TERA VA Claims: VA Benefits for Toxic Exposure Under the PACT Act
Toxic Exposure Risk Activity (TERA): CCK explains what qualifies as TERA under VA guidelines and how it affects eligibility for VA benefits. Learn the laws, how VBA processes these claims, and how toxic exposure is tracked through the Longitudinal Exposure Record (ILER).
Find out how to apply for VA healthcare if involved in TERAs, and how VA's duty to assist influences PACT Act-related claims. We also guide you through filing a VA disability claim focused on toxic exposures, using VA Form 21-526EZ. If your TERA-related claim was denied, CCK can assist.
TERA VA Medical Opinions for PACT Act Claims: cck-law.com/bl...
PACT Act Explained: cck-law.com/bl...
About CCK Law: cck-law.com/wh...
Feel free to ask questions, give us feedback, or request new veterans' law topics below! And don't forget to SUBSCRIBE so you won’t miss future videos. Visit our website at cck-law.com or call (888) 559-1385.
0:00 - Introduction
0:30 - What is TERA (Toxic Exposure Risk Activity)?
1:00 - Legal Definitions and VA Guidelines
1:28 - How VA Tracks Veterans Subject to Toxic Exposure: ILER
1:53 - Examples of Toxic Hazards
2:26 - Eligibility for VA Benefits Without Filing a Claim
3:06 - VA's Duty to Assist and TERA Memorandum
3:42 - What If the TERA Memo Doesn't List My Condition Specifically?
4:22 What If VA Denied My Claim That Is Now Eligible for TERA?
4:40 - What to Include In Your TERA VA Claim
5:15 - How to File a VA Disability Claim for TERA
6:55 - Conclusion and Additional Resources
Пікірлер: 57
I was denied ofcourse, I got tired of losing so I lawyered up. The law firm was surprised I was denied and took up my claim so now im waiting again but this time I feel much better. The VA even admitted I was exposed and still got denied! They make the process so mentally draining with all the dbl talk - tired of trying to match wits with them, time to let the lawyers do what they do stop being cheap and pay the money
Im a medical examiner. I am trying to help Veterans but many times I get my exams returned (from VA) to give additional explanation. I just got another exam back making me change my positive opinion to a negative one based on the question the VA is asking me. So I don't know who is asking these questions but many times we are forced to give a negative opinion because of the questions we are asked.
I was denied representation from this law firm, because I was already 100% even though my toxic exposure(PACTACT) claims had not been started. I reached out to other law firms and was denied representation in filing Toxic Exposure claims. I have the symptoms in writing, but because I am 100% I am screwed by the VA.
I don't understand why my sinusitis wasn't under TERA! There was a URI epidemic and problem at Fort Dix New Jersey. Many soldiers came down with this and had to be hospitalized I had problems ever since that happened to me and I was a mechanic by MOS for 63 hotel 10 and we use a lot of industrial solvents which also gave me respiratory problems this should have fell under TERA. My claim for sinusitis has been sent back to have contex and clarity. Ridiculous!
My husband was a fire fighter in the Air Force. He has 4 claims that were denied, but before the pact act. Asthma, high cholesterol, high blood pressure and psoriatic arthritis. Has been in appeals for two years so far. Next files a claim in September of 23 for prostate cancer. Denied, though the VA claims it is a Tera but the examiner claims no service connection. By the time these appeals,go,through my husband will be in his 70’s.
@nicholasmarshall3191
12 күн бұрын
That is ridiculous. Sorry to hear that.
I was exposed to PFC chemicals in Colorado Springs from 2000 through 2016. My claims were denied in 2018 because the VA did not acknowledge the abuse at the time. I almost died, and I am lucky to be alive. I am trying to get support again this year. My health is extremely bad due to the exposure.
@nicholasmarshall3191
12 күн бұрын
What base were you at? I was at Peterson, Schriever, and the AF Academy.
Because I was a mechanic while on active duty I was exposed to diesel fumes, solvents and asbestos every day! Now my sinuses are all messed up and get headaches too. Can I get disability for sinusitis and rhinitis using TERA and service connect it with my job? I never deployed.
