03/07/2024
. VERY VERY IMPORTANT READ
*** IF YOU ARE CONSIDERING A COMPENSATION CLAIM --- Either Initial, or a Supplemental RELATED TO TOXIC EXPOSURE RISK ACTIVITY:
This list may help when considering filing a TERA claim related to Ft. McClellan or filing a Supplemental for a previously denied toxic exposure claim... For the most part, at this time – it doesn’t matter when your TERA (exposure) occurred --- 60s, 70s, 80s, or 90s and although your MOS may come into play – ANY MOS can file a TERA claim. (Please read until the end).
And, the VAs expansion of HEALTH CARE for “toxic exposed” veterans would include Ft. McClellan veterans who are not already enrolled or who are in need of HEALTH CARE. Priority Group placement will be a factor as well. HOWEVER, the HEALTH CARE expansion has nothing to do with COMPENSATION BENEFITS.
Fairly comprehensive but not all-inclusive: (I am working to update and expand this list and combine with some other lists I have).
(i) Ionizing Radiation. Cobalt-60, Cesium-137, Strontium 90, U-233, Plutonium
(a) Cancers of the bile ducts, bone, brain, breast, colon, esophagus, gall bladder, liver (primary site, but not if cirrhosis or hepatitis B is indicated), lung (including bronchiolo-alveolar cancer), pancreas, pharynx, o***y, salivary gland, small intestine, stomach, thyroid, urinary tract (kidney/renal, pelvis, urinary bladder, and urethra)
(b) Leukemia (except chronic lymphocytic leukemia)
(c) Lymphomas (except Hodgkin’s disease)
(d) Multiple myeloma (cancer of plasma cells)
(e) Non-malignant thyroid nodular disease
(f) Parathyroid adenoma
(g) Posterior subcapsular cataracts
(h) Tumors of the brain and central nervous system
(ii) Chemical Warfare Material. Sarin (GB), Nerve Agent (VX), HD Mustard, Lewisite, (CK) Cyanide, (CG) Phosgene and/or their breakdown products
(Mustard or Lewisite Exposure) (a) Chronic conjunctivitis, keratitis (inflammation of the cornea), corneal opacities, and scar formation.
(b) Acute nonlymphocytic leukemia, nasopharyngeal cancer; laryngeal cancer; lung cancer (except mesothelioma), and squamous cell carcinoma of the skin.
(c) Chronic laryngitis, bronchitis, emphysema, asthma, and chronic obstructive pulmonary disease.
(Nerve Agents)
(a) Chronic and multi-symptom disorder
(iii) Biological Warfare Simulants. (SM) serratia marcescens, (BG) bacillus globigii
(a) Urinary and respiratory tract, pneumonia, and wound infections
(iv) PCBs (Polychlorinated Biphenyls).
(a) Chloracne
(b) Melanomas, liver cancer gall bladder cancer, bladder cancer, biliary tract cancer, gastrointestinal tract cancer, and brain cancer.
(c) (See section (v) below
(v) Herbicides and Dioxin. 2,4,5-T, 2,4-D, cacodylic acid, picloram, TCDD (2,3,7,8-Tetrachlorodibenzodioxin), silvex, 2,4,5-TP, 2,4-DB, P*P (pentachlorophenol), tordon, Dicamba, Dichloroprop, Dinoseb, MCPA, MCPP, DMA, 2,2-dichloropropionic Acid, Dalapon
(a) AL Amyloidosis
(b) A rare disease caused when an abnormal protein, amyloid, enters tissues or organs
(c) Bladder Cancer (A type of cancer that affects the bladder where urine is stored
before it leaves the body).
(d) Chronic B-cell Leukemias
(e) A type of cancer which affects white blood cells
(f) Chloracne (or similar acne form disease) (A skin condition that occurs soon after exposure to chemicals and looks like common forms of acne seen in teenagers. Under VA's rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides).
(g) Diabetes Mellitus Type 2 (A disease characterized by high blood sugar levels resulting from the body’s inability to respond properly to the hormone insulin).
