Epilepsy and Seizures
Epilepsy is rated based on the frequency and severity of seizures. The VA recognizes two types: minor seizures (affecting portions of the brain, with possible temporary loss of consciousness, mumbling, muscle spasms, rhythmic blinking, staring, nodding, or falling) and major seizures (affecting the entire brain, typically causing loss of consciousness with uncontrollable body convulsions). Grand mal epilepsy (DC 8910) is rated as major seizures. Petit mal epilepsy (DC 8911), focal seizures (DC 8912), and some forms of psychomotor epilepsy (DC 8914) are rated as minor seizures. For diagnosis, a seizure must be witnessed by a physician or verified through an EEG measuring electrical brain activity. Epilepsy is presumptive if diagnosed within one year of separation at a severity of at least 10%, or if secondary to a moderate or severe TBI.
VA Rating Levels
Confirmed diagnosis requiring continuous medication, or a long history of seizures.
At least 2 minor seizures in the past 6 months, or at least 1 major seizure in the past 2 years.
5 to 8 minor seizures per week, or at least 2 major seizures in a year.
9 to 10 minor seizures per week, or at least 3 major seizures in a year.
11 or more minor seizures per week, or 4 to 11 major seizures in a year.
12 or more major seizures in a year.
Exam Tips & Key Evidence
- →If the condition can be rated under either major or minor seizures, the VA will assign whichever rating is higher.
- →A mental disorder that accompanies epilepsy can be rated separately if it persists between seizures. If it only occurs during seizures, it cannot receive its own rating.
- →Detailed documentation of seizure frequency is essential. Keep a seizure diary and have witnesses document episodes when possible.
- →If your seizures are controlled by medication but you still require constant medication, you can still receive a minimum 10% rating.
Commonly Related Conditions
38 CFR Reference
38 CFR $ 4.124a, Diagnostic Codes 8910-8914