@jslade60
19 күн бұрын
I was a mechanic also who has sinusitis I had to have the operation. They sent my claim back for further review I told the examiner this falls under the TERA act
I hope my suggestion will get to the secretary, Mr. McDonough. It would be nice if veterans could go to a; Patience First, Urgent Care, Community Care or a Doctor that he/ she chooses. It seems like the deck is stacked against veterans walking through the door. I think this way would save time and money. The Disability Benefits Questionnaire (DBQ) could run though a database and tell the rater within minutes whether a veteran claims are denied or granted and it would be coming from a neutral party. Optum Serve/LHI gets paid from the VA and then they subcontract to a Nurse Practitioner, who then gets paid. I have one more thing to add, how much is a C&P exam? I’m curious as to how much money is being spent weekly, monthly and yearly, because someone is getting rich off C&P exams whether it’s Optum Serve/LHI or Nurse Practitioner or both. Sincerely yours,
@JohnRodriguez-zn4gf
6 күн бұрын
The VA sent me to a C&P exam and the C&P Examiners were not licensed or qualified doctors to perform any or all the C&P exams that they did on me. I reported this to the VA, and I have not got a response from the VA. And, a VA raider denied numerous of my disability claims without the VA sending me to a C&P claims examine and without obtaining DBQ prepare by C&P examiners. Unbelievable. The VA thinks all Veterans are illiterate, dum, stupid, none lawyers, uneducated...etc that the VA can try to get over and screw Veterans claims thinking the VA is going to get away with it without the Veterans realizing it.
@JohnRodriguez-zn4gf
6 күн бұрын
The VA sent me to a C&P exam and the C&P Examiners were not licensed or qualified doctors to perform any or all the C&P exams that they did on me. I reported this to the VA, and I have not got a response from the VA. And, a VA raider denied numerous of my disability claims without the VA sending me to a C&P claims examine and without obtaining DBQ prepare by C&P examiners. Unbelievable. The VA thinks all Veterans are illiterate, dum, stupid, none lawyers, uneducated...etc that the VA can try to get over and screw Veterans claims thinking the VA is going to get away with it without the Veterans realizing it.
The VA need to locate silica dust. I had lung surgery to take a piece out I got rated zero specially after doing burn pits.
In Iraq myself and my company were exposed to chemicals as our sensors went off and were soaked in chemicals, YET IT WAS DENIED BY OUR BATTALION COMMANDER
can't believe that burning Human waste is not included.
@mrm1521
Ай бұрын
Anything burned that emitted fumes is included in the PACT Act, human waste included.
Is cold exposure on the list I was stationed in ft wainwright Alaska and during service 30 below 0 and in the field it got down to 60 below since service my feet are cold and get damp att the time and hand numbness some of the the time in understand there was a cleanup of land due to ddt after I left I served 1976-1979
My dad has kidney cancer and served from 80-88 exposed to multiple industrial solvents and jet fuel over his 8 years. Would he be eligible for TERA related claim? Hes was denied for kidney cancer service connection 2 years ago.
I was denied for it initially until I submitted pictures of where I was and lay statements from my battle buddy’s. The VA goes back 2 years for back pay for these claims too so it will be worth it.
i was screened for TERA a year ago but didn't get any response if I need to submit a claim. I participated in 2003 Gulf War during Enduring Freedom. I want to know how to submit a claim for " Presumptive Medical condition secondary to a recent diagnosis.
We were Security Troops on the flight line daily for many YEARS. Jet fumes from C-5, C9 mainly and transiting a/c. Breathing in fumes from a few thousand cars entering the base gates every work-day morning, and air shows. No one talks about this. Had sinus surgery while in USAF, thus connected. Of course they sprayed our uniforms with pesticide that was supposed to repel ticks etc [LRAFB]. I had nerve damage to my legs - the muscles constantly sparked for years, but how to prove service-connected?
Thank you!
Do welding fumes from being a welder count a TERA claim?
I was on the gulf war (1990-1991). I was diagnosed with melanoma cancer. It was removed. Now I have to go to the doctor every year to be check for melanoma. Do I have a case
I wouldn't recommend Chisholm, Chisholm, and Kilpatrick LTD to any Veteran looking for legal help filing VA claims. They outright denied consideration to represent me. When I asked why they turned down representing me no reason was given. Like most other legal representatives I had experience with it appears they are out to benefit themselves to the fullest extent possible. Save your money and time and go to an organization like the VFW, American Legion, or Disabled American Veterans to get help filing your VA claims ! CCK is a waste of air !
@marcus22771
2 ай бұрын
They are a business. If your case is weak they won't accept it. You can always file your own claim
@rooseveltoggssr.9647
14 күн бұрын
You are absolutely RIGHT!! and it is a shame how these lawyers create these videos claiming to help the veterans who are seriously needing their representation and refuse to show the veteran the respect him/her deserve. If they cant get anything out of it for themselves, then the veteran is SCREWED!!!!!