(h) Hypertension
(i) Hodgkin's Disease (A malignant lymphoma (cancer) characterized by progressive
enlargement of the lymph nodes, liver, and spleen, and by progressive anemia
(j) Hypothyroidism (A condition that causes the thyroid gland to not produce enough of certain important hormones).
(k) Ischemic Heart Disease (A disease characterized by a reduced supply of blood to the heart, that leads to chest pain).
(l) Monoclonal gammopathy of undetermined significance (MGUS)
(m) Multiple Myeloma (A cancer of plasma cells, a type of white blood cell in bone marrow).
( )Non-Hodgkin's Lymphoma (A group of cancers that affect the lymph glands and other lymphatic tissue).
(o) Parkinsonism (Any condition that causes a combination of abnormal movements. These include slow movements, trouble speaking, stiff muscles, or tremors).
(p) Parkinson's Disease (A progressive disorder of the nervous system that affects muscle movement).
(q) Peripheral Neuropathy, Early-Onset (A nervous system condition that causes numbness, tingling, and motor weakness. Under VA's rating regulations, it must be at least 10 percent disabling within one year of herbicide exposure].
(r) Porphyria Cutanea Tarda (A disorder characterized by liver dysfunction and by thinning and blistering of the skin in sun-exposed areas. Under VA's rating regulations, it must be at least 10 percent disabling within one year of exposure to herbicides0.
(s) Prostate Cancer (Cancer of the prostate; one of the most common cancers among men).
(t) Respiratory Cancers (includes lung cancer) (Cancers of the lung, larynx, trachea, and bronchus).
(u) Soft Tissue Sarcomas (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma) (A group of different types of cancers in body tissues such as muscle, fat, blood and lymph vessels, and connective tissues).
(vi) Heavy Metals. arsenic, thallium beryllium, nickel, cadmium, chromium, lead, antimony, mercury, zinc, copper
(a) Autoimmune conditions
(b) Kidney Disease
(c) Memory defects
(d) Muscle weakness
(e) Thyroid disorders
(vii) POPs (Persistent Organic Pollutants). Pesticides: aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, hexachlorobenzene, mirex, toxaphene; Industrial chemicals: hexachlorobenzene, polychlorinated biphenyls (PCBs); and By-products: hexachlorobenzene; polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans (PCDD/PCDF), and PCBs.
(viii) Volatile Organic Compounds. TCE, PERC, Benzene, Vinyl Chloride, Toluene, Acetone, 1,1,2,2-PCA, 1,1,2-TCA, carbon disulfide, carbon tetrachloride, chloroform, cis-1,2-DCE, methylene chloride,
(a) Esophageal cancer.
(b) Lung cancer.
(c) Breast cancer.
(d) Bladder cancer.
(e) Kidney cancer.
(f) Leukemia.
(g) Multiple myeloma.
(h) Myelodysplastic syndromes.
(i) Renal toxicity.
(j) Hepatic steatosis.
(k) Female infertility.
(l) Miscarriage.
(m) Scleroderma.
( )Neurobehavioral effects.
(o) Non-Hodgkin’s lymphoma.
(p) Raynaud's phenomenon
(q) Multiple Sclerosis
(ix) Asbestos. (cancers that affect a person's)
(a) Lungs.
(b) Bronchus.
(c) Gastrointestinal tract.
(d) Larynx.
(e) Pharynx.
(f) Urogenital system (except the prostate)
(g) Pleura or peritoneum.
(x) Lead-based paint. (Long-term exposure in adults can cause):
Long-term exposure can result in decreased learning, memory, and attention, and weakness in fingers, wrists, or ankles. Lead exposure can cause anemia (low iron in the blood) and damage to the kidneys. It can also cause increases in blood pressure. Exposure to high lead levels can severely damage the brain and kidneys and can cause death. In pregnant women, exposure to high levels of lead may cause a miscarriage. In men, it can cause damage to reproductive organs.
