what does it mean for your disability benefits? Let’s break it down.
What Is a TERA?
TERA stands for Toxic Exposure Risk Activity. It refers to an activity during military service that involved potential exposure to substances, chemicals, or environmental hazards that could pose a risk to a veteran’s health.
Not all toxic exposures happen on the battlefield, and not all exposures involve overseas deployments. Veterans may encounter hazardous substances through their military occupational duties, training environments, installations, or other activities during service.
Examples of potential toxic exposures include:
- Burn pits and airborne hazards: Smoke, dust, particulate matter, and fumes from open burn pits, oil well fires, and other environmental hazards.
- Herbicides and pesticides: Including Agent Orange and other chemicals used during military operations.
- Contaminated water: Including exposure associated with Camp Lejeune.
- Industrial chemicals and solvents: Substances used in maintenance, manufacturing, cleaning, and other military occupational activities.
- Asbestos and lead: Hazardous materials that may have been encountered in older military buildings, equipment, and occupational settings.
- Radiation: Exposure associated with certain military operations, equipment, and occupational duties.
This is not an exhaustive list. A veteran’s potential exposure depends on the circumstances of their service, including where they served, what duties they performed, and what substances they may have encountered.
What Is a TERA Concession?
A TERA concession means the VA acknowledges that a veteran participated in a qualifying toxic exposure risk activity during military service.
In other words, the VA has recognized evidence of the veteran’s participation in an activity that involved potential toxic exposure.
This is an important distinction: A TERA concession does not automatically mean the VA has established that a veteran’s medical condition was caused by that exposure.
Instead, it can help establish an important part of the claim: the veteran’s participation in a qualifying exposure-related activity.
For veterans pursuing disability compensation, this acknowledgment may open the door to additional consideration of how their military exposures could be connected to their current medical conditions.
How Does the VA Determine Whether a Veteran Qualifies for a TERA Concession?
The VA considers available evidence to determine whether a veteran participated in a qualifying toxic exposure risk activity.
Depending on the circumstances, this may include:
- Military personnel and service records.
- Deployment history and locations of service.
- Military occupational specialty (MOS) and assigned duties.
- Individual Longitudinal Exposure Record (ILER) information.
- Service treatment records.
- Statements from the veteran describing potential exposure.
- Other supporting documentation related to the claimed exposure.
Importantly, a veteran does not necessarily have to have served in a specific country or combat zone to have participated in a TERA. Certain occupational exposures and activities may qualify regardless of geographic location.
For example, a veteran who regularly worked with industrial solvents, hazardous materials, or other potentially toxic substances as part of their military duties may have grounds for TERA consideration.
The VA evaluates the evidence in the context of the veteran’s actual service circumstances. A military occupational specialty alone does not automatically establish exposure to a particular substance, but it may be relevant when considered alongside other evidence.
How Can a TERA Concession Affect Your VA Disability Claim?
This is where things become especially important for veterans seeking disability compensation.
Under the PACT Act, Congress established additional requirements for VA medical examinations and opinions involving toxic exposure claims.
The PACT Act Medical Exam Requirement
Specifically, 38 U.S.C. § 1168 generally requires the VA to obtain a medical examination and medical opinion when a veteran has:
- Evidence of a current disability;
- Evidence of participation in a toxic exposure risk activity during qualifying military service; and
- Insufficient evidence to otherwise establish service connection.
An exception applies when the VA determines there is no indication of an association between the claimed disability and the toxic exposure risk activity.
The medical professional providing the opinion must consider the veteran’s total potential exposure across applicable military deployments, as well as the combined or synergistic effects of their toxic exposure risk activities.
This matters because veterans may have experienced multiple exposures throughout their military careers. Looking at only one exposure in isolation may not provide a complete picture of their potential health risks.
A TERA concession can therefore be an important step in ensuring the VA properly considers whether a veteran’s current condition may be related to their military service.
Does a TERA Concession Guarantee VA Disability Benefits?
No. This is one of the most important things veterans should understand.
A TERA concession is not the same as an approved disability claim.
| What a TERA concession does | What a TERA concession does not do |
| Acknowledges you participated in a qualifying toxic exposure risk activity | Prove your condition was caused by that exposure |
| Helps establish the in-service exposure part of your claim | Guarantee VA disability benefits |
| Can require the VA to obtain a medical exam and opinion | Replace the need for a current diagnosed disability |
| Requires the examiner to consider your total and combined exposures | Replace the need for a medical nexus, unless a presumptive condition applies |
Even when the VA acknowledges participation in a toxic exposure risk activity, the veteran generally must still establish the remaining requirements for service connection.
These may include:
- A current diagnosed disability: Evidence that the veteran currently has the medical condition for which they are seeking benefits.
- Qualifying military exposure: Evidence establishing participation in a TERA or otherwise supporting the claimed in-service exposure.
- A connection to military service: Evidence supporting a relationship between the current disability and the veteran’s military service, which may include a medical nexus opinion.
Presumptive vs. Direct Service Connection
There is an important exception to the usual evidence requirements for certain conditions covered by VA presumptive service connection rules.
For qualifying veterans with certain presumptive conditions, the VA may presume that the condition is related to military service without requiring the veteran to establish the same individualized medical nexus.
However, many conditions associated with toxic exposure are not currently recognized as presumptive conditions. In those situations, a veteran may still be able to pursue direct service connection with supporting medical and service-related evidence.
A TERA concession may help move that process forward, but the evidence supporting the overall claim remains critical.
What Should You Do If You Believe Your Disability Is Related to Toxic Exposure?
If you believe an illness or medical condition is connected to something you encountered during military service, don’t assume you are ineligible for benefits simply because your condition isn’t on the VA’s presumptive conditions list.
There may be other avenues for establishing service connection.
Consider taking the following steps:
1. Document your military exposure history.
Think about where you served, the duties you performed, the environments in which you worked, and any chemicals or hazardous materials you may have encountered.
2. Gather relevant military records.
Deployment records, personnel files, occupational assignments, and other documentation may help establish the circumstances of your service and potential exposure.
3. Obtain medical documentation.
Make sure your current medical conditions are properly diagnosed and documented. Medical records can also help establish the history and progression of your condition.
4. Understand how the VA is evaluating your claim.
If the VA has conceded TERA participation, determine whether it has properly considered the applicable toxic exposure procedures and obtained an adequate medical opinion when required.
5. Consider getting help with your claim.
Toxic exposure claims can involve complicated medical, legal, and evidentiary issues. Understanding how the VA evaluates these claims can make a meaningful difference in how you approach your benefits application or appeal.
Let Parmele Disability Advocates Help You Navigate Your VA Disability Claim
You served your country. If you are now dealing with a medical condition that you believe may be connected to your military service, understanding your benefits options is an important first step.
At Parmele Disability Advocates, our team of attorneys, disability experts, and specially trained staff understands that navigating the VA disability system can be overwhelming. We work with veterans to help them understand their options, evaluate their claims, and navigate the complexities of the disability benefits process.
Whether you are filing an initial claim, responding to a VA decision, or exploring whether toxic exposure may be relevant to your disability claim, you don’t have to navigate the process alone.
Have questions about a TERA concession or how toxic exposure could affect your VA disability benefits? Contact Parmele Disability Advocates today. We’re here to help you understand your options and take the next step.