@JohnRodriguez-zn4gf
6 күн бұрын
Yes, I agree with your point about crooked lawyers just in it for themselves. You can not trust neither the VA or lawyers. I have had nothing but bad experiences with "Veteran Service Organization" (VSO). VSO are just as bad as crooked lawyers. Basically, nobody cares and there are too many haters and envious people out there. Sad that you can not count on nobody to help you with your claims. The VA fully knows the huge disadvantages that Veterans face through the entire rigged VA claims process monster machine. And the VA fully takes advantage of the fact that lawyers are for Sale and they will screw up your claims because the VA is going to pay them under the table. Best thing is for Veterans to either pursue their claims on their own or with the help of other Veterans who also did things themselves without crooked lawyers. The PACT Act is exactly that a pack of bull shit.
Does lead paint, weed killer around motor pool, liquid storage base also be in included from WWII Iin barracks in Germany
I have one TERA disability rated at 0%😂😂😂 it got delayed but finally approved after almost 6 months
@anthonythompson4718
29 күн бұрын
What a shame
Was directed to use ammonia and bleach to clean barracks cement & tile floors while stationed in Bermuda. My medical records states that I severely damaged my mucous membrane, I can no longer smell or taste, been that way for years and I never thought of it till reading things online and relooking at my medical records, would that be covered by the PACT Act?
Now the big question, how can I prove it? Are there presumptives? I only ask because I'm loaded with those.
@CCK_Law
2 ай бұрын
Hello! Check out our blog on the PACT Act where we discuss presumptive conditions here: cck-law.com/blog/new-bipartisan-legislation-on-toxic-exposure-announced/ Have a great day!
I was in Iraq, Turkey, n Saudi n was exposed. I was denied for COPD bc I'm a smoker. I have had mild COPD for the last 6/7 years with little change. I don't get it.
The VA's process of deciding what is and what is not compensable via the C&P exam is largely useless. I am a prime example. I probably had 1-2 headaches per year until my last deployment. Our convoys drove directly through burn pits and we were exposed to other airborne pollutants and now I have headaches at least 2-3 times a week. VA determined I do in fact have headaches/migraines but the condition is "not service connected". Make that make sense.
@CCK_Law
Ай бұрын
Hi! We're sorry to hear you're having trouble with your VA claim, give us a call at (888) 559-1385 for a free case evaluation, we may be able to help. Have a great day!
Okay, so I was deployed to the places of exposure. I have been told that I should file for the PACT act, but I do not have any presumptive conditions. Should I still file?
@JohnRodriguez-zn4gf
6 күн бұрын
Yes, still file as soon as possible because, I believe, the he VA is keeping top secret many other conditions that would qualify Veterans and sooner or later the VA has to come out with many other Presumtive conditions. The Vietnam Veterans went threw the long waiting before the VA and Washington DC finally decades after the Vietnam Conflict was over. Too bad, too many Vietnam Veterans passed away and were not able to file claims that would have been immediately approved in these late days.
The va was not in country in Vietnam to see what our veterans went through 😢
What happen to exposer to agent orange we were sprayed with the poison as we worked the jungles
I was approved, then received a letter stating va had made a mistake and I was put on hold. It has been months with no futher information. I think they are waiting till I expire, then they will not have to settle . What do you charge for services.
Our veterans deserve especially the ones that served in the war zones.
If I am already at 100% with VA, would it benefit me to do a TERA screening?
If I am 100% P&T, can I still file for PACT Act without messing up my P&T?
What about sodium nitrate from HBIED?
I was exposed to both PCBS and jet fuel along with other things
How to get a Tera ! Haven’t heard of that!What is it
@CCK_Law
Ай бұрын
Toxic exposure risk activity, or TERA, is defined as “any activity that requires a corresponding entry in an exposure tracking record system, or that VA determines qualifies for purposes of this subsection when taking into account what is reasonably prudent to protect the health of veterans.” This exposure tracking record system refers to government programs that will track how service members or veterans have been exposed to various occupational or environmental hazards. For more information, check out our blog on TERA VA Medical Opinions for PACT Act Claims here: cck-law.com/blog/tera-va-medical-opinions-for-pact-act-claims/ Have a great day!
I was a firefighter and they turned me down
@hbates3766
2 ай бұрын
I hope you can appeal it.
Radiation exposure??