(xi) High levels of particulate matter and dust resulting from open burn pits, as defined in section 201(c) of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112–260; 38 U.S.C. 527note). Aside from military use of carcinogenic fog oil at least through 1984, various controlled and uncontrolled burns, armed forces personnel were subjected to a potential exposure pathway via inhalation of PCB-contaminated dust through December 1999 or shortly thereafter courtesy of the wind and the hydrological cycle within Calhoun County, Alabama.
(a) Brain cancer.
(b) Gastrointestinal cancer of any type.
(c) Glioblastoma.
(d) Head cancer of any type.
(e) Kidney cancer.
(f) Lymphatic cancer of any type.
(g) Lymphoma of any type.
(h) Melanoma.
(i) Neck cancer of any type
(j) Pancreatic cancer
(k) Reproductive cancer of any type
(l) Respiratory (breathing-related) cancer of any type
----------------------------------------------------
What is a TERA Exam?
§1168. Medical nexus examinations for toxic exposure risk activities
(a) Medical Examinations and Medical Opinions.-(1) Except as provided in subsection (b), if a veteran submits to the Secretary a claim for compensation for a service-connected disability under section 1110 of this title with evidence of a disability and evidence of participation in a toxic exposure risk activity during active military, naval, air, or space service, and such evidence is not sufficient to establish a service connection for the disability, the Secretary shall-
(A) provide the veteran with a medical examination under section 5103A(d) of this title; and
(B) obtain a medical opinion (to be requested by the Secretary in connection with the medical examination under subparagraph (A)) as to whether it is at least as likely as not that there is a nexus between the disability and the toxic exposure risk activity.
(2) When providing the Secretary with a medical opinion under paragraph (1)(B) for a veteran, the health care provider shall consider-
(A) the total potential exposure through all applicable military deployments of the veteran; and
(B) the synergistic, combined effect of all toxic exposure risk activities of the veteran.
(3) The requirement under paragraph (2)(B) shall not be construed as requiring a health care provider to consider the synergistic, combined effect of each of the substances, chemicals, and airborne hazards identified in the list under section 1119(b)(2) of this title.
(b) Exception.-Subsection (a) shall not apply if the Secretary determines there is no indication of an association between the disability claimed by the veteran and the toxic exposure risk activity for which the veteran submitted evidence.
(c) Toxic Exposure Risk Activity Defined.-In this section, the term "toxic exposure risk activity" has the meaning given that term in section 1710(e)(4) of this title.
(Added Pub. L. 117–168, title III, §303, Aug. 10, 2022, 136 Stat. 1779 .)
----------------------------------------
NEXUS LETTERS FOR TERA CLAIMS
For TERA (toxic exposure risk activity) claims, The veteran does NOT need a nexus letter from the VA or civilian medical professional. The VA will obtain a "medical opinion" during the required C&P exam from the specially-trained health care professional (C&P exam / TERA exam) to determine if there is a "nexus" (i.e., a connection) between the toxic exposure and the adverse medical condition(s).
A nexus letter from the veteran's medical professional can be submitted to bolster the claim(s) but is not required.
----------------------------------------
(Prior to the PACT Act, National Guard and Reserves were often treated differently as far as "veteran" status was concerned - even though they attended the exact same basic training and or AIT at Ft. McClellan. The PACT Act seems to address toxic exposure as it relates to Guard/Reserve).
Am I eligible for VA disability compensation?
You may be eligible for VA disability benefits or compensation if you meet both of these requirements.
Both of these must be true:
• You have a current illness or injury (known as a condition) that affects your mind or body, and
• You served on active duty, active duty for training, or inactive duty training
And at least one of these must be true:
• You got sick or injured while serving in the military—and can link this condition to your illness or injury (called an in-service disability claim), or
• You had an illness or injury before you joined the military—and serving made it worse (called a pre-service disability claim), or
• You have a disability related to your active-duty service that didn’t appear until after you ended your service (called a post-service disability claim)
• ------ The End
